OGUNDE

OLANIPEKUN: OGUNDE QUITS LAW PRACTICE, VOWS TO ‘RETURN’

Ms. Adekunbi Ogunde, the Partner at Wole Olanipekun & Co at the centre of the controversial email to SAIPEM SPA that has led to a call for Body of Benchers Chairman, Chief Wole Olanipekun SAN to recuse himself from the post, has temporarily quit legal practice over the debacle.

In a Press Release obtained by CITY LAWYER, Ogunde decried the controversies that have trailed her email, adding that “I will take a leave of absence from legal practice and get involved in community and social work pro bono, with a few selected NGOs.”

She stated that she “will also during this time undergo necessary courses to equip myself better in dealing with professional and life issues.”

She however vowed to return to legal practice, saying: “I will return to legal practice after some time, in consultation with my parents, senior colleagues, and well-wishers.”

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 Press Release.

MY EMAIL CORRESPONDENCE OF 20TH JUNE 2022 AND SUBSEQUENT EVENTS

The email I sent to SAIPEM on 20th June 2022 has, for several weeks, become the subject of discussion, debate, and diatribe among lawyers and the general public on various social media platforms. My public statement issued on 27th June 2022, which was aimed at expressing remorse for the anguish the said email caused to Ajumogobia & Okeke, my Firm, Wole Olanipekun & Co., and my parents and also to debunk the wrong conclusions drawn by many lawyers that the partners and/or associates at the firm knew about or consented to the content or delivery of my email did not also achieve the purpose in the opinion of some people.

Since I issued that public statement, I have read on social media a complaint filed against me at the Legal Practitioners Disciplinary Committee by the First Vice-President of the NBA and the letter written to my Firm’s Founding Partner, Chief Wole Olanipekun SAN, OFR that he should recuse himself from his position as the Chairman of the Body of Benchers.

I cannot deny the fact that I am at the centre of every main or collateral issue that has arisen out of the said email. It may appear as if neither Wole Olanipekun & Co nor me has taken any concrete step to ameliorate the effect of the email by way of discipline, education, reform, and rehabilitation concerning me. I wish to state that the firm took such steps but did not believe that its actions should be for the attention of the media.

Unfortunately, the matter has now become rather complicated and has not only affected me psychologically but also Wole Olanipekun & Co and my family. It has bred bad blood and, to my great pain, thoroughly embarrassed our Firm’s Founder, the innocent and dignified Chief Wole Olanipekun SAN, OFR, and as well as the Firm.

As the one through whom all these have arisen, I have consulted with my family and the Firm and after a deep and thorough examination of all the facets of this hydra-headed problem, I have decided to take the following steps:

1. I will take a leave of absence from legal practice and get involved in community and social work pro bono, with a few selected NGOs.

2. I will also during this time undergo necessary courses to equip myself better in dealing with professional and life issues.

3. I will return to legal practice after some time, in consultation with my parents, senior colleagues, and well-wishers.

This statement is issued to enable me to move to the next stage of my life. I will no longer be issuing any public statements.

I thank all those who have helped me to pass through this very trying period of my life, particularly my parents, partners, and associates of Wole Olanipekun & Co, my friends, and my parents’ friends.

God bless you all.

Adekunbi Ogunde

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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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SENIOR ADVOCATES ASK OLANIPEKUN TO QUIT OVER LPDC PROBE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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LPDC PROBE: YEMI CANDIDE-JOHNSON ASKS OLANIPEKUN TO RESIGN, OKUTEPA QUERIES AKPATA’S APPROACH

More pressure is being piled on the Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun SAN to step aside from the seat as the former President of Lagos Court of Arbitration, Mr. Yemi Candide-Johnson SAN has asked him to resign.

This is coming against the backdrop of a similar call today by the influential Eastern Bar Forum (EBF).

Meanwhile, erstwhile Legal Practitioners Disciplinary Committee (LPDC) Prosecutor, Mr. Jibrin Okutepa SAN has berated the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata for his approach in the matter.

Candide-Johnson, who is a leading justice sector reform advocate and Chairman of the Board of Directors of Nigeria Mortgage Refinance Company, said in an interview that “In the face of public allegations of egregious professional misconduct, I would expect him to defend the profession first before himself and accordingly to resign from the office that leads the profession. It’s a matter of responsibility and of honour.”

