LPDC

LPDC: ‘MURIC PETITION FRIVOLOUS, VEXATIOUS,’ SAYS MALCOLM OMIRHOBO

Fiery human rights activist, Chief Malcolm Omirhobo has described as “frivolous and vexatious” the petition brought against him by the Muslim Rights Concern (MURIC).

MURIC had written a complaint to the Legal Practitioners Disciplinary Committee (LPDC) against Omirhobo “for conducting himself in a manner which is unbecoming for a legal practitioner which has caused a serious disrepute and mockery to the legal profession particularly on social media.”

Noting that the Supreme Court of Nigeria had on June 17, 2022 in a split judgement held that female Muslim students have the right to wear hijab in public schools, MURIC stated that “In protest to this judgment, Malcolm Emokiniovo Omirhobo Esq who is a legal practitioner appeared before the Supreme Court of Nigeria a week after the judgment wearing wig and gown but barefooted, with a red cloth tied around his waist, fetish necklace, and his right eye encircled with white powder, to the extent his embarrassing conduct had to force the Supreme Court to go on recess as reported by different sections of media.”

Signed by Mohammed Mansur Aliyu, MURIC noted that “the conduct of Malcolm Emokiniovo Omirhobo Esq has caused serious embarrassment and disrepute to the legal profession considering the derogatory comments and aspersions made on the apex court justices particularly on social media. His conducts amounted to ‘infamous conduct ‘under the Rules of Professional Conduct.”

But in a verified post sighted by CITY LAWYER, Omirhobo lampooned MURIC for the complaint, saying: “I have just received a frivolous and vexatious originating application in respect of the allegation of misconduct against me for dressing as prescribed by my religion in exercise of my fundamental right to freedom of thought, conscience and religion by Muslim Rights Concern (Muric) from the Body of Benchers, Legal Practitioners Disciplinary Committee. I am to file my defence within 24 days.”

The LPDC had directed the human rights activist to respond to the complaint. In a letter by its Secretary, Mr. Daniel M. Tela, the committee wrote: “RE: BB/LPDC/896/2022 MUSLIM RIGHTS CONCERN (MURIC) V. MALCOLM EMOKINIOVO OMIRHOBO, ESQ

“The above subject matter refers, please.

“Please find enclosed a copy of Originating Application against you. By virtue of Rule 10 of the Legal Practitioners Disciplinary Committee Rules, 2020, you are to submit an affidavit disclosing a defence to the Originating Application on the merit together with all other affidavits and documents that you intend to rely on within 24 days from the date of your receipt of this letter. (Please find enclosed a copy of the Legal Practitioners Disciplinary Committee Rules, 2020).

“TAKE NOTE that you shall state your full name, Supreme Court Enrolment number, your contact address, email, phone number(s) in your response.”

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SENIOR ADVOCATE AT ETI OSA LAWYERS’ FORUM, CITES RISING MISCONDUCT CASES AT LPDC

The Chairman of Nigerian Bar Association (NBA) Lagos Task Force on Illegal Practice of Law, Mr. Lotanna Okoli SAN has decried rising cases of professional misconduct among lawyers.

In a paper titled “LEGAL PRACTICE IN AN AILING ECONOMY: BETWEEN PERSONAL SURVIVAL AND PROFESSIONAL INTEGRITY, DO WE HAVE A CHOICE?” Okoli noted that many lawyers have hinged these malpractices on the need to “survive.” He spoke at the monthly General Meeting of Eti Osa Lawyers Forum chaired by Mr. MMA Sanni.

In his words, “Cases involving dishonest and sham lawyers are now rampant before the Legal practitioners Disciplinary Committee (LPDC) and laymen are already questioning the integrity of the once revered and prestigious noble profession.”

He observed that “Very often, a friend or a colleague will ask a lawyer to use his official stamp and/or seal to certify a document to appear as though it was prepared by a lawyer. And some lawyers paying no heed to important provisions like Rule 3 of the RPC, which provides for aiding a non-lawyer in the unauthorized practice of the law, will end up ‘doing favours’ and ‘earning easy cash’ forgetting that it is expected of them to uphold and maintain a high standard of professional conduct. A seemingly harmless gesture can have grave repercussions if made inappropriately.”

Continuing, he said: “Some lawyers have now turned the legal practice into a marketplace where they engage and liaise with non-lawyers to provide them with clients in return for a fee. They do this in flagrant disregard to Rule 5(1) of the RPC, which provides that a lawyer shall not form a partnership with a non-lawyer. These set of legal practitioners are ready to accept peanuts as remuneration. In their opinion, ‘It’s my practice and my integrity.’”

Okoli noted that “As essential agents of the justice system, we not only owe an ethical duty towards the court but are also required and expected to conduct our legal practice within the bounds of the law even if the heavens fall (Fīat jūstitia ruat cælum). So, in answering the question, between personal survival and professional integrity, Do we have a choice? I’d say we have just one choice which is to act with chivalry, honour and integrity.”

He observed that Part A of the RPC provides for “Practice as a legal practitioner,” adding that under the provision, “A Lawyer shall uphold and observe the rule of law, promote and Foster the cause of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner.”

He however noted that “quite unfortunately, experience has proven that this is not always the case as some lawyers do not maintain integrity in the course of their practice. Money, greed, pressure and power have driven some legal practitioners into undermining their practice. They engage in actions that are unbecoming of a legal practitioner and typically adverse to what the legal profession stands for. Nowadays, legal practice is plagued with legal practitioners who engage in sham practices, violate ethical provisions and cut corners just to “survive” amongst other things. They blame it on the poor economy and use catchphrases like ‘No be me spoil Nigeria’, ‘If I don’t do it, another lawyer will.’ With this mindset, they keep conducting their practice in ways that derogate from their integrity, the legal profession and general good conduct. On its own part, the Law has put measures in place to curb these shady activities. However, rather than get deterred, they find other means to practice their dishonesty.”

He stated that “it is important for lawyers to bear in mind that they are first and foremost officers of the Court, subject to the duty of upholding justice without regards to their personal interests. Lawyers must be independent and speak truth to power, without fear or favour whilst engaging in their practice. The stereotypes of lawyers being untrustworthy and deceitful beings must be repaired and this repair will be done by no other than ourselves, in our daily practice, in the amount we charge as legal fees, in our dealings with clients, in our responsibility to uphold the standard of the profession.

“As essential agents of the justice system, we not only owe an ethical duty towards the court but are also required and expected to conduct our legal practice within the bounds of the law even if the heavens fall. (Fīat jūstitia ruat cælum) So, in answering the question, between personal survival and professional integrity, Do we have a choice? I’d say we have just one choice which is to act with chivalry, honour and integrity.”

The Knowledge Sharing Session witnessed animated Question & Answer interventions among others.

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‘NBA CAN’T REMOVE OLANIPEKUN AS BENCHERS’ CHAIR,’ SAYS OJO

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee has stated that the NBA has no power to remove any member of the Body of Benchers (BoB) including its embattled Chairman, Chief Wole Olanipekun SAN.

In a statement made available to CITY LAWYER, the fiery Bar Leader said that “The NBA has no power to remove any member of the Body of Benchers (including those nominated by the NBA) under any guise,” adding that “The manipulators of the NBA cannot stoke rebellion within or decimate the Body of Benchers by attacking its Chairman.”

CITY LAWYER recalls that NBA President, Mr. Olumide Akpata had in a letter to the Olanipekun, asked him to recuse himself from the seat pending investigation of a Partner in his law firm over alleged professional misconduct.

