SENIOR ADVOCATES ASK OLANIPEKUN TO QUIT OVER LPDC PROBE

A coalition of leading senior lawyers, civil society activists and users of court services under the aegis of Justice Reform Project (JRP) has added its voice to the growing call on the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to resign.

The Nigerian Bar Association (NBA) had asked the former NBA President to recuse himself from the seat to pave way for an unfettered investigation of its petition to the Legal Practitioners Disciplinary Committee (LPDC) against the foremost senior lawyer and other partners in his law firm.

In a statement obtained by CITY LAWYER, the group comprising over 20 senior advocates and other justice sector reform advocates urged Olanipekun to “step down” from his position as BoB helmsman, adding that such move would be a mark of honour.

It said: “JRP takes the position that the learned silk ought to step down from his position as Chairman of the Body of Benchers to enable investigations to be concluded with the requisite confidence. This should have predated the steps taken by the NBA and subsequent public commentary. Such an action on his part would not be a mark of culpability, it would be a matter of responsibility and honour. In his exalted position, he should ordinarily be instigating such a complaint.”

The body decried Olanipekun’s failure to recuse himself, saying: “The learned silk’s continued stay in office is, consequently, an indiscretion which will come at a cost to the integrity of our profession. The tribal sentiments being stoked by senior members of the bar are not helpful. Neither are allegations of witch-hunting or ulterior motives.”

The JRP also berated the BoB Chairman for the alleged “innuendos” in his speech during the recent Call to Bar ceremony, saying that that has only reinforced the call for his resignation.

According to the group of justice sector reform advocates, “On a related note, the innuendos in the learned silk’s speech at the Call to Bar ceremony, suggesting that opposing views were indicative of a ‘pulling down syndrome’, can only reinforce the call for his resignation, even though a formal complaint against him has not been lodged.”

It commended the Olumide Akpata-led NBA for its position on the saga, saying: “The NBA, and its leadership, must be commended for taking a bold step in upholding the standards of our profession, even in circumstances involving a man who commands an enormous amount of respect from the entire profession. This is the true test of our will to revive our dying profession and, all of us, including the learned silk, have a responsibility to put the profession first in circumstances like this.”

The JRP added that “The NBA leadership has done its job. Their actions have marked a new era in the enforcement of ethical standards in the legal profession and we must all stand behind the NBA to ensure the integrity of our profession.”

CITY LAWYER had in an exclusive report cited a searing complaint by an apparently embittered senior lawyer and former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN where he referenced an email to the oil company from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

JRP was set up in February 2019 with membership cutting across senior and junior lawyers, civil society activists and users of court services interested in reform of the justice system.. The group co-hosted the recent Justice Sector Summit. CITY LAWYER gathered that the JRP is an offshoot of the G20 group of senior advocates who in mid-2019 at the peak of the controversy surrounding the removal of former Chief Justice of Nigeria, Justice Walter Onnoghen, issued a statement saying they “feel embarrassed and deeply concerned by the recent events surrounding the suspension of Honourable Justice W. S. N. Onnoghen as the Chief Justice of Nigeria.”

Among the signatories to the Onnoghen statement were Messrs Ebun Sofunde SAN, Kayode Sofola SAN, Kola Awodein SAN, Ademola Akinrele SAN, Eyimofe Atake SAN, Olufunke Adekoya SAN, Oluwafemi Atoyebi SAN, Yemi Candide-Johnson SAN, Olasupo Shasore SAN, Babatunde Ajibade SAN, Osaro Eghobamien SAN, Babatunde Fagbohunlu SAN, Wemimo Ogunde SAN, and Jibrin Okutepa SAN. Others Messrs Olumide Sofowora SAN, Ernest Ojukwu SAN, Olatunde Adejuyigbe SAN, Adewale Olawoyin SAN, Adeniyi Adegbonmire SAN and Oyesoji Oyeleke SAN.

More recently, the JRP brought a lawsuit at the Federal High Court sitting in Abuja to restrain President Muhammadu Buhari from appointing as judges, 21 persons recommended to him by the National Judicial Council (NJC), saying that “it is concerned about the dysfunctional justice system in Nigeria.”

It was unclear at press time whether all the senior advocates that endorsed the Onnoghen Statement are still members of the JRP, moreso as Okutepa has criticized the approach adopted by Akpata in seeking Olanipekun’s recusal while Ogunde is the father of Ms. Adekunbi Ogunde, the partner in Olanipekun’s law firm who has been dragged to the LPDC by NBA.

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OLANIPEKUN SURVIVES, AS BENCHERS FAIL TO DEBATE NBA’S RECUSAL DEMAND

The Chairman of the Body of Benchers, Chief Wole Olanipekun SAN has survived a move by the Nigerian Bar Association (NBA) to have him step aside from the seat following a petition to the Legal Practitioners Disciplinary Committee (LPDC) seeking sanctions against partners in his law firm for alleged professional misconduct.

