SUNDAY EJIKE reports on a summit held in Abuja, which raised questions about the Bar and the Bench.
At a recent national summit on justice sector reform in Abuja, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, signalled the readiness of the Bola Tinubu administration to back with legislation, the reform being clamoured for, by the judicial arm.
The Chief Law Officer of the Federation, though a senior member of the Bar, is an appointee of the President, who heads the executive arm of government.
The AGF is also answerable to the President and while the three arms of the government are to inter-relate, they are also to operate independent of one another.
The executive arm, which Fagbemi represents, taking up what should have been the initiative of the judiciary leadership, led by the Chief Justice of Nigeria, Justice Kayode Ariwoola, is seen by some stakeholders as a failure of leadership on the part of the number one judicial officer who is also the chairman of the National Judicial Council (NJC), the umbrella institution for the arm of government.
During the two-day summit, members of the Bar and the Bench (lawyers and judges) spoke on the reformation of the justice sector.
The chairman of the justice sector summit planning committee, Dr. Babatunde Ajibade (SAN), while contributing to a discourse titled, “Discipline at the Bar and on the Bench – The case of Enhanced Disciplinary Powers, Performance, Management and Court Monitoring”,
criticised the Legal Practitioners Disciplinary Commitee (LPDC) for failing to promptly hear and determine the numerous pending complaints against lawyers over allegations of misconduct.
The theme of the summit, which was declared open by Vice President Kashim Shettima on behalf of President Bola Tinubu was, “Repositioning the justice sector in Nigeria, constitutional statutory and operational reforms for access and efficiency”, and focused on promoting cooperation and collaboration among all justice sector stakeholders.
The summit observed that, the problems of indiscipline at the Bar and on the Bench, were significant contributors to the current inefficiency of the justice sector, and also to the lack of confidence that the populace has or seems to have now, in the justice sector in Nigeria.
Various proposals were put forward to enhance the level of discipline at the Bar, not least of which, was the need for clarity as to who has the authority to discipline legal practitioners and also issues as to how to improve the efficiency of the disciplinary process for legal practitioners.
Similar concerns were expressed about discipline and monitoring of performance of judicial officers and it was agreed that significant steps needed to be taken in these areas to enhance the quality of justice delivery in Nigeria and increase the confidence of members of the public in the justice sector.
The consensus at the end of the summit was that issues raised were topical and significant.
There and then, there was a commitment by the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN) to engage as quickly as possible in converting the discussions and resolutions into draft legislation that will be presented to the National Assembly for inclusion in the ongoing constitution review process, and also for non-constitutional related legislation to be implemented almost immediately.
Ariwoola’s no-show
The failure of the outgoing CJN to initiate a major reform as his tenure is winding down is a major blight on his stewardship as the head of the arm of government.
Following the misadventure of his predecessor-in-office, Justice Muhammad Tanko and Ariwoola leading the “palace coup” that terminated him, hopes were high the Iseyin-born jurist, would correct the mistakes and maladministration of his predecessor as a reformer.
Almost two years into a tenure expected to end on August 22, 2024, the system, according to stakeholders, has further fallen in standard and now, there is an urgent need to fix it, before a likely total collapse.
Apart from Ariwoola not taking any serious steps to address years-long decay within the system, major institutional agencies under his purview, appear neglected. He has also been variously and widely panned for elevating nepotism into official process of appointment.
However, he would be leaving behind a legacy of being the first CJN and NJC chair, to fill the Supreme Court to constitutional capacity. He has also been at the forefront of salary increment for judicial officers.
He became the CJN on June 27, 2022.
Olanipekun’s vindication
During the national summit, a major hanging cloud, was the decision to punish Adekunbi Ogunde, a former lawyer, in the employment of leading lawyer, Chief Wole Olanipekun, SAN.
Olanipekun is also personal lawyer to President Tinubu and heavily tipped when the administration came onboard, to be the AGF.
The Legal Practitioners Disciplinary Committee (LPDC), a standing disciplinary committee of the Body of Benchers (BoB) removed Ogunde’s name from the roll of Legal Practitioners in Nigeria over a leaked letter she sent to a foreign oil firm soliciting for briefs on behalf of Wole Olanipekun’s law firm.
There were arguments that Olanipekun was also vicariously liable and should be punished.