Ojo stated the Legal Practitioners Disciplinary Committee “has been existing under the Body of Benchers from time immemorial,” adding that its procedure “is not the true reason for the current truancy.”

Taking a swipe at the “Nigerian Bar Association (NBA) cubicle politicians” for “plan to hijack and destroy the legal profession in Nigeria,” Ojo alleged that NBA Treasurer Mercy Agada “exposed their plan to stoke rebellion among Body of BENCHER (sic)” and to employ the NBA in “scattering the table.”

According to Ojo, Agada referred to “we” several times and threatened that “NBA AGC will witness daily protest.” CITY LAWYER recalls that Agada had debunked the allegation.

Said Ojo: “It is very unfortunate that the hirelings are blinded by their inordinate greed. Destruction is in their DNA hence nothing is sacred to them. They are bent on further desecrating the Legal Profession in Nigeria more than they have done already. The conversion of the NBA to their platform to wage war against leaders of the Bar in Nigeria is most unfortunate and conclusive proof that the NBA is being used by the destructive clique as a front to further their mission to decimate the Bar in Nigeria. The veil is already removed and the face of NBA political masquerades and their supporters are being further exposed.”

The full text of the statement is below.

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EGBE AMOFIN BACKS OLANIPEKUN, WARNS OF ‘ETHNIC AGENDA’

The umbrella union of Yoruba lawyers, Egbe Amofin O’odua has thrown its weight behind embattled Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun SAN.

In a statement made available to CITY LAWYER and signed by the Chairman of its Governing Council, Mr. Isiaka Abiola Olagunju SAN, Egbe Amofin, otherwise called the Yoruba Lawyers Forum, described as “unwarranted” the call for Olanipekun to recuse himself from the seat over alleged professional misconduct by Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co.

Describing itself as “the foremost body of Yoruba lawyers association in the country,” Egbe Amofin stated that there is “the apparent underlining witch hunt and delibrate (sic) attempt to smear the name of Chief Wole Olanipekun, SAN by subjecting him to a calculated public opinion trial.”

The association recalled “that the agitation to subvert the established and settled procedure for the elevation to the Chairman of the Body of Benchers which favoured Chief Wole Olanipekun, SAN was attempted by some senior lawyers.”

Continuing, Egbe Amofin stated that “but for the principled, objective and pure professional stand taken by some prominent Lawyers and respected Justices on this issue, we would have been tempted to believe that the initial opposition to Chief Wole Olanipekun, SAN becoming the Chairman of the Body of Benchers and this unjustified call for him to step down as the Chairman of the Body of Benchers is an ethnic agenda.”

It wondered why there is a clamour for Olanipekun to step aside “for the alleged misconduct of another in the face of the provisions of Sections 2 (1) and 24 of the Legal Practitioners Act which had been interpreted to draw a distinction between a law firm and the individual Legal Practitioner making up the law firm?”

The association stated that though the Legal Practitioners’ Disciplinary Committee is a committee of the Body of Benchers, “it is however an independent standing Committee whose Chairman and members had been appointed before Chief Wole Olanipekun, SAN became the Chairman of the Body of Benchers,” adding that its decision or direction “is not in anyway subject to the control or influence of the Body of Benchers. Appeal against the decision or direction of Legal Practitioners’ Disciplinary Committee goes to the Supreme Court and not the Body of Benchers.”

Stating that the matter “is now subjudice and should not be subjected to further public commentary,” the resurgent regional bloc warned that “The Legal Practitioners Disciplinary Committee should be allowed to do its job.”

Egbe Amofin urged stakeholders to desist from media trial, adding that “Those trying to pull down Chief Wole Olanipekun, SAN should realize that in reality, they are casting serious aspersions on the Legal Practitioners’ Disciplinary Committee by sending a wrong signal that the Committee cannot be trusted to take fair, independent and honest decisions or directions on disciplinary matters that come before it. This is no doubt a vote of no confidence on the membership of the committee.”

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling from his client, SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner.

Below is the full text of the statement.

THE MEDIA TRIAL OF CHIEF WOLE OLANIPEKUN SAN AND MS. ADEKUNBI OGUNDE: DESECRATION OF SACRED CARDINAL RULES OF JUSTICE AND FAIR HEARING.

The attention of the Governing Council of Egbe Amofin O’odua: (The Yoruba Lawyers’ Forum) has been drawn to the calls on Chief Wole Olanipekun, SAN to recuse himself as the Chairman of Body of Benchers by some commentators and groups in the Legal profession.

As the foremost body of Yoruba Lawyers association in the country, we have refrained from talking to the press or making any official statement on the unwarranted call by some members of our common platform, Nigerian Bar Association, on Chief Wole Olanipekun, SAN to step down as Chairman of Body of Benchers for the alleged infraction of our Rules of Professional Conduct by a Partner in his Law Firm. This is even with the apparent underlining witch hunt and delibrate attempt to smear the name of Chief Wole Olanipekun, SAN by subjecting him to a calculated public opinion trial.

Sadly, we recall that the agitation to subvert the established and settled procedure for the elevation to the Chairman of the Body of Benchers which favoured Chief Wole Olanipekun, SAN was attempted by some senior lawyers, but for the principled, objective and pure professional stand taken by some prominent Lawyers and respected Justices on this issue, we would have been tempted to believe that the initial opposition to Chief Wole Olanipekun, SAN becoming the Chairman of the Body of Benchers and this unjustified call for him to step down as the Chairman of the Body of Benchers is an ethnic agenda.

The pertinent question here is what is the basis of punishing Chief Wole Olanipekun, SAN by asking him to step down as the Chairman of Body of Benchers for the alleged misconduct of another in the face of the provisions of Sections 2 (1) and 24 of the Legal Practitioners Act which had been interpreted to draw a distinction between a law firm and the individual Legal Practitioner making up the law firm? Though, the Legal Practitioners’ Disciplinary Committee is in law, a Committee of the Body of Benchers, it is however an independent standing Committee whose Chairman and members had been appointed before Chief Wole Olanipekun, SAN became the Chairman of the Body of Benchers.

Further to the above, whatever decision or direction taken by the Legal Practitioner’s Disciplinary Committee is not in anyway subject to the control or influence of the Body of Benchers. Appeal against the decision or direction of Legal Practitioners’ Disciplinary Committee goes to the Supreme Court and not the Body of Benchers. Most importantly, the petition having been filed before the LPDC, the matter is now subjudice and should not be subjected to further public commentary. The Legal Practitioners Disciplinary Committee should be allowed to do its job.

Those trying to pull down Chief Wole Olanipekun, SAN should realize that in reality, they are casting serious aspersions on the Legal Practitioners’ Disciplinary Committee by sending a wrong signal that the Committee cannot be trusted to take fair, independent and honest decisions or directions on disciplinary matters that come before it. This is no doubt a vote of no confidence on the membership of the committee.

In the circumstance, we humbly enjoin us all to desist from making further comments on this issue until its final determination by the LPDC.

As lawyers we must not allow trial by social media or newspapers’ or trial by television’ or ‘trial by any medium rather than the court of law.

Long Live NBA
Long Live Egbe Amofin Oodua.

Aare Isiaka Abiola Olagunju,SAN
Chairman, Governing Council, Egbe Amofin O’odua: ( The Yoruba Lawyers’ Forum)

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LPDC: ‘AKPATA IS FIGHTING PROXY WAR WITH OLANIPEKUN,’ SAYS OLASUPO OJO

Fiery senior lawyer, Mr. Olasupo Ojo has alleged that the demand by the Nigerian Bar Association (NBA) for the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside from the seat is a proxy war being waged by NBA President, Mr. Olumide Akpata.