Though CITY LAWYER gathered that NBA President, Mr. Olumide Akpata had sent an email to the BoB asking that the recusal matter should be tabled for discussion, an impeccable source who attended today’s Body of Benchers meeting told CITY LAWYER that the issue did not receive any attention during the meeting. “There was absolutely no mention of the matter during the entire duration of the meeting,” said the source. Akpata’s email was copied to all BoB members.

CITY LAWYER had predicted that the issue may not be debated at today’s meeting as it was not listed on the agenda. Sources however said that this may not be unexpected given that the agenda for today’s meeting had long been drawn up. The non-receipt of the recusal letter until yesterday may also have made it practically impossible to include the issue on the agenda.

The source told CITY LAWYER that the meeting was delayed for about 30 minutes as the chairman took turns to felicitate with members, even as the meeting witnessed massive attendance by many BoB members, some attending after a prolonged absence.

Though at least two national newspapers reported that NBA President, Mr. Olumide Akpata shunned the meeting, CITY LAWYER gathered from unimpeachable sources that Akpata attended the meeting virtually and was signed on throughout the deliberations as he is overseas.

The source said that while the only opportunity to include the recusal issue on the agenda was during debate on “Adoption of Agenda,” Olanipekun side-stepped the item by stating that his “Chairman’s Address” would cater for that.

This paved the way for a discussion of only issues relating to tomorrow’s Call to Bar ceremony following a committee report on the subject. Other reports were deferred to the body’s next meeting on September 29, 2022, moreso as the reports were not circulated to members.

CITY LAWYER however gathered that this has been the tradition, as the body’s meetings on the eve of Call to Bar ceremonies often focus exclusively on preparations for the event.

Aside from the Acting Chief Justice of Nigeria (CJN), Justice Kayode Ariwoola, two past Chief Justices of Nigeria also attended the meeting. They are Justice Mahmud Mohammed and Justice Walter Onnoghen as well as retired Justice Mary Peter-Odili who doubles as the Vice-Chairman of the Body of Benchers. Also in attendance was Justice Helen Ogunwumiju of the Supreme Court.

The NBA was also well represented at the meeting which held at the Body of Benchers Complex in Jabi, Abuja by Akpata and its statutory representatives as well as seven past presidents including Messrs Onomigbo Okpoko SAN, O. C. J. Okocha SAN, Joseph Daudu SAN, Augustine Alegeh SAN, Okey Wali SAN, Abubakar Mahmoud and Paul Usoro SAN. Daudu, Alegeh and Wali signed on virtually.

It remains to be seen whether the matter will be raised at the next meeting of the Body of Benchers in September.

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm. The LPDC is a committee of the Body of Benchers.

In a letter personally signed by Akpata following the filing of the petition, NBA had urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

But Olanipekun, a former NBA President, had expressed anger against the association for allegedly making its demand public without communicating the recusal letter to him, saying it appeared there was an ulterior motive behind the action. His words: “As we talk, I am yet to get a copy of the letter. People have been calling me but I can’t react to a document that I have not seen.”

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ONNOGHEN: ACCESS TO JUSTICE WANTS UMAR SACKED

A leading human rights group, Access to Justice has called for the removal of Code of Conduct Tribunal Chairman, Mr. Danladi Umar, saying the move will restore confidence in the tribunal.

Reacting to the tribunal’s judgement on suspended Chief Justice of Nigeria, Justice Walter Onnoghen, Access to Justice (A2Justice) said that the tribunal is not independent of the executive arm of government.

In a statement jointly signed by Messrs Joseph Otteh and Daniel Aloaye, its Executive Director and Programme Officer respectively, A2Justice warned that with the spectre of a criminal charge hanging over the head of the tribunal’s chairman, Mr. Danladi Umar, the Executive arm is bound to arm-twist the jurist to do its bidding. It said: “It is clearly feasible to argue, at least theoretically, that all an executive government needs to do to get the Code of Conduct Tribunal groveling to its side is to raise the spectre of pursuing a corruption trial against its Chairman, Danladi Umar. That is just how vulnerable the leadership of the Code of Conduct Tribunal is. There needs to be a change in the chairmanship of the Tribunal if it is to inspire public confidence in itself.”

The human rights group described Onnoghen’s trial as “shambolic,” adding that the outcome of the trial was “pre-determined.”

It also carpeted the procedures adopted by the tribunal in reaching its verdict, saying they were “far too faulty and flawed to be regarded as a judicial process.”

Saying that it had no opinion on the guilt or otherwise of the Supreme Court jurist since he is presumed innocent by the Constitution, A2Justice added that “The bizarre and egregious procedure taken to unseat Justice Onnoghen was an unmistakable indication that no barrel was too deep to plumb in getting to achieve what the Tribunal wanted to achieve, and no rule or principle of law was strong or revered enough to forestall its plan.”

