SAN sues lawmaker over unpaid N20m legal fees

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A Senior Advocate of Nigeria (SAN), Chief Aikhunegbe Malik, has sued his client, Francis Agbo, at the Federal Capital Territory, Abuja over unpaid N20 million professional fees.

Agbo, who represents Ado/Okpokwu/Ogbadibo constituency of Benue State in the House of Representatives, is seeking re-election for a second term.

The SAN said he represented the lawmaker in an appeal numbered CA/MK/PE/03/2022 between Agbo vs Aida Nath Ogwuche and two others.

The plaintiff is demanding N15million professional fees for representing Agbo in an appeal numbered CA/MK/PE/03/20222.

He also asked for N5 million professional fees for the preparation and completion of the draft Notice of Appeal to challenge the outcome of the judgment in the suit numbered FHC/ABJ/CS/778/2022 between the same parties.

The Learned Silk is also asking for N10million against the defendant, being the cost of the suit.

Malik, through his lawyer Mr Jibrin Okutepa (SAN), said the defendant took part in the Peoples Democratic Party (PDP) primary held on May 23, 2022, but someone else was declared the winner. 

Dissatisfied with the outcome, he briefed Malik to represent him, first orally and later confirming the instruction in writing.

The SAN said he accepted the brief and filed a case at the Federal High Court, undertaking several trips from Abuja to Makurdi with his team of lawyers to represent the defendant.

A ruling was eventually delivered on the case, and the defendant directed Malik to file an appeal.

“It was agreed between the claimant and the defendant that the professional fees for handling the appeal will be a discounted sum of N15 million,” the claimant said.

In the meantime, judgment was delivered in the substantive suit, for which Malik said he also filed an appeal for Agbo.

The SAN said he demanded a deposit payment for the appeal against the final judgment and full payment for the interlocutory appeal.

“The defendant, however, left the claimant’s office and did not return to make good his promise to settle his outstanding professional fees,” Malik said.

Rather than reach out to the claimant to sort out the issue of the outstanding professional fees, Malik alleged that the defendant took the draft notice of appeal he prepare to brief another law firm to prosecute the appeal against the judgment of the Federal High Court, Makurdi Division.

The plaintiff said he confirmed that the Notice of Appeal eventually filed on behalf of the defendant was virtually the same as the final draft prepared by the claimant and shared with the defendant.

Malik said following his client’s refusal to pay him, he issued a demand letter alongside a bill of charges detailing the work done and professional fees due.

“Despite the service of the claimant’s letter of demand on the defendant, the defendant deliberately refused, failed and neglected to settle the claimant’s professional fees,” the claimant said.

He, therefore, prayed the court to order the defendant to pay the fees.

The defendant is expected to file his response.

No date has been fixed for the hearing of the case. 

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