In a statement made available to CITY LAWYER, Ojo, a former Secretary of the NBA Constitution Review Committee, also alleged that the demand for Olanipekun’s recusal is a “propaganda war” “being sponsored by a clique,” urging lawyers not to be hoodwinked by the alleged plot.

Noting that those gunning for Olanipekun to recuse himself “are opportunists stoking the matter beyond its scope and trying to use the NBA to drag the BOB Chair down with it at all cost,” Ojo urged “discerning” lawyers “not to join a facade wagon whose true destination is hidden.”

According to Ojo, “Those gunning for chairmanship of the BOB should come out openly and tell the truth about what transpired at a recent meeting of the BOB where the NBA President read out his memo on the proposed amendment to the LPA during which he spoke rudely to the BOB and he was roundly lambasted by members of the BOB. The next shot to be fired was to exploit the issue of the letter written by a lawyer in the office of the Chairman of the BOB to get at him in retaliation.”

He wondered what “hidden personal axe” those who are pushing the recusal demand have with Olanipekun, warning that “The NBA is not the only Association of Lawyers registered with the Corporate Affairs Commission in Nigeria hence the false impression should not be given that the NBA letter for recusal has the backing of all Association of Lawyers in Nigeria.”

CITY LAWYER had in an exclusive report cited a complaint by former Minister of Energy and Petroleum ministries, Mr. Odein Ajumogobia SAN over an email from Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, allegedly soliciting to take over a brief his law firm was handling for SAIPEM SPA. Following his demand for an apology, Wole Olanipekun & Co apologized for the debacle and disowned the Partner.

Below is the full text of the statement.

STILL ON THE NBA LETTER OF RECUSAL TO THE CHAIRMAN OF THE BODY OF BENCHERS.

I have this morning read the statement credited to a group called Justice Reform Project, (JRP), an NGO like the NBA, formed by some senior lawyers. I also had the benefit of reading the statement issued by Oluwemimo Ogunde SAN, a member of the JRP and father of the lawyer who wrote the letter in issue.

Based on the two statements, it is now obvious that this whole issue is being sponsored by a clique. They are opportunists stoking the matter beyond its scope and trying to use the NBA to drag the BOB Chair down with it at all cost.

I find it difficult that I should be choked because of a letter written by a lawyer in my firm without my authorisation and who has claimed responsibility for same.

Those gunning for chairmanship of the BOB should come out openly and tell the truth about what transpired at a recent meeting of the BOB where the NBA President read out his memo on the proposed amendment to the LPA during which he spoke rudely to the BOB and he was roundly lambasted by members of the BOB. The next shot to be fired was to exploit the issue of the letter written by a lawyer in the office of the Chairman of the BOB to get at him in retaliation.

I am just looking and laughing at those screaming their heads off in support of the recusal letter. You are all victims of social media trial. They are using you all as mobs to shout-out their cause in the market place. I advise you to be circumspect and not continue to fall prey to the antics of an exploitative clique.

Why are they using the NBA to cry more than the bereaved who has already filed his process with the LPDC on the same matter?

Why are they throwing stones as if they are saints?

Is the Chairmanship of the BOB an issue in the substantive matter?

Why is the NBA now being used as their platform to launch a propaganda war against the person of the BOB chair who is a former NBA President?

What is the hidden personal axe they have to grind with him as the BOB chair?

Why did they wait until now to seize on the issue of a letter wrongly written by a lawyer in his law firm without his knowledge or authorisation as admitted by the same lawyer who wrote the letter?

How many of us have been crucified just because a lawyer in our firm wrote an unauthorised letter and is this the first or last time such will happen in our law firms?

Can you hold the principal partner of a law firm vicariously liable for an unauthorised letter written by a lawyer in the firm under the Rules of Professional Conduct?

Why are they unable to cite just a rule of the RPC that has been breached by the BOB chair?

I URGE ALL MATURE AND DISCERNING LAWYERS NOT TO JOIN A FACADE WAGON WHOSE TRUE DESTINATION IS HIDDEN.

WHY CANT THEY WAIT FOR THE ALREADY IGNITED LPDC DUE PROCESS TO BE FOLLOWED TO LOGICAL CONCLUSION AT THE SUPREME COURT?

SINCE THERE IS NOW A DIVISION, WHO IS THEIR CANDIDATE FOR THE POSITION OF THE BOB CHAIR AND WHY CAN’T THEIR CANDIDATE AWAIT HIS OWN TIME?

AT OUR LEVEL OF KNOWLEDGE, WE SHOULD NOT BE AMONG THE MOBS.

The NBA is not the only Association of Lawyers registered with the Corporate Affairs Commission in Nigeria hence the false impression should not be given that the NBA letter for recusal has the backing of all Association of Lawyers in Nigeria.

THANKS.

OLASUPO OJO ESQ.
July 30, 2022.

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OLANIPEKUN: OKUTEPA CRIES OUT OVER CRITICISM BY SENIOR LAWYERS

Fiery senior lawyer and former Legal Practitioners Disciplinary Committee (LPDC) prosecutor, Mr. Jibrin Okutepa SAN has distanced himself from a statement by the Justice Reform Project (JRP) asking Chief Wole Olanipekun SAN to quit his office as Chairman of the Body of Benchers (BoB).

In a statement made available to CITY LAWYER, the outspoken Bar Leader said he “left JRP long ago when I perceived the way things were being done without consultations.”

Leading senior lawyer and Chairman of JRP Governing Board, Mrs. Funke Adekoya SAN had told CITY LAWYER yesterday that both Okutepa and former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore left the group “on issues of personal principle.”

He also berated “eminent members of the Bar” for chastising him over the recusal saga, adding that he never called Olanipekun a “superior member of the Bar.”

CITY LAWYER had in an exclusive report cited a 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 SAIPEM 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.

The NBA has filed a petition at the LPDC where it not only demanded sanctions against Ms. 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.

Below is a full text of the statement.

My attention has been drawn to an unsigned statement said to have been issued by Justice Reform Projects, JRP in which my name was mentioned.

While I have no quarrel with whatever informed the reasons for the statement, I want to say categorically that I am no more a member of JRP. I left JRP long ago when I perceived the way things were being done without consultations. Prof Ojukwu SAN and many members of JRP can testify to this. Those who issued the statement should have been kind enough to have indicated that I have long withdrawn my membership of JRP.

My name is being used by different persons for different reasons on this alleged issue of professional misconduct. Many have attributed to me on social media what I did not say. For instance I did not describe Chief Olanipekun SAN as Suprior member of the Bar and couldn’t have said so yet eminent members of the Bar have gone to the media to pour venoms on me for what I did not say.

I will not support or shield any member of the legal profession who breaches or who is alleged to have breached our rules of professional Conduct in the legal profession, no matter his or her status in the legal profession, but nobody should use my name in any statement I did not authorize or attributes to me what I did not say, no matter how noble the intention may be.

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LPDC PROBE: OGUNDE QUITS JRP OVER STANCE, BACKS DAUGHTER, OLANIPEKUN

The father of Ms. Adekunbi Ogunde, the senior lawyer in the middle of the clamour for the Body of Benchers Chairman, Chief Wole Olanipekun SAN to recuse himself from the seat, has finally broken his silence, throwing his weight behind his embattled daughter and Olanipekun.

In a statement obtained by CITY LAWYER, Mr. Wemimo Ogunde SAN dissociated himself from a statement by the influential Justice Reform Project (JRP) calling on Olanipekun to quit, saying that he was not consulted before release of the statement.

