AJUMOGOBIA ACCUSES OLANIPEKUN’S LAW FIRM OF MISCONDUCT; FIRM APOLOGIZES, DISOWNS PARTNER

Former Minister for Energy and Petroleum ministries, Mr. Odein Ajumogobia has accused the law firm of Wole Olanipekun & Co of professional misconduct in the $130 Million Rivers State Government vs Saipem SPA, Saipem Contracting Nigeria Limited and Ors case.

In an email dated June 23, 2022 and obtained by CITY LAWYER, the senior lawyer stated that he was “shocked and appalled” at the contents of a letter written by one Adekumbi Ogunde, a Partner in the law firm of Wole Olanipekun & Co to his firm’s clients, Saipem SA and Saipem Nigeria Limited.

In the email addressed to the Body of Benchers Chairman, Ajumogobia wrote: “I must also express my extreme disappointment and utter disillusionment, that a letter of this nature should emanate from your chambers, given your stature at the bar generally and as the current Chairman of the body of benchers, in particular.

“My sentiments about the unfortunate but unmistakable allusion to ‘influence’ with “Justices of the Supreme Court, Presiding Justices of the Court of Appeal and Chief Judges” with whom you happen to serve on certain bodies in the legal profession, with regard to a matter before a Court, is better left unsaid.

“Suffice it to say that the attached letter is in my opinion tantamount to gross misconduct of the worst kind.

“For the record, our mandatory Rules of Professional Conduct expressly prohibit self-advertising and solicitation by Nigerian legal practitioners!

“Rule 39 expressly provides that “A lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which …..makes comparison with or criticizes other lawyers …..or includes any statement about the quality of the lawyer’s work, the size or success of his practice or his success rate.

“The email from your firm could not be more egregious in its breach of this essential mandatory rule, especially in its acknowledgment that the defendant companies had already retained counsel. That I and my firm of Ajumogobia & Okeke were retained in the matter, was a matter of public record and was personally known to you and your firm, since you had asked me about the matter during our Unilag Law Faculty Alumni dinner at Harbour point in February.

“The attached email from your firm also contains false and misleading statements with several defamatory imputations of and concerning myself and my firm.

“In the circumstances we demand within 7 days of the date of this letter, a written apology to the firm of Ajumogobia & Okeke from Wole Olanipekun & Co, for this most deplorable conduct of Adekumbi Ogunde and your firm.

“In addition we demand that Wole Olanipekun & Co sends a letter to Saipem the top management to retract your said letter….”

He warned that the retraction and a copy of the apology to his firm “must be copied to the top management of Saipem SA and the same recipients as the original email,” adding that “I trust that your firm will comply with our demand forthwith.”

However, Olanipekun’s law firm has washed its hands off the controversial letter, vowing that it was written without its consent and authority.

In a prompt reply dated June 24, 2022 and titled “DISCLAIMER,” the leading law firm stated that “the writer of the letter under reference was on her own, and we do wholly dissociate ourselves from the letter and its contents.”

The law firm vowed that “internal measures would immediately be taken to address and redress this very unfortunate situation,” adding that “Our Principal, without being immodest, has never been known to indulge himself in the type of practice portrayed in the letter under reference. He is a very sober and humble person, and we believe learned Silk, H. Odein Ajumogobia, SAN, OFR can attest to this. He stands for the best in the profession, in terms of ethics, honour, integrity, discipline, character and carriage.”

The disclaimer was signed by Messrs James Adesulu and Quam Owolabi Bisiriyu, both Associate Counsel at Wole Olanipekun & Co and copied to Ajumogobia.

In the additional note to the former Petroleum Minister, the law firm said that “we apologize for this very unfortunate incident , which was unauthorized,” adding that the letter was “neither initiated, prompted, encouraged nor approved by our chambers.”

The disclaimer noted that Olanipekun “values and covets the very cordial professional and friendly relationship between both of you, a relationship that has stood the test of time for over three decades, where both of you have mutually and reciprocally shared and exchanged thoughts on some highly confidential issues and subjects.”

