By Staff Reporter
The Malawi Law Society (MLS) has recommended to the office of the Chief Justice to disbar its member Ayuba James of CJ Attorneys for allegedly swindling a client millions of Malawi Kwacha.
The prayer to the Chief Justice is contained in a statement released on 8 August, 2023.
“The Committee, therefore, resolved that: It should recommend to the Chief Justice that you be struck off the roll of legal practitioners in accordance with Section 96(1)\(a) of LELPA,” reads a disciplinary committee ruling from the Malawi Law Society.
The MLS disciplinary committee has also advised the office of public prosecution to start criminal proceedings against Mr James.
“It should advise the Director of Public Prosecutions (DPP) to institute criminal proceedings
against you for embezzling client’s money in accordance with section 96(1)X(e) of the LELPA,” says the ruling.
As a matter of remedy, the committee ordered Ayuba James to refund K11,300,000.00 to Mr Gama as well as paying Two Hundred Forty Thousand Kwacha (K240,000.00) to the Malawi Law Society being costs of the disciplinary proceedings in accordance with Section 96(2)(a) of the LELPA.
The development follows summoning of Ayuba James for hearing in accordance with Rule 10 of the Disciplinary Committee Rules of Procedure 2015, to appear before the Disciplinary Committee, sitting at Capital Hotel in Lilongwe on 27th June, 2023.
The purpose of the Conduct Meeting was to inform him about the alleged misconduct that had resulted in the complaint and to ensure that he had a greater understanding of the consequences of his alleged actions.
According to the charge sheet, Ayuba was engaged by Mr Gama to represent him in a civil matter where he was sued by one of his suppliers.
Mr Gama alleges that he advised him to deposit K60,000,000.00 into his personal account while waiting for reconciliation with the supplier.
Mr Gama states that while he was waiting for the reconciliation, he withdrew K29,000,000.00 through him.
Mr Gama stated that after sometime, he was informed that there was a ruling from the courtband that he should pay the supplier K46,000,000.00. He was further told to write a cheque to Kawelo Lawyers, the supplier’s lawyers.
According to the statement, it was at this point that Mr Gama asked Ayuba, to deposit the balance to his bank account.
Mr Gama told the committee that Ayuba told him that he had made a mistake and deposited K11,000,000.00 to Kawelo Lawyers instead of his account.
“From the above account, it is alleged that you still had K20,000,000.00 from
K60,000,000.00 and this was meant for Nail Teck (K5,900,000.00), Aluminium
(K7,300,000.00) and the balance for himself, however, you did not pay them. He further alleges that he engaged you to represent him in court and due to your conduct
and failure to carry out instructions, a default judgment was entered against him,” read the ruling.
The charges according to the statement is failure to open a client account contrary to section 36(1) of the LELPA.
Second account is embezzling client’s money contrary to section 89(2)(m) of the Legal Education and Legal Practitioners Act (LELPA).
“You engaged in personal or professional conduct that brought discredit to the profession contrary to Chapter 3 rule 1 of the Code of Ethics as well as engaging in misconduct that brought the profession of the law into disrepute contrary to Sections 89(2) of the LELPA?”
Lastly, MLS found Ayuba guilty of failing to timely respond to the Society’s communication dated 28h November, 2022 that contemplated a reply contrary to Chapter 3 rule 3 of the Code of Ethics.
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