After exhaustive investigations that lasted several months, Washington DC Bar, regulator of legal practice in the District of Columbia, in which Washington, DC, the capital of the United States is located, dismissed the petition by the Nigerian Embassy accusing its former lawyer, Emeka Ugwuonye, of unethically holding on to $1.55 million belonging to it.

The decision was communicated to the Embassy through a letter addressed to Mr. Yusuf S. Abdullahi, Minister/Head of Chancery, and signed by Dolores Dorsainvil, Staff Attorney in the Office of Bar Counsel, the investigating and disciplinary arm of Washington DC Bar.

The Embassy had dragged Ugwuonye to Washington DC Bar, complaining that he refused to return $1.55 million out of the money he collected on behalf of the Embassy.

In its final letter on the issue dated March 24, 2009, a copy of which is in the possession of News Express, the Office of Bar Counsel wrote:

“Dear Mr. Abdullahi,

“This office has completed its investigation of the disciplinary complaint that you filed against Ephraim C. Ugwuonye, Esquire. We have evaluated the matter in the light of an attorney’s obligations as set forth in the District of Columbia Rules of Professional Conduct (“Rules”). It is the burden of our office to find clear and convincing evidence of a violation of the Rules in order to sustain a disciplinary proceeding against an attorney. “Clear and convincing” evidence is more than a mere preponderance of the evidence, which would be sufficient in a civil proceeding. We do not find such evidence in our investigation and, therefore, must dismiss the complaint.

“We docketed this for investigation on September 22, 2008 following a review of your complaint. You state that Mr. Ugwuonye engaged in unethical conduct when, in connection with his representation of the Nigerian Embassy, he failed to return an IRS tax refund check in the amount of $1,550,000.00 although you requested that he do so.

“In response to your complaint, Mr. Ugwuonye states his office represents the Nigerian Government in several matters, including a lengthy litigation matter. He states that the Nigerian Government owed him significant legal fees for these matters. Mr.Ugwuonye states that, after consulting with the Nigerian Government, the parties agreed that the IRS refund check would be applied towards the unpaid legal fees owed him. He states that he has communicated this information to you. Mr.Ugwuonye states that there was a dispute between the various departments within the Nigerian Government as to which agency bore the responsibility of paying the legal fees. Mr.Ugwuonye states that this is an internal issue that he understands has been resolved.

“You declined to further comment on Mr. Ugwuonye’s response despite our letters to you dated October 21 and November 6, 2008.

“Based on all the information and documents that have been reviewed in connection with your complaint, we have determined that we do not have sufficient evidence to prove that Mr. Ugwuonye violated any of the D.C. Professional Rules of Conduct.

“Rule 1.15(b) states, in part: “…a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive….” Although you state that Mr.Ugwuonye failed to promptly deliver the client funds, we do not have sufficient evidence to determine whether the Nigerian Government authorized that given the circumstances. Further, without your cooperation, we cannot determine whether the Nigerian Government authorized that those funds be applied to outstanding legal fees, and, therefore, cannot proceed with this investigation. Therefore, we are unable to find that Mr. Ugwuonye violated this rule. Our disposition of your complaint before this office does not affect your legal right, if any, to pursue a private claim through civil litigation.

“We trust that the foregoing discussion adequately explains the basis for our decision to terminate our investigation and dismiss your complaint without prejudice. We thank you for bringing your concerns to our attention.”

Contacted by News Express, Mr. Ugwuonye said the truth about his professional relationship with the Nigerian Embassy had always been clear.

“Contrary to some misleading media reports, I have never at any time been accused of theft in connection with this issue, either in the Embassy’s petitions or in any of the law suits in connection with the case,” he said, adding: “This is a case of a civil suit centering on a client dispute which some people with an ulterior motive are desperately trying to paint as a criminal case of theft.”

•Photo shows Emeka Ugwuonye.

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