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‘LAGOS HIGH COURT IS TAKING ACTION ON MY FACE-OFF WITH TOP COP,’ SAYS ‘DETAINED’ CHIEF MAGISTRATE

  • NBA WADES INTO DEBACLE

The Lagos State Chief Magistrate who was reportedly arrested and incarcerated by a senior police officer has given a blow-by-blow account of her face-off with the top cop.

In a voice note obtained by CITY LAWYER, the judicial officer, Mrs. S. K. Matepo who is the Chief Magistrate at Court 1, Mushin debunked news reports that she was arrested and detained while on a routine oversight visit to a police cell in Mushin.

It is recalled that several news outlets (not CITY LAWYER) had yesterday reported that the Area Commander of Area D Police Command, Lagos, ACP Aliko Dankoli had last Monday ordered the arrest and detention of the Chief Magistrate who, in line with the provsions of the Adminsitration of criminal Justice Act, went to the command to see the interview detainees. The reports had alleged that ACP Dankoli was angry because the Chief Magistrate did not seek his permission before speaking with the suspects.

This led several lawyers including the Chief Joe-Kyari Gadzama SAN-led Nigerian Bar Association Security Agecnies Realtions Committee (NBA-SARC) to wade into the debacle, even as the Lagos State Police Command debunked the reports.

But in the voice note reviewed by CITY LAWYER, Chief Magistrate Matepo stated that while she had a heated argument with the top police officer, it did not degenerate to her arrest or detention. She also added that not only did she complete her assignment by interviewing the suspects, the senior police officer was reprimanded while a formal apology from him is pending.

The full transcript of the recording by CITY LAWYER is below:

“Good afternoon, my colleagues, Magistrates of Lagos State.

“Thank you everybody for the calls and love. This is Mrs. Matepo, the concerned magistrate, Chief Magistrate Court 1 Mushin.

“I just want everybody to know that, yes, something happened but not as bad as it was narrated. I went on the police visit to Mushin and the Area Commander insisted that I must take his approval or permission before I interrogate the suspects in the cell.

“I explained to him that, having seen his senior officers who led me to the cell, I don’t think I need to see him first. I might come back to him after interrogating the suspects – if need be.

But he kept on and insisted that it shouldn’t have gone that way. But I put it to him that that is the way I do my job – I need not visit him in his office. I stood my ground and insisted that I must complete my job and his officers might report to him after I might have finished, or if there is any need for me to see him, that is when I will see him, and that I’m not supposed to see him first.

“Though he (got) agitated and shouted; Anyway, I put it to him. And immediately the second day, I came to the High Court to report him to Mr. Fadeyi who called him and put him to order. He warned him and told him that he would make arrangement for him to apologize.

“So, that was the situation before all this news that went viral this morning (yesterday) about this situation. There was no arrest or detention. Mrs. Matepo is fine and everything is in order. I think the High Court is taking proper step on the issue. Thank you very much.”

STATEMENT BY THE CHAIRMAN, NIGERIAN BAR ASSOCIATION – SECURITY AGENCIES RELATIONS COMMITTEE (NBA-SARC), CHIEF JOE-KYARI GADZAMA OFR, MFR, SAN, ON THE UNLAWFUL ARREST AND DETENTION OF A MAGISTRATE BY THE AREA D POLICE HEADQUARTERS IN MUSHIN LAGOS STATE

1. It has come to the notice of the NBA-SARC via a series of online publications by media outlets, accessed today, Thursday, June 2, 2022, that a magistrate, whose name was withheld, had on Monday, May 30, 2022, during a routine check of suspects in cells at the Area D Police Headquarters, Mushin, Lagos State, been arrested and detained on the orders of the Area Commander, ACP Dankoli over the allegations that the Magistrate went to check suspects detained in the Command’s cell without his permission.

2. Indeed, it is preposterous to think that a Magistrate will be humiliated and even detained for carrying out one of the statutory responsibilities of her office as obligated by the Lagos State Judiciary and the Administration of Criminal Justice Law of Lagos State.

3. In line with the NBA-SARC’s mandate, our Committee is presently making urgent efforts at verifying the facts and circumstances surrounding the instant report especially as it relates to the arrest and detention of the magistrate in question. This is to inform further steps, actions and/or decisions made from the standpoint of knowledge and information.

