Nwabudike Gets 6-Month Suspension from Law Practice in Liberia

The Supreme Court of Liberia on Wednesday, August 25, delivered its opinion (judgment), suspending the controversial respondent and former Chairman of the Liberia Anti-corruption Commission (LACC), Counselor Ndubusi Nwabudike, from the practice of law in the country for a period of six months beginning Wednesday, April 25, 2021.

The court, in its unanimous decision, said, Cllr. Nwabudike violated Rules 24 and 29 (3) of the Code of Moral and Professional Ethics for lawyers when he provided conflicting and inconsistent information about his age and name when he appeared before the Senate during his confirmation hearing as chairperson of the National Elections Commission (NEC).

In its judgment, the Court said, “It would be wrong for the respondent to continue to practice law when quite clearly the documents he filed, which necessitated his admission to the practice of law in Liberia are filled with inconsistency and discrepancies.

Rule 24 states that “A lawyer's word of honour is sacred and his dealings in all matters and on all occasions should be such as repugnant to his oath, and degrading to his profession.”

While 29 (3) says, “Every lawyer should aid in guiding the Bar against the admission of the profession of a candidate unfit or unqualified, because of deficiency in either moral character or education. It is the duty of every lawyer and he should strive, at all times, to uphold the honor and maintain the dignity of the profession, and to improve not only the law but the administration of justice.”

Meanwhile, the Supreme Court did not address the contention regarding Nwabudike’s questionable naturalization status; instead, the court recommended the office of the Attorney General and Justice Minister, Frank Musah Dean, to take charge of the matter.

President George Weah appointed Nwabudike to chair three key government portfolios -- the Governance Commission, the Anti-Corruption Commission, and the National Elections Commission, as well as the Special Presidential Review Committee that was established to probe the Global Witness Report on the National Oil Company of Liberia.

Nwabudike, when he appeared for his confirmation hearing, told the Senators that he had been naturalized since 1982 at the age of 17, which is in violation of Section 21.3 of the country’s Alien and Nationality Law.  The law says no person can file a petition for naturalization until he or she reaches 21.

“When I had my declaration of intents, I was a minor and because of that, I was required to bring a parental consent and an adult to stand to take the oath behind me,” said Nwabudike.

But, by then, Senator Varney Sherman, of Grand Cape Mount County, himself a lawyer, said there is nothing in the law that stipulates parents standing in for minors.

The LNBA statement

The Liberia National Bar Association (LNBA), in its intervention, said doubt raised by the Senate over Nwabudike’s citizenship cast a very dark cloud over the integrity and credibility of the Liberia Bar Association and the Judiciary in evaluating applicants for admission into the legal profession.

According to the Bar, Nwabudike allegedly failed to honour citations sent to him by its ethics committee probing the validity of his citizenship.

Additionally the Bar pointed out that the First Judicial Circuit, Criminal Assizes “B”, Temple of Justice, also wrote the Committee informing it that it had no record of his status.

On 6 April, the Bar indicated that Nwabudike wrote to the committee arguing that his citizenship was given by the Liberian government and it is only the Liberian government that can challenge or revoke it.

He also said the issue of his citizenship was now moot since the issue was not raised when he was admitted as attorney-at-law and subsequently as counsellor-at-law.

“His 2004 Liberian Passport carries his date of birth as 2 October 1963 and his name as A. Nkwuka Ndubuisi Nwabudike, instead of the name that appears on the roster of the Liberian National Bar Association and Supreme Court Bar which is A. Ndubuisi Nwabudike,” the Bar stressed.

The body noted that his Liberian national identification card carries his date of birth as 2 October 1969 and his name as A. Ndubuisi Nkwuka Nwabudike, and his application for marriage certificate, dated 22 January 1992, filled in by hand, carries his name as A. Ndubuisi Nwabudike, his date of birth as 19 October 1960 and his nationality as Nigerian.