Valuers

Professional Misconduct: ESVARBON Tribunal Prosecutes Valuers

The Disciplinary Tribunal of the Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON), has begun the prosecution of some estate valuers who have been accused of professional misconduct.

The tribunal, which is sitting in Lagos is hearing several cases brought before it by the Nigeria Institute of Estate Surveyors and Valuers (NIESV) and other members of the body.

In one of the cases brought before it, NIESV vs ESV Toyin Ilori, the defendant was charged with colluding with a non-registered company to secure and execute compensation/valuation job.

The charge sheet reads: “That you ESV (Mrs.) Toyin Ilori in or about 2019 and 2020, being in the habit of executing compensation valuation jobs awarded to Oserepal Nig. Ltd., a non-Estate Surveyor and Valuer and unknown non-Estate Surveyor and Valuers who get such valuation jobs, execute the same for such unqualified persons contrary to Regulation 6, 8(1), 9(1) of the Estate Surveyors and Valuers Regulations 2014, and Code 9 the Code of Professional Conduct for Estate Surveyors and Valuers 2015, thereby committing an offence of professional misconduct, punishable under section 14 of the Estate Surveyors and Valuers (Registration, etc) ACT CAP E13 LFN 2004.”

Meanwhile, Ilori pleaded not guilty to the charge.

The defense counsel however, pleaded for more time to study the charge as it was recently amended by the prosecuting counsel.

Based on the advice of the assessor to the Tribunal, the case was adjourned to 3rd September 2020.

In another case, NIESV vs ESV Paschal Chinyelu, the defendant was accused of posting abusive contents on the Whatsapp platform of the NIESV Abuja chapter and refused to remove it even after the executives of the body had reached out to him.

When asked to plead his case, the defendant claimed not to remember anything as he had an accident in January 2018, which affected his memory.

In its ruling on the case, which by law, is referred to as ‘direction’, Chairman of the ESVARBON Disciplinary Tribunal, Sir Umezuruike Ogbonnaya PPNIVS, noted that while the defendant had claimed not to remember anything concerning the allegation, including his response to the query issued in July 2018 as he claimed loss of memory, he was able to remember his bank accounts when asked.

The Tribunal came to the conclusion that the health condition of Paschal Chinyelu appears to be acute loss of memory, which makes him not to be in a position to practice the profession of estate surveyors and valuers and hereby directs that his name be struck off the register on all the instruments of registration recovered from him dated this 28 day of July 2020.

The ruling read.

Commenting on the legal backing for the Tribunal, the Registrar, ESVARBON, Barr. Ifeanyi Uzonwanne ESQ, stated that “The law establishing the board provided for it to have a disciplinary tribunal.”

Reading further, the Tribunal said, “In the area of enforcement of discipline, it is no longer going to be business as usual.

“The board may have waited for cases of professional misconduct to be reported to it, without using the powers conferred on it by Section 13 of the Act setting it up. That section charges the tribunal with the duty of considering and determining any case referred to it by the investigating panel and any other case of which the tribunal has cognizance,” he said.

Post Author: Dayo Emmanuel