But, the big stick only stopped on Ms. Ogunde’s head, ending her career as a legal practitioner.
When the scandal broke out, the firm had to push her out.
National Publicity Secretary of the NBA, Habeeb Akorede Lawal, who confirmed the punishment meted out to Ogunde by the LPDC to The Jury said she was disbarred after the LPDC found her guilty of soliciting for briefs on behalf of Wole Olanipekun’s law firm.
She was disbarred based on a petition the NBA filed against her and Chief Olanipekun in July 2022.
Ogunde’s trouble started when it was reported that she sent an email to Saipem Oil Ltd, an international oil company, soliciting the company’s brief in a matter against the Rivers State Government, which brief had already been settled by the law firm of Chief Odein Ajumogobia, SAN.
In the letter, considered by many to be a case of influence-peddling, Ms Ogunde informed the prospective client, Saipem Contracting Nigeria Limited, that the presence of Chief Wole Olanipekun (SAN), “will significantly switch things” in favour of Saipem.
In the infamous letter, Miss Adekunbi insinuated that her principal, being head of Body of Benchers, had all the Judges and heads of courts in his pocket and could swing judgement in favor of Saipem, if the services of Olanipekun & Co, were retained.
According to her: “Chief Olanipekun, SAN, OFR is currently the Chairman of the Body of Benchers which is the highest ruling body in the Nigerian legal profession, made up of Supreme Court Judges, Presiding Justices of the Court of Appeal and Chief Judges of all State High Courts including the Rivers State High Court. In other words, Chief Olanipekun, SAN, OFR is the Head of the entire legal profession in Nigeria.”
She thereafter listed few famous cases including MTN tax dispute, Shell Petroleum, and the Equinox (former Statoil) dispute, where her principal had demonstrated such capacity in the past.
She ended up saying: “We are aware that another law firm is currently in the matter but you will agree that highly sensitive and political matter requires more influence.”
Chief Olanipekun, a onetime president of the NBA and chair of the Body of Benchers (BoB), a regulatory body in Nigeria’s legal profession, denied knowledge of Ms Ogunde’s solicitation of the brief. The law firm also issued a disclaimer to the effect that, Ms Ogunde was on her own.
Ms Ogunde subsequently apologised for her action and added that she wrote the letter without the authority of the law firm or knowledge of Chief Olanipekun.
NBA said Ogunde’s letter put legal profession into public ridicule.
It also filed a petition against the young lawyer before the Legal Practitioners Disciplinary Committee (LPDC).
NBA Vs Olanipekun
Specifically, in the petition marked BB/LPDC/901/2022, NBA called on the LPDC to ensure that “on behalf of the Applicant that Adekunbi Ogunde of Wole Olanipekun & Co. be required to answer to the allegations contained in the Statement/Affidavit.”
Mr Aikpokpo-Martins who signed the petition on behalf of the Incorporated Trustees of the NBA, which was dated July 19, 2022, said Ms Ogunde violated “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.”
He said members of the legal profession, particularly members of the NBA “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.”
NBA demanded then, that Chief Olanipekun should step down as the Chairman of the Body of Benchers (BoB) to pave the way for the investigation of Ogunde, then a partner in Olanipekun and co.
Then-NBA President Olumide Akpata gave the advice in a letter addressed to Chief Olanipekun dated July 22, 2022, and titled: Re: Petition Against Ms. Adekunbi Ogunde By The Nigerian Bar Association For Alleged Misconduct”.
Akpata reminded Olanipekun that LPDC, probing his law firm, is “a Standing Committee of the BoB whose processes come under the supervision of the Chairman”.
The chairman then, was the owner of the law firm, being investigated.
NBA wanted LPDC to “consider whether the partners of the firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body in view of the fact that the respondent, Ms Ogunde, has the ostensible authority to act as a partner and indeed acted for and on behalf of the said firm.”
Olanipekun rejected the accusation of being complicit and stayed till the end of his tenure as BoB chairman.
Despite NBA’s call, Olanipekun, in December 2022, in his capacity as the BoB chairman, presided over the call-to-bar ceremony admitting new lawyers into the Nigerian bar.
LPDC in a letter addressed to Wole Olanipekun & Co. also exonerated the foremost Silk, from culpability in the allegation of professional misconduct levelled against his law firm by the Bar.
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