Nigeria: SANs Back NBA, Asks Olanipekun to Quit Body of Benchers

The NBA had petitioned the Legal Practitioners Disciplinary Committee (LPDC) over allegations of professional misconduct involving Mr Olanipekun's law firm.

A group of Senior Advocates of Nigeria under the auspices of the Justice Reform Project (JRP) has asked Wole Olanipekun to relinquish his position as Chairman, Body of Benchers (BOB), over an allegation of professional misconduct involving his law firm.

The statement by the JRP dated 29 July came on the heels of a similar call by the Nigerian Bar Association (NBA) on Mr Olanipekun to step down from his position in the BOB, a body responsible for calling new lawyers to the Nigerian bar.

Mr Olanipekun, also a senior advocate, has been in the eye of the storm following allegations of influence peddling levelled against a co-partner in his law firm, Adekunbi Ogunde.

Ms Ogunde was accused of soliciting briefs from Saipem Contracting Nigeria Limited, a company already being defended in a suit by Odein Ajumogobia, another SAN.

In a leaked letter, Ms Ogunde purportedly wrote on behalf of Mr Olanipekun's law firm in June; she had said Mr Olanipekun's presence in the Saipem group case "will significantly switch things in favour of Sapiem."

Ms Ogunde's conduct of soliciting a brief from a client is said to violate the rules of professional conduct for legal practitioners.

She subsequently apologised for her action, saying she wrote the letter without the knowledge of the law firm or knowledge of Mr Olanipekun.

The law firm had also issued a statement saying Ms Ogunde acted on her own.

But concerned about the damage the act could do to the image of the legal profession, the NBA petitioned the Legal Practitioners Disciplinary Committee (LPDC) seeking the sanction of Ms Ogunde, over the alleged infraction.

In the petition signed by the 1st Vice President of the NBA, John Aikpokpo-Martins, the association also urged the LPDC to determine the culpability of Mr Olanipekun and other partners of the law firm.

The NBA also wrote Mr Olanipekun, calling on him to step down as the Body of Benchers chair on the grounds of her association with Ms Ogunde.

But in a veiled reference to the steps taken by the NBA on the matter, Mr Olanipekun, a onetime president of the NBA, said in Abuja last Wednesday that the LPDC is not meant for settling personal scores.

Mr Olanipekun, who was performing the call-to-bar ceremony of newly admitted lawyers into the legal profession, urged the new wigs not to engage in acts of pulling down their colleagues.

JRP backs NBA

However, lending its voice to the NBA's call for Mr Olanipekun's resignation from the BOB, the JRP urged Mr Olanipekun to "step down from his position as Chairman of the Body of Benchers to enable investigations to be concluded with the requisite confidence."

It said the "self-recusal would ordinarily not be a mark of culpability, (but) it would be a matter of responsibility and honour."

It noted that "The learned silk's (Mr Olanipekun's) continued stay in office is, consequently, an indiscretion that will come at a cost to the integrity of our profession."

The senior lawyers dismissed Mr Olanipekun's narrative of witch-hunting or ulterior motives, saying it was capable of soiling the legal profession's image.

"The innuendos in the learned silk's speech at the Call-to-Bar ceremony, suggesting that opposing views were indicative of a 'pull him down syndrome', can only reinforce the call for his resignation, even though a formal complaint against him has not been lodged."

It lauded the NBA leadership of Olumide Akpata for "upholding the standards of our profession, even in circumstances involving a man who commands an enormous amount of respect from the entire profession."

The JRP which was founded in 2019 during the controversial removal of the former Chief Justice of Nigeria, Walter Onnoghen, said "The factual inconsistencies regarding the delivery" of Ms Ogunde's "letter are also a relatively small matter."

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," the JRP said.

Allegation

Mr Ajumogobia accused Wole Olanipekun's law firm of violating the rules of professional conduct for legal practitioners in its effort to hijack a case for which Saipem Contracting Nigeria Limited, Sapiem had engaged him.

In a letter critical of Wole Olanipekun and Co, Mr Ajumogobia demanded an apology from the law firm for soliciting a case for which the client had already retained him.

"I must also express my extreme disappointment and utter disillusionment," Mr Ajumogobia said of Mr Olanipekun's law firm's letter soliciting to represent Saipem Contracting Nigeria Limited in the $130million case between the firm and the Rivers State government.

Mr Ajumogobia added, "The attached letter is in my opinion tantamount to the gross misconduct of the worst kind," citing the rules of professional conduct, which prohibits "self-advertising and solicitation by Nigerian legal practitioners."

Mr Ajumogobia added, "The attached letter is in my opinion tantamount to the gross misconduct of the worst kind," citing the rules of professional conduct, which prohibits "self-advertising and solicitation by Nigerian legal practitioners."

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