Below is the full text of the statement.


ABSURD. SHAMBOLIC. – TRIAL AND JUDGEMENT OF CODE OF CONDUCT TRIBUNAL IN FRN V. ONNOGHEN PLUMB THE DEPTHS OF TRAVESTY

Today, April 18, 2019, the Code of Conduct Tribunal in a judgment delivered by its chairman, Mr. Danladi Umar convicted Justice Walter Onnoghen on a six-count charge of false declaration of assets. The charges were filed on January 10th 2019 by the Federal Government of Nigeria following a petition to the Code of Conduct Bureau on January 9th 2019 by an organization (the Anti-Corruption and Research Based Data Initiative). Following its verdict, the Tribunal ordered Justice Onnoghen’s removal from judicial office as Chief Justice of Nigeria, as well as the seizure and forfeiture of the monies in his accounts. It also barred him from holding public office for ten years. The Code of Conduct Tribunal is a quasi-criminal court saddled with the responsibility of handling complaints of non-compliance with the Code of Conduct for Public Officers. The primary objective of the Code of Conduct Tribunal, as provided under its Enabling Act is to establish and maintain a high standard of morality in the conduct of their official functions by public officials.

Access to Justice (A2Justice) takes no position on whether Justice Walter Onnoghen committed the infractions with which he was charged or indeed is guilty of offences related to them. A2Justice abides by the rule of law principle that all persons are equal before the law and that no person should be above the law. However, a cardinal rule of law requirement is that courts and tribunals which exercise judicial powers should be independent of other arms of government and appear, in the perception of reasonable observers, to be so independent.

Unfortunately, the Code of Conduct Tribunal did not offer this guarantee of independence, neither its perception. Far from it. The Tribunal had, from the word go, drawn the handwriting on the wall indicating that it was bent on a particular outcome, and that it would look neither to the left nor to the right in the blind pursuit of that goal. At several pivotal junctures in the course of the trial, the Tribunal appeared to demonstrate that it was clearly on the same side with the government, and was not sitting as an unbiased umpire or judicial arbiter.

Nowhere was this more evident as when Danladi Umar and another member of the Tribunal granted, speaking figuratively, under cover of darkness on January 23rd 2019, an ex-parte Order removing Justice Walter Onnoghen as Chief Justice of Nigeria. The bizarre and egregious procedure taken to unseat Justice Onnoghen was an unmistakable indication that no barrel was too deep to plumb in getting to achieve what the Tribunal wanted to achieve, and no rule or principle of law was strong or revered enough to forestall its plan. It will not surprise many that the Code of Conduct Tribunal reached the verdict it did after using very questionable procedures from the very start.

It would be a serious fallacy to characterize the Tribunal’s verdict as one reached after a due process trial using even the lowest possible denominators of what a fair trial represents. The procedures adopted by the Tribunal in the case were far too faulty and flawed to be regarded as a judicial process. To reasonable observers, it would appear that the Tribunal’s procedure and speed were deliberately contorted to enable it reach its pre-determined outcomes, and its verdict was simply a reflection and product of the shambolic trial.

Undoubtedly, Justice Onnoghen’s trial before the Code of Conduct Tribunal was, in every way, grossly and grievously unfair, and no fair-minded court or tribunal could have descended to the depths the Code of Conduct Tribunal delved in trying to convict Walter Onnoghen on the charges against him in order to remove him from office. The Tribunal was so desperate to convict Justice Onnoghen that it had to overturn or side-step its previous judgments on similar matters, decisions such as those given in a prior case involving another Justice of the Supreme Court. A cardinal principle of our Common Law system is that similar cases are decided alike in other to prevent arbitrariness and caprice in the adjudication of cases.

This is not a way to fight corruption. There is no positive, but rather, there are plenty negatives to this flawed judgment. This judgment merely shows how much is still lacking in Nigeria’s courts and tribunals and how distanced they truly are from being independent vehicles of justice. Unfortunately, the Code of Conduct Tribunal has been headed for a long time by a person who himself has been the subject of corruption allegations, and that, in itself, is a major weakness.

More than changing its leadership, constitutional reforms must make the CCT a more independent institution. As Danladi Umar himself said in his judgment today, “…CCT also is not under the supervision of the National Judicial Council but the Presidency…’’. A Tribunal under the Presidency cannot be independent of the Presidency, which is a political institution.

Ultimately, the trial and judgment of the CCT will disparage Nigeria’s system of justice in the eyes of the international community. More than that however, they show that, despite elaborate constitutional arrangements to guarantee an independent Judiciary, as well as constitutional rights to a fair trial, the judicial process is still weak and leaking through many crevices leaving many citizens defenceless and exposed as a result. We see this situation in the Code of Conduct Tribunal. No democracy can flourish under such conditions.

For Access to Justice
Joseph Otteh Daniel Aloaye
Executive Director Programme Officer

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