The National Judicial Council (NJC) has resolved to drag popular Lagos lawyer, Chief A. A. Aribisala, SAN to the Legal Practitioners Privileges Committee (LPPC) over “unpalatable and derogatory remarks” he allegedly made against a judicial officer. The NJC has the Chief Justice of Nigeria, Justice Olukayode Ariwoola as its chairman.

In a press statement on the heels of its 104th meeting which held last Wednesday and Thursday, the council wrote: “Council also resolved to report A. A. Aribisala, SAN to Legal Practitioners’ Privileges Committee (LPPC) for investigation and disciplinary action, for the unpalatable and derogatory remarks he made against a Judicial Officer and by extension, the NJC in his petition to the Council.”

Details of the remarks were however not made public. The embattled fiery senior lawyer is yet to respond to the development.

CITY LAWYER recalls that this is not the first time Aribisala is having a brush with the LPPC. The committee had on February 26, 2013 stripped the senior lawyer of the rank following “allegations of flagrant breach of professional ethics and professional misconduct.” This arose from a petition by Fidelity Bank dated May 15, 2012 and another one by the Power Holding Company of Nigeria (PHCN).

But Aribisala dragged both the bank and LPPC to court, arguing that his suspension was done despite the pendency of an application dated October 19, 2012 seeking a restraining order of interlocutory injunction against LPPC.

The rank was however restored to him 20 months later. A statement then by the LPPC read: “You may all recall that on the 26th day February, 2013 the Legal Practitioners’ Privileges Committee at its General meeting suspended Chief A. A. Aribisala(SAN) from further use of the Rank of Senior Advocate of Nigeria based on two petitions received by the LPPC on allegations of flagrant breach of professional ethics and professional misconduct.

“On the 27th day of October, 2014 the Legal Practitioners’ Privileges Committee at its General Meeting have decided to lift Chief A.A Aribisala’s suspension, after consideration of all material facts (Notices of withdrawal/discontinuance and subsequent letter of withdrawal of petition and terms of settlement).

“Pursuant to the committee’s decision, Chief Aribisala is hereby restored to the Rank of Senior Advocate of Nigeria with effect from the 27th day of October, 2014.

“Futhermore, the committee hereby declares that any future act by Chief Aribisala that runs foul of paragraph 22 of the LPPC rules shall attract a stiffer sanction.”

Meanwhile, the council has also recommended the compulsory retirement of Hon. Justice S. O. Falola of Osun State High Court from the Bench.

In the statement signed by its Director of Information Dele Oye, the council stated that “The recommendation was made sequel to the findings of an Investigation Committee in a petition written against His Lordship by Mr Dapo Kolapo Olowo and Polaris Bank for granting a Garnishee Order Absolute against the Bank for the sum of N283,174,000.00 (Two Hundred and Eighty-Three Million, One Hundred and Seventy-Four Thousand Naira) in a questionable and strange manner, and endorsement of the Order, attaching the account of the Garnishee with another garnishee and not the account of the Judgment Debtor who had the legal obligation to pay the supposed judgement sum.”

It is also set to investigate 51 fresh petitions written against Federal and State Judicial Officers, “and decided to constitute 11 Panels to investigate petitions that had merits and dismissed the remaining petitions for being subjudice, having been withdrawn, and the Subject Judges having retired from service.”

Below is the full text of the statement.

• NJC SACKS ONE JUDGE FOR MISCONDUCT • EMPANELS 12 COMMITTEES TO INVESTIGATE JUDICIAL OFFICERS

The National Judicial Council under the Chairmanship of Hon. Justice Olukayode Ariwoola, GCON, at its 104th Meeting of 6 & 7 December 2023 has recommended the compulsory retirement of Hon. Justice S. O. Falola of Osun State High Court from the Bench.

The recommendation was made sequel to the findings of an Investigation Committee in a petition written against His Lordship by Mr Dapo Kolapo Olowo and Polaris Bank for granting a Garnishee Order Absolute against the Bank for the sum of N283,174,000.00 (Two Hundred and Eighty-Three Million, One Hundred and Seventy-Four Thousand Naira) in a questionable and strange manner, and endorsement of the Order, attaching the account of the Garnishee with another garnishee and not the account of the Judgment Debtor who had the legal obligation to pay the supposed judgement sum.

They found that the subject Judge misconducted himself by entertaining Suit No HIK/41/2018 when there was no evidence of a judgement of the Kwara State High Court before him, neither was there a Certificate of Registration of same in Osun State to confer jurisdiction on him.

It further found the conduct of the subject Judge travelling to Lagos to visit the Counsel of the Bank in his Chambers on the issue of Garnishee Proceedings, unbecoming of the standard expected of a Judicial Officer.

Consequently, Council resolved to recommend him to Governor Ademola Adeleke of Osun State for compulsory retirement with immediate effect.

Meanwhile, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria, as amended, the National Judicial Council has suspended Hon. Justice S. O. Falola from office pending the approval of the recommendation of his compulsory retirement by the Osun State Governor.

Council considered the Reports of other Investigation Committees that had concluded their sittings, and dismissed the Petitions written against Hon. Justice Ekaete F. F. Obot, Chief Judge, Akwa Ibom State, Hon Justice Benson C. Anya of High Court Abia State, Hon. Justice Z. B. Abubakar of Federal High Court, Hon Justice Opufaa Ben-Whyte and Augusta Uche K. Chuku of the High Court of Rivers State, for being unmeritorious, or withdrawal of petition by the Petitioners.

However, Hon Justice A. I. Akobi of the High Court of the Federal Capital Territory is to be issued a letter of guidance to take proper charge and control of his Court.

The Plenary also considered the Report of its three Preliminary Complaints Assessment Committees on 51 fresh petitions written against Federal and State Judicial Officers and decided to constitute 11 Panels to investigate petitions that had merits and dismissed the remaining petitions for being subjudice, having been withdrawn, and the Subject Judges having retired from service.

Council also resolved to report A. A. Aribisala, SAN to Legal Practitioners’ Privileges Committee (LPPC) for investigation and disciplinary action, for the unpalatable and derogatory remarks he made against a Judicial Officer and by extension, the NJC in his petition to the Council.

Council considered and declined the request of Governor Ademola Adeleke of Osun State requesting its permission to swear in the next Most Senior Judge in the State in acting capacity, following allegations levelled against Hon. Justice Adepele Ojo, Chief Judge, Osun State and the resolution of the State House of Assembly to suspend him.

The Council affirmed that Hon. Justice Ojo is still the recognised Chief Judge of Osun State, and would not work on the resolution of a State House of Assembly, as it is the only body constitutionally empowered to investigate Judicial Officers and recommend same for any action to the Governor. Consequently, Osun State should revert to status quo.

It also received notification of retirements of seven Judicial Officers and notification of deaths of six serving Judicial Officers of Federal and State Courts.

Soji Oye, Esq.
Director, Information

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