4. In the interim, we call for calm from the legal community and further reassure that no stone will be left unturned in ensuring the justice of this instant case and that whoever is found wanting faces the music in the present investigative efforts by the NBA-SARC. We continue to condemn, unreservedly, all forms of unlawful arrest and detention and the instant case, if verified, is no different. We are making efforts to reach the said Magistrate, her aides and eyewitnesses, if any, to ascertain the extent, and/or nature of confrontation with the Police on that the said day.

5. We remain ever committed to the safety and welfare of all members of the Nigerian Bar Association and its me.

6. I remain yours in this lofty struggle.

Signed: Chief Joe-Kyari Gadzama, OFR, MFR SAN (Chairman, NBA–SARC)

RE: HOW AREA COMMANDER LOCKED UP LAGOS MAGISTRATE INSIDE CELL AT AREA D COMMAND

The Lagos State Police Command is aware of a June 02, 2022 news story by one Michael Akintola of PM Express titled ‘How Area Commander Locked Up Lagos Magistrate Inside Cell at Area D Command.’

The Command wishes to state clearly that the story is nothing but fiction. At no time did the Area Commander detain or attempt to detain the magistrate, who was at the Area Command for Cell Inspection exercise. The Police will never engage in such disrespect to the Judiciary.

The writer referring to a serving magistrate as ‘the innocent woman’ says a lot about his objectivity/bias and contrived efforts at sensationalism. Also, it is suspicious that the writer could not provide the name of the magistrate, who is a public officer. It is equally suspicious that the writer made no attempt to contact the judiciary to verify the purported detention.

The Lagos State Police Command did the needful and contacted the judiciary. The Lagos State Judiciary confirmed that there was no such thing and neither was the magistrate prevented from carrying out her Cell Inspection exercise. We hereby state it unequivocally that any attempt to cause disaffection between the Police and the Judiciary will be fiercely resisted. We remain worthy partners in the justice sector.

The Lagos State Police Command enjoins Lagosians to disregard the story as officers and men under the stewardship of CP Abiodun Alabi, fdc will continue to be professional and uphold the rule of law at all times.

SP BENJAMIN HUNDEYIN, anipr, mipra
Police Public Relations Officer,
Lagos State Command,
Ikeja-Lagos.

June 02, 2022.

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DETAINED LAWYER WRITES NBA, DEMANDS WRITTEN APOLOGY FROM POLICE CHIEF

Hapless senior lawyer who was detained by a senior police officer for ‘coming late to an appointment’ has demanded a written apology from the police chief.

CITY LAWYER had reported that under-fire Commissioner of Police in-charge of Force Intelligence Bureau (FIB) Annex, Lagos, Mr. Salisu Gyadi Gyadi had apologized to Odukale for his detention alongside his client.

But in a letter Odukale made available to CITY LAWYER addressed to Chief Joe-Kyari Gadzama SAN, Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Odukale stated that only a written apology will fully assuage his hurt.

While thanking the committee “for its timely intervention and solid support over this unfortunate incident within hours of receiving the complaint,” Odukale noted that “The Commissioner of Police, Mr. Salisu GyadiGyadi has personally reached out and apologized to me. I accept this gesture in this spirit of peace and reconciliation.”

In the letter dated March 16, 2022 and titled “RE: MY ILLEGAL DETENTION,” Odukale warned that “to avert a recurrence and for the protection of lawyers, I would also like a written apology from the Commissioner of Police to me, my client and all lawyers and the Association. Injury to one is injury to all.”

CITY LAWYER recalls that Odukale was detained on the orders of Gyadi for allegedly coming late to a scheduled meeting to resolve a charge of “threat to life” arising from a matrimonial dispute.

The 57-year-old senior lawyer, who was admitted to the Bar 31 years ago, stated that following former DIG Taiwo Lakanu’s intervention, Gyadi had called him severally to apologize for the debacle, saying that he was “surprised and worried when I heard about your detention by my officers.”

The police chief stated that he came to grip with the full picture of the matter during a “marathon party interview,” adding that “our main aim is to see that the parties settled.” He expressed a desire to meet with the senior lawyer “one on one” to “dialogue” with him and personally apologize over the debacle.

