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Tag: LPDC

  • LPDC urged to sanction lawyers who attack judges unjustly

    LPDC urged to sanction lawyers who attack judges unjustly

    The Legal Practitioners Disciplinary Committee (LPDC) has been asked to henceforth sanction lawyers who engage in unwarranted attacks on judges in the country.

    A group, the Centre for Reform and Public Advocacy (CRPA) noted that there was a rise in the practice where legal practitioners resort to denigrating judges and the entire judicial system when court decisions go against their clients.

    The group identified some lawyers, whom it said, were fund of unduly condemning acts and decisions of the judiciary and asked to cease and desist, failing which it would petition the LPDC to prosecute them accordingly.

    Speaking in Abuja on Friday, CRPA’s Director of Legal Services, Kalu Agu expressed dismay that “these attacks not only undermine the rule of law but also erode public trust in our institutions.”

    “Regrettably, these incessant attacks on Nigeria’s Judiciary are being championed by so many lawyers.

    “These lawyers descend heavily on judges and attack their character after losing cases in courts. This unprofessional conduct must stop” the Centre warned.

    Agu was of the view that the “harmful practice undermines the very foundation of our justice system. It is imperative that we recognize the judiciary’s role as the guardian of justice and the protector of our constitutional rights.”

    Read Also: LPDC delists four lawyers for alleged misconduct

    He said there was a need for the Nigeria Bar Association (NBA) to stand united to support and speak out for judges when unduly attacked.

    Kalu said: “We, therefore, call on the Legal Practitioners Disciplinary Committee to take action against lawyers who indulge in this harmful practice of attacking judges in Nigeria.”

    He noted that there was the need for collective action to safeguard the independence and integrity of the Judiciary, warning that “If we fail to address these attacks, we risk plunging our nation into chaos, anarchy, and lawlessness.”

    Kalu said judges render verdicts based on evidence and legal precedents before them.

    He said it was normal for lawyers and litigants to disagree with court judgments, but argued that resorting to violence, blackmail and intimidation of judges was unacceptable.

    Agu urged lawyers and litigants to follow established channels to ventilate their grievances, adding that besides exercising their constitutional right of appeal, they could also petition the National Judicial Council (NJC) against any judge on accounts of allegations of bias, and corruption.

    He noted that decency and decorum must not be thrown to the wind under the guise of fighting for clients.

    Agu added: “While we conceded that they have a fundamental right to freedom of speech, it is unethical for any lawyer to engage in dragging the judiciary into the murky water.

    “We, therefore, with the greatest respect, call on the Nigeria Bar Association to rise to the occasion and sanction erring lawyers who attack judges to massage their ego after losing cases in court.

    “It is the duty of the Nigeria Bar Association to shield the bench from unfounded criticisms as Judges cannot respond to criticisms or defend themselves.

    “They must remain impartial and silent, even in the face of unfair attacks. Though this silence is not weakness, but strength,” he said.

    Agu urged the NBA to ensure its members uphold judicial integrity, promote public trust in the justice system, and educate clients and the public on the judicial process.

    “If the Nigeria Bar Association fails to protect the bench, these incessant attacks on judges by lawyers will damage the reputation of the legal profession, cause the legal profession to lose credibility, undermine public confidence in the justice system and justice will be compromised,” he said.

  • BREAKING: Supreme Court frees PDP, Oyinlola’s lawyer, Kalejaiye, disbarred for misconduct

    The Supreme Court has set aside the May 21, 2015 decision of the Legal Practitioners Disciplinary Committee (LPDC) which disbarred Senior Advocate of Nigeria (SAN), Kule Kalejaye for engaging in professional misconduct.

    Kalejaye, who was once a lawyer to the Peole’s Democratic Party (PDP) and then Governor of Osun State, Olagunsoye Oyinlola, was found by the LPDC to have engaged in an ex-parte confidential communication with the Chairman of the 2008 Osun Governorship Tribunal, Justice Thomas Naron, a decision he appealed.

    In a unanimous judgment on Friday, a five-man panel of the Supreme Court upheld Kalejaye’s appeal on the grounds that the trial procedure at the LDPC was flawed. Justice Centus Nweze read the lead judgment.

    Details later.

  • LPDC dismisses petition against lawyer

    The Legal Practitioners Disciplinary Committee (LPDC) has dismissed a petition filed against a lawyer, Mr Olumayowa Owolabi, for alleged professional misconduct.

    The LPDC cleared him of allegations of abuse of court process as contained in a petition by another lawyer, Mr Lovely Ikponwosa Erhabor.

    The Committee held that the petition was baseless, and that it was Erhabor who should be on trial rather than Owolabi.

    LPDC held: “To our minds, it is the petitioner and not the respondent who should be standing trial before us for his brazen display of unethical strategies of frustrating and arresting judicial process of court through deceits and disobedience of court orders by his client, with his conspicuous and ominous approval.”

    Erhabor alleged that sometime in 2013, Owolabi obtained an injunction from the Federal High Court in a suit between West African Supply Vessel Service and Compact Manifold and Energy Services Limited.