Responding to an online publication (not CITY LAWYER) where he was said to have endorsed the JRP statement, the senior lawyer stated that “I want to state categorically that I do not wish to be associated with that statement. At no time did I participate in any meeting or discussion where the content of the statement was tabled or my consent sought or obtained.”

Ogunde hinted that he has quit the justice sector reform body as “my membership of JRP has now become untenable,” adding that “Many members of the JRP already know my difficult situation in this matter. For that reason I expected that i should have been consulted so that I would have had the opportunity to have dissociated myself from it internally, and the statement could then have been framed in a way to make my stance very clear, rather than putting me in this clearly embarrassing and awkward situation.”

He exonerated Olanipekun and other partners in the law firm from the solicitation debacle, saying: “However, one thing that is clear is that the innocence of the other partners has been clearly expressed. Whether they are vicariously liable for the acts of Ms Adekunbi Ogunde is one of the questions already submitted before the LPDC. Until then, the presumption of innocence of everyone involved, a constitutional right, ought to be respected.”

Ogunde stated that “My focus as a father at this time, is to assist my daughter prepare her defence,” adding that while the Nigerian Bar Association (NBA) has filed a complaint against his daughter, “I think as lawyers, the sanctity and independence of that body (Legal Practitioners Disciplinary Committee) should be respected.”

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.

The NBA has filed a petition at the LPDC where it not only demanded sanctions against Ms. 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.

The association followed this up with a letter personally signed by Akpata which 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.”

The full text of the statement is below.

THE CALL FOR THE RESIGNATION OF CHIEF WOLE OLANIPEKUN SAN AS CHAIRMAN OF THE BODY OF BENCHERS: MY POSITION AS A MEMBER OF THE JUSTICE REFORM PROJECT

Today, 29th July, 2022, my attention was drawn to a publication by BarristerNG, an online law newspaper that 20 Senior Advocates of Nigeria (including me) who are members of the JRP have called for the resignation of Chief Olanipekun SAN on account of the email written by my daughter.

I want to state categorically that I do not wish to be associated with that statement. At no time did I participate in any meeting or discussion where the content of the statement was tabled or my consent sought or obtained.

The NBA has filed a complaint against my daughter before the LPDC and I think as lawyers, the sanctity and independence of that body should be respected. It must be noted that no complaint was filed against any other partner and Mr Odein Ajumogobia SAN has neither filed any complaint nor deposed to any statement in support of the NBA’s complaint. My focus as a father at this time, is to assist my daughter prepare her defence. However, one thing that is clear is that the innocence of the other partners has been clearly expressed. Whether they are vicariously liable for the acts of Ms Adekunbi Ogunde is one of the questions already submitted before the LPDC. Until then, the presumption of innocence of everyone involved, a constitutional right, ought to be respected.

In the circumstances, my membership of JRP has now become untenable. I believe and support my daughter’s solemn declaration expressed privately and publicly, that the email was written unilaterally, without the knowledge of any other partner in Wole Olanipekun & Co. Those who have a contrary view are also entitled to their opinion, but in the interest of justice, we all have to await the verdict of the LPDC.

Many members of the JRP already know my difficult situation in this matter. For that reason I expected that i should have been consulted so that I would have had the opportunity to have dissociated myself from it internally, and the statement could then have been framed in a way to make my stance very clear, rather than putting me in this clearly embarrassing and awkward situation.

I am grateful to all those who have contacted me privately, particularly those who also know Adekunbi very well. May the Almighty God bless you and yours always.

OLUWEMIMO OGUNDE SAN

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LPDC PROBE: EASTERN BAR FORUM ASKS OLANIPEKUN TO STEP ASIDE

The Eastern Bar Forum has asked the Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside “to save that august institution and the legal profession further embarrassment and opprobrium.”

In a statement signed by the Chairman of the EBF Governing Council, Chief Uba Anene, the forum alleged that Olanipekun has “grave integrity issues hanging over his head.”

According to the influential forum, “The EBF also calls on the Chairman of the Body of Benchers to save that august institution and the legal profession further embarrassment and opprobrium by stepping aside while issues pertaining to his integrity and that of his eponymous office is being dealt with. There can be no better way to lead by example.”

It also urged the Chief Judge of Akwa Ibom State to reverse the imprisonment of fiery human rights lawyer, Mr. Inibehe Effiong.

The full statement reads:

IN THE MATTERS OF INIBEHE EFFIONG AND CHIEF WOLE OLANIPEKUN, SAN

It is not the best of times for the legal profession in Nigeria.

Yesterday, at a hastily relocated venue due to the pervading state of insecurity in Nigeria, 1507 candidates were admitted to the noble profession at a ceremony presided over by a Chairman of the Body of Benchers with grave integrity issues hanging over his head.

Yesterday also, east of the Niger, a learned presiding Chief Judge wielded the ultimate judicial hammer and clamped a learned colleague Inibehe Effiong into prison for daring to raise procedural issues in a politically sensitive case involving the Akwa Ibom State governor, in which her impartiality had been called to question by way of a properly filed and served application for recusal/transfer.

These incidents leave a sour taste in the mouth.

The EBF calls on the Honourable Chief Judge of Akwa Ibom State to take another look at the matter, rescind her committal order immediately and transfer the pending case to another court so that justice may not only be done but also be seen to have been done.

The EBF also calls on the Chairman of the Body of Benchers to save that august institution and the legal profession further embarrassment and opprobrium by stepping aside while issues pertaining to his integrity and that of his eponymous office is being dealt with. There can be no better way to lead by example.

Chief Uba Anene
Chairman, EBF Governing Council.

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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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NBA ASKS OLANIPEKUN TO ‘STEP ASIDE’ AS BENCHERS CHAIR OVER LPDC PROBE

The Nigerian Bar Association (NBA) has asked its former President and current Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside from the office following a petition to the Legal Practitioners Disciplinary Committee (LPDC) demanding sanctions against him and partners in his law firm over alleged professional misconduct.

The Legal Practitioners Disciplinary Committee is an organ set up by the Body of Benchers to discipline legal practitioners.

In a statement personally signed by NBA President, Mr. Olumide Akpata, the association 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.”

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.

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

“Ms. Ogunde, the subject of the Petition, as it turns out, is a Partner at the Law Firm of Wole Olanipekun & Co. where you are a Founding Partner and remain involved in the day-to-day running of the Firm. This dynamic creates an undeniable shared and intertwined professional relationship between your goodself and the said Ms. Ogunde. Indeed, in the said Petition, we have also asked the LPDC 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.

“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.

“Against the backdrop of your partnership relationship with Ms. Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession. By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.”

Quoting Lord Denning, Akpata noted that justice must be rooted in confidence and that confidence is destroyed when right-minded people go away thinking that the Judge is biased, adding: “Consequent upon the above, I am constrained to invite you 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.

“As a beacon of Rule of Law and due process, the NBA must continue to demonstrate that it is committed to the vision of its founding fathers, especially in its internal affairs. This situation, therefore, puts our foundational ethos as an Association on the line, and I trust that as a former President of the NBA and a very respected senior member of the Bar, you will take the honourable path of stepping-aside in the interest of justice, fairness, and posterity.

“I am pained that I have to make this call, but in the circumstance, it is in the best interest of our Association and of the legal profession in Nigeria.”

It was unclear at press time whether Olanipekun has received the letter from NBA.

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EXCLUSIVE: NBA ASKS LPDC TO SANCTION OLANIPEKUN, PARTNERS OVER AJUMOGOBIA’S MISCONDUCT CLAIMS

The Nigerian Bar Association (NBA) has urged the Legal Practitioners Disciplinary Committee (LPDC) to sanction the Chairman of the Body of Benchers, Chief Wole Olanipekun, SAN and other partners in his leading law firm for professional misconduct, CITY LAWYER can authoritatively report.

