The Nigerian Bar Association has began disciplinary proceedings against Adekunbi Ogunde Esq, a Partner at the Law Firm of Body of Benchers Cha
A few weeks ago, Ogunde had made solicitations to an international oil company, Saipem Oil Ltd, soliciting for the company’s brief in a matter against the Rivers State Government. Unknown to her, the case was no longer in court. The case had already been settled out of court about two months before she wrote to the company.
While marketing her law firm, she cast bad light on Ajumogobia & Co as a law firm with less influence and clout in favour of her law firm which she considered more influential and with prestige.
Her action violated Rule 39 of the rules of professional conduct, one of which prohibits self-advertising and solicitation.
Ajumogobia had berated Wole Olanipekun SAN for the unbecoming and professional misconduct of his firm’s Partner. He demanded that Olanipekun’s law firm quickly retract the letter and apologize to his law firm.
Olanipekun also disassociated itself from the email, expressing disgust and regret that it emanated from a partner in their firm who acted without authorization.
Many had wondered if the Legal Practitioners Disciplinary Committee, the body 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, to see if they plan to act on the matter between Olanipekun and Ajumogobia and dish out appropriate sanctions or if it will be swept under the carpet because of Olanipekun’s perceived standing in the society.
In a recent petition dated 19th of July, 2022 and numbered as BB/LPDC/901/2022, the NBA prayed the Legal Practitioners Disciplinary Committee, the body 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, to immediately commence the disciplinary process and prosecute Adekunbi for violation of the sacred rules of professional conduct particularly Rule 1 thereof.
They also sought LPDC’s opinion to consider whether the partners of the firm of Wole Olanipekun & Co. are not liable to be disciplined, seeing that the Respondent has the ostensible authority to act as a partner, and indeed acted for and on behalf of the said firm.
Sources reveal that the National Executive Committee of the NBA were initially split on whether to charge the Partners alongside Ms. Ogunde.
In the petition, NBA 1ST Vice President, Mr. John Aikpokpo-Martins stated that he was applying “on behalf of the Applicant that ADEKUNBI OGUNDE of WOLE OLANIPEKUN & CO of God’s Grace House, 5, Maple Close, Osborne Foreshore Estate Phase 11, Ikoyi, Lagos be required to answer to the allegations contained in the Statement/Affidavit which accompanies this Application and that such Order be made as the Committee shall think right.”
Ogunde
In the Statement of Facts accompanying the application, NBA noted that Ogunde is expected to exhibit and maintain a very high standard of conduct, professionalism, respect for the integrity of court and the judicial process when discharging her professional duties and responsibilities to clients, the legal profession and members of the general public.
The Applicant stated that contrary to the rules guiding the profession, members of the Association were taken aback sometime in June by the contents of a letter which emanated from the Respondent.
The petition reads in part: “That sometime in the month of June 2022, members of the legal profession and indeed the general public were rudely confronted with unbelievable reports in the social media of a letter alleged to have originated from the very esteemed and revered office of Wole Olanipekun & Co and authored by the Respondent.”
Continuing, the Applicant stated that “In the said letter, the law firm of Wole Olanipekun & Co unprofessionally and surreptitiously solicited for a brief from Saipem SPA, an international conglomerate known (knowing that another firm of lawyers was handling the said brief in the court) and further shamelessly touted the supposed overriding influence of the principal partner of her firm, Chief Wole Olanipekun, SAN, the current chairman of the very revered and distinguished Body of Benchers, and a very respected past President of the Applicant herein.”
Citing the letter from Ogunde to Mr. Francesco Ciao of Saipem SPA, NBA stated that “Members of the legal profession particularly members of the Applicant 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,” adding that its hope that the allegations contained in the letter were “false, misleading and outright mischief orchestrated by some rabble-rousers” was dashed by letters from the law firm of Wole Olanipekun & Co apologizing for the action of the Respondent and disclaiming her.
According to NBA, “While the members of the legal profession in particular and the national and international public were attempting to come to terms with what has now obviously become the most infamous letter ever written by a lawyer and/or a law firm in the history of the legal profession in Nigeria, the respondent published a letter on the social media admitting the allegations, but sought only to exculpate her law firm from the now most infamous conduct allegations within the legal profession ever in Nigeria.”