His words: “Wole Olanipekun is a leading Nigerian lawyer and recognized by many important offices as a leader of the profession. It is of the utmost importance that such an individual always conducts himself and regulates his practice in a manner that is exemplary.

“Any implication that he acts below optimum standards makes his position, especially as chairman of an important professional organ untenable. In the face of public allegations of egregious professional misconduct, I would expect him to defend the profession first before himself and accordingly to resign from the office that leads the profession. It’s a matter of responsibility and of honour.

“The appearance of corruption by itself is deeply damaging. My own view generally is that nobody is above the law and the bane of our profession to this time has been that the most senior are often the most badly behaved. It is intolerable and unsustainable. The law and its due and proper administration is more important than any individual.”

Okutepa lampooned Akpata for allegedly going public with the demand for Olanipekun to recuse himself from the seat, saying the BoB helmsman deserved a better treatment.

His words: “The letter was not in the best tradition of how things are done irrespective of what anybody feels about it. Chief Wole Olanipekun was a past President of the Nigerian Bar Association and whether we like it or not, he is a superior member of the bar and if I were to be in the position of the President of the Nigerian Bar Association, I won’t write such letter. I would go to meet with Chief Wole Olanipekun or involve senior members of the Bar, elders, past Presidents, and then meet with him and have discussion because whether anybody likes it or not, he is the leader of the bar.

“To do a letter to him and before he gets it, it is on social media, it is a very terrible thing that he ought not to do. You may not like Wole Olanipekun as a person but the institution that we all belong to must be preserved by the decorum we accord to ourselves.

“I’m not saying Wole Olanipekun is above disciplinary process and I am not going to go to any argument as to whether or not what happened is correct or not correct, but there are better and respectful way of dealing with issues that affect the profession.”

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

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LPDC PETITION: BENCHERS MEET TOMORROW, SHUN NBA ‘QUIT’ LETTER TO OLANIPEKUN

The Body of Benchers (BoB), Nigeria’s regulator of the legal profession, may not discuss the demand by the Nigerian Bar Association (NBA) for its Chairman, Chief Wole Olanipekun SAN to step aside when the elite statutory group meets tomorrow.

The agenda for the meeting obtained by CITY LAWYER shows that NBA’s demand is not listed as one of the issues for discussion. The agenda was emailed to member today as a reminder for tomorrow’s meeting. The body adjourned from its last emergency meeting which held on June 21, 2022 to tomorrow.

But CITY LAWYER gathered that tomorrow’s meeting may be feisty, as some BoB members are bent on ensuring that the recusal letter is given a pride of place during the meeting.

Aside from consideration of minutes of its last meeting in June, other items listed for deliberation tomorrow under “Matters Arising” are receipt of reports from several committees including Report of the Body of Benchers Prayer Drafting Committee, Report of the Regulations Committee, Report of the Judiciary Advisory Committee and Report of the Ad-hoc Advisory Committee on amendment of the Legal Practitioners Act (LPA).

Other items listed for consideration at tomorrow’s meeting are “Report from the Screening Committee,” “Arrangements for Call to Bar Ceremony” and “Any Other Business.” The Call to Bar ceremony is scheduled to hold on Wednesday.

It was unclear at press time whether NBA’s demand for Olanipekun to recuse himself from chairmanship of the Body of Benchers will be raised before commencement of the meeting or under “Any Other Business,” even as CITY LAWYER gathered from an unimpeachable source at NBA HOUSE that NBA President, Mr. Olumide Akpata will “definitely” bring up the recusal matter during the meeting.

Olanipekun, a former NBA President, had expressed anger against the association for 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.”

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.”

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.”

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LPDC PROBE: OLANIPEKUN SPEAKS ON NBA’S QUIT NOTICE

The Chairman of the Body of Benchers, Chief Wole Olanipekun SAN (SAN) has expressed anger over the demand by the Nigerian Bar Association (NBA) for him to step aside due to a petition to the Legal Practitioners Disciplinary Committee (LPDC) concerning his law firm.

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.

Olanipekun told SUNDAY VANGUARD that he would not understand why NBA President, Mr. Olumide Akpata would write him a letter requesting him to step down as the Body of Benchers and circulate the letter on social media without serving him a copy more than 24 hours after.

According to the report, Olanipekun, a former President of the NBA, said it appeared there was an ulterior motive behind the action of the NBA President.

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.”

In a statement personally signed by Akpata, 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.”

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.”

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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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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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