Odukale had thanked CITY LAWYER for putting a spotlight on his plight, saying that many lawyers and non-lawyers had called to sympathize with him. “I am happy that as a result of the report, NBA finally rose to the occasion,” said Odukale.

Odukale had told CITY LAWYER that his ordeal started when he accompanied his client to a meeting with Gyadi, adding that immediately the duo entered the meeting room, Gyadi said he would “personally sign” their detention order for coming late to the meeting.

He said that the matter revolved around a domestic violence complaint incidented by his client at the Domestic and Sexual Violence Response Team (DSVRT), adding that the team referred the matter to the Adeniji Adele Police Station. He stated that a police team from the station visited the suspect, and that the suspect turned around to levy a charge that he and his client brought “thugs” to threaten him. Odukale added that “threat to life” is not an offence known to Nigeria’s jurisprudence.

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DETENTION: POLICE CHIEF BEGS LAWYER, GADZAMA C’TE INTERVENES

Under-fire Commissioner of Police in-charge of Force Intelligence Bureau (FIB) Annex, Lagos, Mr. Salisu Gyadi Gyadi has apologized to senior lawyer, Mr. Ayodeji Odukale for his detention alongside his client.

CITY LAWYER had yesterday reported that Odukale was detained on the orders of Gyadi for allegedly coming late to a scheduled meeting to resolve a charge of “threat to life” arising from a matrimonial dispute.

Following the CITY LAWYER report, the Chief Joe-Kyari Gadzama SAN-led Nigerian Bar Association (NBA) Security Agencies Relations Committee (NBA-SARC) has waded into the matter.

Odukale told CITY LAWYER that Gadzama had telephoned him and asked him to write formally to the committee stating his grievances and demands, adding that the NBA-SARC also dispatched respected former Deputy Inspector General of Police Taiwo Lakanu to investigate the matter.

The senior lawyer, who was admitted to the Bar 31 years ago, stated that following Lakanu’s intervention, Gyadi had called him severally to apologize for the debacle, saying that he was “surprised and worried when I heard about your detention by my officers.”

The police chief stated that he came to grip with the full picture of the matter during a “marathon party interview,” adding that “our main aim is to see that the parties settled.” He expressed a desire to meet with the senior lawyer “one on one” to “dialogue” with him and personally apologize over the debacle.

Odukale thanked CITY LAWYER for putting a spotlight on his plight, saying that many lawyers and non-lawyers had called to sympathize with him. “I am happy that as a result of the report, NBA finally rose to the occasion,” said Odukale.

He stated that while he had acknowledged Gyadi’s remorseful posture, he was in the process of writing formally to NBA “to ensure that the apology is formalized and secure assurances that no lawyer or citizen for that matter will suffer the same fate that befell me and my client.”

Odukale had told CITY LAWYER that his ordeal started when he accompanied his client to a meeting with Gyadi, adding that immediately the duo entered the meeting room, Gyadi said he would “personally sign” their detention order for coming late to the meeting.

In a post he made on a lawyers’ platform, the senior lawyer said: “Good evening colleagues, I want to bring an unfortunate incident to our attention especially as there is a meeting tomorrow (today). I went for a meeting with a victim of domestic violence to meet with the commissioner of Police Force Intelligence Bureau, Kam Salem building, Obalende on Wednesday. The commissioner said we came late for the meeting and ordered that we be detained at Alagbon. Because you normally drop your phone before entering, l left my phone in the car. As a result, I could not communicate with the outside world. Somehow, I managed to get information across to my wife who tweeted NBA Lagos and NBA National. Unfortunately, to the best of my knowledge, till today there has been no response from the NBA. It seems the NBA cares little about members in distress and this arbitrary use of power. What if we had a medical situation warranting administration of medicine every hour? So NBA would now rush and come and pay condolence visit?”

He said that the matter revolved around a domestic violence complaint incidented by his client at the Domestic and Sexual Violence Response Team (DSVRT), adding that the team referred the matter to the Adeniji Adele Police Station. He stated that a police team from the station visited the suspect, and that the suspect turned around to levy a charge that he and his client brought “thugs” to threaten him. Odukale added that “threat to life” is not an offence known to Nigeria’s jurisprudence.

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