By The Nigerian Bar Association (NBA) has asked the Chairman of the Body of Benchers, Wole Olanipekun SAN to step down amid investigation into professional misconduct against a partner in his law firm.
It would be recalled that a partner in Wole Olanipekun & Co, Adekunbi Ogunde landed in trouble after an attempt to hijack the client of Henry Odien Ajumogobia, SAN.
In a letter soliciting a brief, Ogunde had asked SAIPEM Contracting Nigeria Ltd to consider hiring their law firm, adding that the founder — Olanipekun — has more “influence” with judges across all courts.
The Incorporated Trustees of the NBA has since petitioned the Legal Practitioners Disciplinary Committee (LPDC) to prosecute the embattled lawyer.
But in a letter on Friday, NBA President, Olumide Akpata requested that Olanipekun recuse himself from the office of the Chairman of the Body of Benchers to avoid conflict of interest in the working of the LPDC on the said petition.
The letter read in part, “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.
“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.”