In a petition, THE INCORPORATED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION AND ADEKUNBI OGUNDE, ESQ. filed yesterday at the LPDC, NBA urged the LPDC 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.”

The association also dragged a Partner in the law firm, Ms. Adekunbi Ogunde to the committee over the controversial email she allegedly wrote to an international oil company seeking a brief.

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 Ogunde and demanded an apology from the law firm. The firm apologized for the debacle and disowned the Partner.

In the petition obtained by CITY LAWYER and numbered as BB/LPDC/901/2022, NBA 1ST Vice President, Mr. John Aikpokpo-Martins stated that he was applying “on behalf of the Applicant that ADEKUNBI OGUNDE of WOLE OLANIPEKUN & CO of God’s Grace House, 5, Maple Close, Osborne Foreshore Estate Phase 11, Ikoyi, Lagos be required to answer to the allegations contained in the Statement/Affidavit which accompanies this Application and that such Order be made as the Committee shall think right.”

Filed on behalf of the Incorporated Trustees of the Nigerian Bar Association and dated July 19, 2022, the petition was titled “PETITION AGAINST ADEKUNBI OGUNDE, ESQ., A NIGERIAN LAWYER DULY CALLED TO THE NIGERIAN BAR WITH HER NAME ON THE ROLL OF LAWYERS KEPT IN THE SUPREME COURT FOR THE VIOLATION OF THE EXTANT RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS (RULE 1 OF THE RPC) BY SOLICITING FOR BRIEFS AND PEDDLING THE INFLUENCE OF THE PRINCIPAL PARTNER OF HER LAW FIRM CHIEF WOLE OLANIPEKUN, SAN AS HAVING THE ABILITY TO EXTRA-LEGALLY INFLUENCE DECISIONS OF COURTS IN NIGERIA BEING THE CHAIRMAN OF THE VERY DISTINGUISHED BODY OF BENCHERS THEREBY PUTTING THE ENTIRE LEGAL PROFESSION TO NATIONAL AND INTERNATIONAL PUBLIC RIDICULE AND ODIUM.”

In the Statement of Facts accompanying the application, NBA noted that Ogunde is “expected to exhibit and maintain a very high standard of conduct, professionalism, respect for the integrity of court and the judicial process when discharging her professional duties and responsibilities to clients, the legal profession and members of the general public.”

The Applicant however stated that “Sometime in the month of June 2022, members of the legal profession and indeed the general public were rudely confronted with unbelievable reports in the social media of a letter alleged to have originated from the very esteemed and revered office of Wole Olanipekun & Co and authored by the Respondent.”

Continuing, the Applicant stated that “In the said letter, the law firm of Wole Olanipekun & Co unprofessionally and surreptitiously solicited for a brief from Saipem SPA, an international conglomerate known (knowing that another firm of lawyers was handling the said brief in the court) and further shamelessly touted the supposed overriding influence of the principal partner of her firm, Chief Wole Olanipekun, SAN, the current chairman of the very revered and distinguished Body of Benchers, and a very respected past President of the Applicant herein.”

Citing the letter from Ogunde to Mr. Francesco Ciao of Saipem SPA, NBA stated that “Members of the legal profession particularly members of the Applicant were very disturbed by this infamous letter alleged to have originated from arguably one of the most successful, biggest, respected and most distinguished law firms in Nigeria,” adding that its hope that the allegations contained in the letter were “false, misleading and outright mischief orchestrated by some rabble-rousers” was dashed by letters from the law firm of Wole Olanipekun & Co apologizing for the action of the Respondent and disclaiming her.

According to NBA, “While the members of the legal profession in particular and the national and international public were attempting to come to terms with what has now obviously become the most infamous letter ever written by a lawyer and/or a law firm in the history of the legal profession in Nigeria, the respondent published a letter on the social media admitting the allegations, but sought only to exculpate her law firm from the now most infamous conduct allegations within the legal profession ever in Nigeria.”

Justifying the filing of the application, the NBA stated that “The entire members of the Applicant arising from their comments on the social media and calls to the President of the Nigerian Bar Association have been feverishly and fervently demanding and calling on the Applicant to rise up and refer the Respondent and the partners of Wole Olanipekun & Co. to the Legal Practitioners’ Disciplinary Committee for gross and grave professional misconduct that brought unprecedented shame, ridicule, opprobrium and odium on the entire administration of justice system and the legal profession in Nigeria.”

NBA urged the LPDC “to immediately commence the disciplinary process and prosecute ADEKUNBI OGUNDE Esq. for the violation of the sacred provisions of the Rules of Professional Conduct, particularly Rule 1 thereof.”

The NBA Trustees then asked the LPDC 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.”

Accompanied by a 16-paragraph “AFFIDAVIT OF FACTS IN RE: THE PETITION OF THE NBA AGAINST ADEKUNBI OGUNDE, ESQ.” dated July 19, 2022 and deposed by Aikpokpo-Martins, the Applicant urged “your quick consideration of this Petition.”

It is recalled that the Respondent had in a Press Release on the controversy titled “RE: CITY LAWYER MAGAZINE PUBLICATION WITH THE TITLE – AJUMOGOBIA ACCUSES OLANIPEKUN’S LAW FIRM OF MISCONDUCT; AND ALL OTHER RELATED PUBLICATIONS IN THE SOCIAL MEDIA” acquitted Olanipekun and the law firm from any blame.

It was unclear at press time whether the petition has been communicated to the Respondent.

The LPDC is a committee of the Body of Benchers.

CITY LAWYER recalls that the Olumide Akpata-led NBA had also dragged an unnamed Senior Advocate of Nigeria and six other lawyers to the LPDC over their alleged roles in a series of conflicting ex-parte court orders issued by some  courts.

Click here for the full petition.

 

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HIJAB: ‘WHY LPDC CAN’T SANCTION OMIRHOBO,’ BY OKUTEPA

• HE DIDN’T DISRUPT PROCEEDINGS, JUSTICES DIDN’T NOTICE HIM

• HE IS MERE PUBLICITY SEEKER ….

One of the longest serving Nigerian Bar Association (NBA) prosecutors at the Legal Practitioners Disciplinary Committee (LPDC), Mr. Jibrin Okutepa SAN has said that the committee cannot not punish activist-lawyer, Chief Malcolm Omirhobo for the manner he dressed before appearing at the Supreme Court today.

In a post he made on a CITY LAWYER WhatsApp forum, the fiery senior lawyer said that contrary to some comments on Omirhobo’s appearance in court, he also did not disrupt proceedings at the Supreme Court. Some reports had stated that the Supreme Court was discomfited and rose abruptly upon sighting the activist-lawyer.

Said Okutepa: “I was in the Supreme Court. Dapo Akinosun SAN and Chief Philip Ndubuisi Umeh SAN and Attorney General of Enugu State were (also) in Court. While I salute his desire to pass a message that we need to be careful how we introduce religion in our profession it will be wrong to say he disrupted proceedings. He did not.

“He appeared dressed like as shown above but he did not disrupt the proceedings or announce appearance for any party in any of the cases listed on the cause list for today. The Supreme Court Justices did not even notice him. He only came in and sat down.”

The senior lawyer however said that Ormihobo failed to earn his respect by not confronting the Supreme Court justices on the hijab ruling, adding that he is merely a publicity seeker. His words: “He would have earned my respect if he had stood up to announce appearance and appear in any of the cases or if he has a case there and he appeared like that and draw the attention of their lordships to his presence. I think he just came to seek for social media publicity. He did not confront those who delivered the judgment.”

