NBA Seeks Resignation Of Olanipenkun As Body Of Benchers Chairman Over Professional Misconduct

The Nigerian Bar Association (NBA), has demanded the immediate resignation of the chairman, Body of Benchers, Chief Wole Olanipekun SAN over alleged professional misconduct of his partner in the law firm of Wole Olanipekun and co.

In a letter addressed to Chief Olanipekun, dated July 22, 2022, the NBA President, Olumide Akpata stated that the request was for the BOB Chairman to recuse himself from the office to enable the Legal Practitioners Disciplinary Committee (LPDC) determine a case of professional misconduct against a partner in his law firm, Ms Adekunbi Ogunde.

LPDC is a body directly under the supervision of the Body of Benchers and is statutorily empowered to consider and determine any case where it is alleged that a lawyer has misbehaved in his/her capacity as a legal practitioner.

Ms Ogunde reportedly, had sent a mail to an international oil firm, Saipem Oil Ltd and solicitated the company’s brief in a matter against the Rivers State Government which unknown to her had been settled out of court.

The brief was related to the $130 million case at the Rivers State High Court brought by the Rivers State government.

While making the solicitation, she had painted a bad picture of another law firm, Ajumogobia & Co, which handled the case, as one with less influence and professional clout.

The action was considered to have breached Rule 39 of the rules of professional conduct, one of which prohibits self-advertising and solicitation.

Olanipekun had disassociated itself from the action of Ms Ogunde, and regretted the fact that it emanated from a partner in the law firm.

In reaction to the incident, NBA recently petitioned the LPCD to initiate disciplinary process against Ogunde over the action.

The NBA president in the letter to Olanipekun explained that he continuing to be the chairman of BOB, would reasonably be interpreted to conflict with or influence the processes of the LPDC by fair-minded observers and right thinking members of the public.

Part of the letter read: “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.

As Lord Denning put it ‘Justice must be rooted in confidence; and confidence is destroyed, when right-minded people go away thinking that the Judge is biased’.

“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,” Akpata wrote.