When CITY LAWYER asked the former LPDC prosecutor whether Ormihobo could face disciplinary proceedings for his action, Okutepa said: “For what? Those who think he has done the wrong thing should complain. He just dressed as he liked. He did not appear in a case to conduct proceedings.”

Pressed on whether the dressing did not breach the lawyers’ code on dressing, he said: “This man did not appear in Court as lawyer. He just dressed like that. He should have been bold enough to stand up and announce himself as lawyer in Court. Until he does that, all he did was just to attract media attention. When Daniel wanted to let Nebuchadnezzar know that he served in living God, he confronted the king personally and was firm in his stand that the king was wrong. Those kings were sitting. He did not confront them. He has not done anything for him to be sent to the den of lion or fiery furnace as Nebuchadnezzar did to Daniel.”

He again noted that the situation may be different if Ormihobo were to appear in the same attire to argue his case in court. His words: “Let him first exercise his right of dressing as he likes in his religious attires in court proceedings. It is then we can think of whether he breached the rules of professional conduct. Mark you the judgment of the Supreme Court on hijab is not a license for lawyers to dress anyhow.”

Ormihobo has vowed to appear in court and argue cases in the same attire.

While several lawyers’ platforms on social media have been buzzing with the dramatic appearance, with lawyers sharply divided on the fate that should befell Ormihobo, the Supreme Court, NBA and Body of Benchers are yet to comment on the issue.

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  • EDITOR'S CHOICE
  • Apr 10, 2022
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  • Comments Off on BODY OF BENCHERS APPOINTS ISHAQ BELLO AS LPDC CHAIR AMID CONCERNS

BODY OF BENCHERS APPOINTS ISHAQ BELLO AS LPDC CHAIR AMID CONCERNS

There is palpable unease within the ranks of the Body of Benchers (BoB) as former Chief Judge of the High Court of Federal Capital Territory (FCT), Justice Ishaq Bello has been appointed as the new Chairman of the Legal Practitioners Disciplinary Committee (LPDC). He replaces Mr. Emmanuel Ukala SAN who sensationally resigned from the position recently.

Members of the Body of Benchers who spoke to CITY LAWYER at the weekend on the emergence of Justice Bello argued that due process was not followed in the appointment, saying that the immediate past BoB Chairman, Justice Olabode Rhodes-Vivour merely announced the appointment of the jurist towards the end of the last meeting of the body.

They said that not only was the Bar not consulted in the process leading to the appointment but that there was no opportunity given to BoB members during plenary to ratify Bello’s nomination.

A BoB member told CITY LAWYER that the practice had been that while the headship of the LPDC rotates between the Bar and Bench, both groups must reach a consensus on the choice of the candidate to head the all-important Body of Benchers committee.

“Sadly, that did not happen this time,” said the member. “Due process was not followed; instead, a fait accompli was foisted on the body. That is not the precedent we are used to. The appointment is inchoate.

“I do hope that the new chairman of the Body of Benchers will seek the earliest opportunity to present the nomination of Justice Bello for ratification at the plenary. Otherwise, it will be a bad signal for both the committee and the Body of Benchers.”

Although CITY LAWYER contacted the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata on the controversy, he had not responded at the time of filing this report. The Body of Benchers is yet to comment on the matter.

Following his retirement as Chief Judge of the FCT High Court, Bello made an unsuccessful attempt to join the International Criminal Court (ICC) bench, having been nominated by the Federal Government.

CITY LAWYER recalls the LPDC has been in the news lately following the resignation of Ukala and two other members of the committee over alleged interference in its work by the Body of Benchers. The two members that also threw in the towel were current Chairman of the NBA Section on Legal Practice, Chief Ferdinand Orbih (SAN) and Boma Ayomide Alabi (SAN).

Ukala had in his resignation letter dated 22nd February, 2022 cited the complaint by recently deceased senior lawyer, Mr. Lucius Nwosu SAN over a prima facie finding by the committee, noting that most members who spoke on the subject “were against the intervention of this august body (benchers) in the matter for very sound and obvious reasons including the fact that the matter was subjudice and that this august body has no jurisdiction to review any matter including the issue of prima facie finding which is already before the LPDC.

“Surprisingly however, the Chairman, the Honourable Justice Bode Rhodes-Vivour, ruled against the overwhelming views of the majority in favour of the minority views of mainly three members – the retired Justice James Ogenyi Ogebe, the Honourable Justice Ejembi Eko and R. A. Lawal-Rabana SAN, thus inadvertently opening up judicial proceedings before LPDC to the administrative review of the Body of Benchers. This singular move portends grave danger to the maintenance of discipline in the Legal Profession.”

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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Lucius Nwosu SAN (middle), after one of his successful legal tussles
  • EDITOR'S CHOICE
  • Apr 07, 2022
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  • Comments Off on ‘HOW LUCIUS NWOSU, SAN DIED’ – BY FAMILY

‘HOW LUCIUS NWOSU, SAN DIED’ – BY FAMILY

Leading oil and gas lawyer, Mr. Lucius Ezeakamadu Nwosu SAN “passed onto glory peacefully in his sleep” in Abuja last Tuesday, his family has said. He was aged 69 years. The announcement confirms CITY LAWYER exclusive report that the leading lawyer has passed on.

Announcing the passing of the foremost oil pollution and environmental rights lawyer in a trending post titled “Transition Announcement” obtained by CITY LAWYER, a family representative, Mr. Akandu Emmanuel Nwosu wrote: “With hearts filled with grief but with gratitude to God for a purpose-driven and impactful life, we announce the death of our dear father, husband, brother, uncle, cousin, confidant and family head, Lucius Ezeaka Nwosu, SAN, who passed onto glory peacefully in his sleep on Tuesday the 6th of April, 2022 in Abuja FCT at the age of 69.

“We request prayers for his family and ask that their privacy be respected at this time. Burial arrangements will be announced by the family.”

A post on his University of Nigeria Enugu Campus 1976 alumni platform obtained by CITY LAWYER read: “BREAKING… Am distressed and in tears. Why do such things happen?! Can’t still believe it that Papa Doc is gone to the great beyond. He passed this morning. Hate to be a bearer of bad news. Na so we see am.”

Another post read: “LUCIOUS (sic) NWOSU SAN, may your soul rest in peace.” It would seem that his classmates nicknamed him “Papa Doc.”

A source who is a classmate of the fiery lawyer had confirmed the sad news to CITY LAWYER, saying the news was originally broken by a judge who is also a classmate of the foremost oil pollution claims expert allegedly nicknamed “Lucifer Nwosu” by international oil companies for being a thorn in their flesh in his many legal battles for compensation for polluted oil-bearing communities. He stated that three members of the class have been mandated to visit his wife.

Nwosu was lately entangled in a face-off which wrought a crisis within the Legal Practitioners Disciplinary Committee (LPDC), leading to the resignation of its chairman and two members due to alleged meddlesomeness by the Body of Benchers.

This also led him to petition the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata in a letter dated February 17, 2022 urging him to impress on leading lawyer, Chief Wole Olanipekun SAN “to refrain from bidding for the Chairmanship of the Body of Benchers failing which, the Bar should politely withdraw his candidacy.”

Continuing, he wrote in the four-page letter: “Mr. President, I do not have anything to gain or lose personally by Chief Olanipekun SAN remaining in or becoming Chairman of the Body of Benchers, but I would rather not be your goodself as president and alter ego of the Nigeria Bar Association, when this tragic circumstances will be ascribed to your tenure. Hence this urgent note of caution.”

It was unclear whether Akpata responded to Nwosu’s petition. However, the Body of Benchers brushed aside the controversy to elevate Olanipekun to the position of Chairman of the elite body.

Born on January 30, 1953 into the Nwosuagwunwanguma Family of Uhuala, Udo in Ezinihitte Mbaise Local Government Area of Imo State, he studied law at the University of Nigeria, Enugu Campus, graduating in 1980.

Listed in NIGERIA’S TOP 100 LAWYERS compendium, Nwosu was admitted to the Nigerian Bar in 1981. He took silk in 2004 and was a member of the Legal Practitioners Privileges Committee (LPPC) between 2005 and 2011.

He was the Principal Partner of Messrs Lucius Nwosu (SAN) & Partners, a Port Harcourt based full-service law firm. Prior to the establishment of his law firm, Nwosu had a stint with the Chambers of Dr. J. I. J. Otuka, formerly a UNN law teacher.

Nwosu has been involved in many high stakes and complex oil pollution cases. As Lead Counsel to some Ogoni communities, he secured N45.9 Billion compensation from Shell Petroleum Development Company (SPDC). He also secured N37.6 Billion award against the Federal Government in a lawsuit instituted by the Odi community of Bayelsa State for victims of the military invasion of the community on November 20, 1999. Nwosu also secured N81.9 billion oil pollution compensation for some oil-bearing communities in Akwa Ibom against Nigerian National Petroleum Company (NNPC) and Mobil Producing Nigeria Unlimited.

He was Counsel to the former Chief Justice of Nigeria, Justice Aloysius Katsina-Alu in the headline-grabbing lawsuit brought by erstwhile President of the Court of Appeal, Justice Ayo Salami challenging his suspension by the National Judicial Council (NJC).

According to his profile in NIGERIA’S TOP 100 LAWYERS, “Nwosu has several legal publications to his credit. He is the author of Litigation: Useful Tips on Effective Case Management (2003). He had been invited by the Council of Legal Education (CLE) to develop a position paper on Oil and Gas Law as part of the activities marking its 10th anniversary.”

Nwosu was married to his wife, Nneka. The marriage was blessed with children.

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  • EDITOR'S CHOICE
  • Apr 07, 2022
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  • Comments Off on ANXIETY OVER ENERGY EXPERT, LUCIUS NWOSU SAN

ANXIETY OVER ENERGY EXPERT, LUCIUS NWOSU SAN

There are strong indications that leading oil and gas lawyer, Mr. Lucius Nwosu SAN is dead.

A post on his University of Nigeria Enugu Campus 1976 alumni platform obtained by CITY LAWYER read: “BREAKING… Am distressed and in tears. Why do such things happen?! Can’t still believe it that Papa Doc is gone to the great beyond. He passed this morning. Hate to be a bearer of bad news. Na so we see am.”

Another post read: “LUCIOUS (sic) NWOSU SAN, may your soul rest in peace.” It would seem that his classmates nicknamed him “Papa Doc.”

A source who is a classmate of the fiery lawyer confirmed the sad news to CITY LAWYER , saying the news was originally broken by a judge who is also a classmate of the foremost oil pollution claims expert allegedly nicknamed “Lucifer Nwosu” by international oil companies for being a thorn in their flesh in his many legal battles for compensation for polluted oil-bearing communities.

He said that the news broke yesterday of Nwosu’s passing, adding that it was not until today that the news was confirmed. He stated that three members of the class have been mandated to visit his beloved wife.

Nwosu was lately entangled in a face-off which wrought a crisis within the Legal Practitioners Disciplinary Committee (LPDC), leading to the resignation of its chairman and two members due to alleged meddlesomeness by the Body of Benchers.

This also led him to petition the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata in a letter dated February 17, 2022 urging him to impress on leading lawyer, Chief Wole Olanipekun SAN “to refrain from bidding for the Chairmanship of the Body of Benchers failing which, the Bar should politely withdraw his candidacy.”

Continuing, he wrote in the four-page letter: “Mr. President, I do not have anything to gain or lose personally by Chief Olanipekun SAN remaining in or becoming Chairman of the Body of Benchers, but I would rather not be your goodself as president and alter ego of the Nigeria Bar Association, when this tragic circumstances will be ascribed to your tenure. Hence this urgent note of caution.”

It was unclear whether Akpata responded to Nwosu’s petition. However, the Body of Benchers brushed aside the controversy to elevate Olanipekun to the position of Chairman of the elite body.

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  • EDITOR'S CHOICE
  • Mar 31, 2022
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OLANIPEKUN EMERGES 50TH CHAIR OF BODY OF BENCHERS

Leading litigator and senior lawyer, Chief Wole Olanipekun SAN has emerged the new Chairman of the embattled Body of Benchers, CITY LAWYER can authoritatively report.

Olanipekun assumed leadership of the august body following the completion of tour of duty by the immediate past chairman, retired Justice Olabode Rhodes-Vivour.

In an acceptance speech obtained by CITY LAWYER , Olanipekun said that “it will be an understatement to posit that I am humbled, honoured and ecstatic at the matchless and remarkable opportunity afforded me to lead and pilot the affairs of the Body of Benchers for the next one year, having been elected as the Vice-Chairman on 25th March, 2021.”

The fiery litigator noted that since November 27, 1971 when the body was inaugurated, “the transition to either the office of the Vice-Chairman or Chairman has always been smooth, seamless, straightforward, rancour-free and unwrinked,” adding that “Here, we do not mount the soap box or campaign for elections.”

Perhaps in a veiled reference to the controversy that has dogged the body over its alleged meddlesomeness in the affairs of one of its committees, the Legal Practitioners Disciplinary Committee (LPDC) leading to the resignation of its chairman and two other members, Olanipekun said: “Without being immodest, but for the sake of emphasis and record purposes, as well as the present exigencies, I have always given my all to the legal profession, whether as a practicing lawyer in court rooms across the length and breadth of the country; or as Secretary and later Chairman of a branch of the NBA; or as Attorney-General and Commissioner for Justice in the old Ondo State ….” He reeled out more positions held by him in the legal profession.

He pledged “to continue to give my all to the services of the Body of Benchers as Chairman for the next year and, in doing so, I will be calling upon you all for your cooperation, understanding, assistance, advice and counsel.”

Saying that the legal profession “is under aggression and attack, both from within and without,” Olanipekun stated that it behoves the members “to rejig, redefine and reorientate our profession in order to restore its cherished nobility and glory.”

CITY LAWYER recalls that leading oil and gas lawyer, Mr. Lucius Nwosu SAN had in a February 17, 2022 petition asked the Nigerian Bar Association (NBA) to restrain Olanipekun, himself a former NBA president, from bidding for the chairmanship of the Body of Benchers.

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  • EDITOR'S CHOICE
  • Mar 30, 2022
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  • Comments Off on BOMA ALABI, ANOTHER LPDC MEMBER RESIGNS

BOMA ALABI, ANOTHER LPDC MEMBER RESIGNS

Another member of the troubled Legal Practitioners Disciplinary Committee (LPDC) has resigned, CITY LAWYER can authoritatively report.

In a resignation letter obtained by CITY LAWYER and dated March 29, 2022, Boma Ayomide Alabi SAN stated that she has resigned from the LPDC “effective immediately.”

Alabi said that she was “utterly dismayed” by the outcome of the November 22, 2021 meeting of the Body of Benchers where the body directed that the LPDC “suspends sitting” while a petition to the body was being “investigated.”

Saying that she awaited the outcome of the investigation initiated by the Body of Benchers, Alabi noted that a report was circulated at the last meeting of the body titled, “Report of the meeting of the Elders Committee held on the 25th of January 2022.”

Her words: “After some debate, the recommendations contained therein appear to have been adopted in totality, much to my consternation.”

She noted that the report recommended that “The matter before the LPDC should be terminated on the ground that no prima facie case has been made. If the complainant feels strongly about his claims, he should go to a formal court and pursue him (sic) claims.”

The former LPDC member stated that she “made enquiries with the LPDC Registry and confirmed that the Elders Committee did not request the case file in question from the Registry, neither did the Secretariat of this august Body.” Querying the mode of investigation done by the Body of Benchers, Alabi said: “It begs the question – does this mean that the Elders Committee, acting in an overtly appellate capacity in reviewing and rejecting the finding of a prima facie case by the LPDC, as set out in paragraph 5.3 of their report and quoted above, did so, without the benefit of a review of the casefile?”

Noting that the Elders Committee may have held that Section 12(7) of the Legal Practitioners Act (LPA) did not apply to the case it investigated, Alabi said: “I humbly and respectfully beg to dissent from the wisdom of the Elders on this occasion. Section 12(7) of the LPA provides, quite unambiguously, that appeals in respect of decisions of the LPDC can only be entertained by the Supreme Court.”

Alabi stated that the decision of the Body has compelled her to resign her position as LPDC member. The letter was addressed the “The Body of Benchers” and “Attention” to the chairman of the body, past chairmen, Life Benchers and Benchers.

It is recalled that CITY LAWYER had exclusively reported the resignation of Chief Ferdinand Orbih SAN as an LPDC member. This came on the heels of the resignation of the LPDC Chairman, Mr. Emmanuel Ukala SAN.

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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  • EDITOR'S CHOICE
  • Feb 25, 2022
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SCANDAL ROCKS LPDC AS ANOTHER MEMBER QUITS

More crisis has rocked the embattled Legal Practitioners Disciplinary Committee (LPDC), an organ of the Body of Benchers, as another ranking member, Chief Ferdinand Orbih SAN has resigned from the august body.

In a resignation letter obtained by CITY LAWYER, Orbih stated that “My resignation stems from the events that took place at the meeting of the Body of Benchers on the 22nd November 2021, wherein, the Honourable Body assumed jurisdiction over the Petition of Lucius E. Nwosu SAN. Lucius Nwosu SAN in his Petition complained about the finding of the LPDC that a prima facie case had been made against him.”

CITY LAWYER recalls that the LPDC Chairman, Mr. Emmanuel Ukala SAN had sensationally resigned as Chairman of the LPDC, citing the same reason for his action.

Continuing, Orbih, the fiery Chairman of the Nigerian Bar Association Section on Legal Practice (NBA-SLP), said: “It is my humble view that by assuming jurisdiction over the said Petition, the Body of Benchers was in clear breach of Section 12 (7) of the Legal Practitioners Act, which provides that appeals in respect of decisions of the LPDC, can only be entertained by the Supreme Court of Nigeria. Clearly, that section did not vest on the Body of Benchers, the power to seat as an appellate body over decisions of the LPDC.”

According to the respected senior lawyer, “The lawmaker gave the LPDC a great measure of independence because of the vital role it plays to ensure that the highest form of discipline is maintained amongst Legal Practitioners in Nigeria. That independence is obliterated when the Honourable Body brings the LPDC under its control and direction in clear violation of due process.”

“In the above circumstances, my continued membership of the LPDC has become untenable, as I can no longer in good conscience serve in that committee.

“I am therefore left with no other option, than to resign my membership of the LPDC. I am grateful to the Honourable Body of Benchers for the opportunity given to me, to be of service to the legal profession.”

Titled “NOTICE OF RESIGNATION AS MEMBER OF LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE” and addressed to the Secretary of the Body of Benchers, the letter was copied to the Chairman of the Body of Benchers, past Chairmen, Life Benchers and Honourable Benchers. Dated February 24, 2022 the resignation also became effective from yesterday.

It remains to be seen how this gale of resignations will affect the operations of the troubled Committee.

 

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  • EDITOR'S CHOICE
  • Apr 01, 2021
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  • Comments Off on NBA MAY DRAG CCT CHAIR TO DISCIPLINARY C’TE OVER ALLEGED ASSAULT

NBA MAY DRAG CCT CHAIR TO DISCIPLINARY C’TE OVER ALLEGED ASSAULT

  • VOWS TO INVESTIGATE THE MATTER

  • CCT CHAIR MAY BE DISBARRED

The Nigerian Bar Association (NBA) may drag the embattled Chairman of the Code of Conduct Tribunal (CCT), Mr. Umar Yakubu Danladi to the Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers for professional misconduct.

An indication to this is contained in a press statement by the NBA over the alleged assault by the CCT Chairman on a security guard which was caught on a video that has since gone viral.

Giving an indication that the lawyers’ body may have made up its mind on the controversy, the association said it “frowns at any display of naked power by a public officer especially one who, by virtue of his high office, is expected to exhibit a high standard of conduct,” adding that “The situation is all the more critical when it involves the head of an agency of government set up to ensure compliance, by public officers, with the code of conduct.”

Noting that Danladi “is expected, by the extant rules that regulate the conduct of legal practitioners in Nigeria, to maintain a high standard of professional conduct, and not to engage in any conduct which is unbecoming of a member of the legal profession,” NBA stated that “Prima facie evidence available at the moment raise questions regarding whether such standards have been met.”

Signed by the NBA Publicity Secretary, Dr. Rapulu Nduka, the statement concluded that “In view of the foregoing, the NBA shall through its relevant Committee, investigate the circumstances leading to the altercation, and depending on its findings, will ensure that appropriate action is taken to address this occurrence.”

The 15-member NBA Disciplinary Committee is chaired by Mr. Yunus Ustaz Usman SAN and co-chaired by Funke Aboyade, SAN.

It is recalled that the CCT Chairman was caught on video camera together with his security detail allegedly assaulting a 22-year-old employee of Jul Reliable Guards Services Limited posted as a security guard to the Banex Plaza in Wuse, Abuja. The victim has reportedly been hospitalized and was quoted by an online newspaper as expressing worry over his safety.

A press statement by CCT’s Head of Press and Public Relations, Ibraheem Al-Hassan admitted that there were exchanges between the CCT Chairman and the security guard, adding that “An incident like this when it happened (sic), sympathy usually goes to the low personalities. Though is (sic) unfortunate as I said, it ought not to have happened.”

Also speaking on the matter, longstanding LPDC Prosecutor, Mr. Jibrin Okutepa SAN said: “From the press statement of the CCT which cannot be issued without the approval of the chairman and which press statement has not been denied by CCT HQ, it is my respectful view that the Chairman’s conduct in the circumstances in engaging in public altercations with security man was undignified of the office of Chairman of CCT. That conduct ought not to be celebrated by any right-thinking members of the society.

“As lawyer and chairman of CCT no reasonable person should celebrate the conduct of the chairman as corroborated by the press statement. The government must not allow this matter to be swept under the carpets. It is not one of those issues that should be treated with levity.

“The HAGF and FGN must not condone this conduct. It must take action.The Chairman cannot be allowed to be sitting over conduct of other public officers when his conduct is in public court.”

If NBA files a petition at the LPDC and Danladi is found guilty, he may have his name struck off the roll of legal practitioners. It is recalled that the CCT Chairman headed the tribunal’s panel which gave an unprecedented order removing former Chief Justice of Nigeria, retired Justice Walter Nkanu Onnoghen from office.

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