    While an appeal on the order was pending, Erhabor claimed that Owolabi obtained another mareva injunction in respect of the same subject-matter from a vacation judge.

    Erhabor alleged that Owolabi used the mareva injunction to restrain the movement of his client’s barges despite the matter being on appeal.

    The petitioner had alleged that Owolabi conducted himself “in an infamous manner” contrary to the provisions of the Rules of Professional Conduct for Legal Practitioners.

    The respondent, who whose defence team was led by Chief Ifedayo Adedipe (SAN), had pleaded not liable to the complaint.

    Dismissing the petition, the LPDC, held: “We find and hold that there was nothing infamous or unprofessional in the respondent’s recourse to a mareva injunction to safeguard the said barges whose viability were imperiled by the petitioner’s device to move them out of jurisdiction…

    “We further find that the essence of this form of injunction is that it prevents an otherwise credible plaintiff from being handed a hollow judgment against a defendant who would long have removed assets such as cash or negotiable instruments or even chattels such as ships, aircraft, etc.

    “It is an extra-ordinary preservatory equitable remedy developed to meet the activities of the modern businessman in an ever-changing world,” LPDC held.

    LPDC held that where two lawyers are locked in a legal combat and one uses his knowledge of the legal processes to secure justice, no matter how irked or irritated his opponent is, the initial lawyer’s conduct cannot be described as infamous or a breach of the rules of professional ethics.

    “Indeed, the complainant has not been able to demonstrate to us and we so find, which of the rules of professional ethics in the 2007 Rule Book for the ethical conduct of legal practitioners that the respondent is alleged to have flouted.

    “Indeed, we further hold that it is not within the professional competence of the complainant or any lawyer at all to seek to suggest to the respondent or any other legal practitioner the appropriate remedy or legal option he should take among a series of options,” LPDC said.

    The committee noted that in the instant case, the complainant had suggested that the only remedy open to the respondent on behalf of his clients was to pursue contempt proceedings.

    But, Adedipe had argued that a party to a suit cannot prescribe to the other party how to exercise his right.

    “From the foregoing, we find and hold that the basis of the one count amended complaint, which is hinged on allegation of abuse of judicial process by the respondent, cannot stand.

    “For such allegation to stand, it must come within the confines of the definition of ‘abuse of processes…” LPDC said.

    The committee emphasised that there is abuse of process of court where there is a multiplicity of actions on the same subject matter against the same opponent on the same issues, or multiplicity of actions on the same matter between the same parties even where there exists a right to begin that action.

    LPDC held that there is abuse where there is the institution of different actions between the same parties simultaneously in different courts even though on different grounds, among others.

    “We hold that none of the factors itemised above has arisen in this complaint and thinking aloud, we wonder how the Investigation Panel and or the Complainant would have navigated its way had the respondent filed a cross-petition.

    “We must once again reiterate that the disciplinary process is not for able and competent legal practitioners who use the legal processes in a lawful and proper manner.

    “It is for the foregoing reasons that we find the amended complaint as described above ‘not proved’. Same is, therefore, dismissed,” LPDC held.

  • LPDC disbars PDP’s lawyer, Kalejaiye

    LPDC disbars PDP’s lawyer, Kalejaiye

    The Legal Practitioners Disciplinary Committee (LPDC) has ordered that a lawyer, Kunle Kalejaiye (SAN), be disbarred having been found guilty of professional misconduct.

    It directed the Chief Registrar of the Supreme Court to delete his name from the roll (list) of legal practitioners.

    Kalejaiye represented the Peoples Democratic Party (PDP) and former Osun State Governor Olagunsoye Oyinlola at the tribunal which heard the petition by the Action Congress of Nigeria (ACN) and its candidate in the 2007 governorship election.

    The case against Kalejaiye was that he, between March and June 2008, while acting for a party in the Osun State Governorship Election Tribunal, engaged “confidential, private and confidential telephone conversation with the tribunal’s Chairman, Justice Thomas Naron, without the knowledge of the other party.

    In a directive (judgment) issued yesterday, a five-man panel led by the President of the Court of Appeal, Justice Zainab Bulkachuwa, found that the complainant, the Nigerian Bar Association (NBA), represented by Jibrin Okutepa (SAN), proved its case of professional misconduct against Kalejaiye.

    The committee also directed that its decision should be served on the President of the Nigerian Bar Association (NBA), the 36 states’ chief judges, the chief judge of Federal High Court, chief judge of the High Court of the Federal Capital Territory (FCT), the inspector general of police and all commissioners of police.

    It also directed that the decision be published in the media.

    The Presiding Justice of the Court of Appeal, Ekiti Division, Justice Paul Galinje, who read the directive, held that the prosecution proved its three-count complaint and that Kalejaiye violated the provisions of sections 1, 15, 30, 31, 34 and 55 of the Rules of Professional Conduct for legal practitioners (2007).

    Kalejaiye’s lawyer, Niyi Owolade, a former Attorney General of Osun State, has objected to the LPDC’s decision.

    He said his client was about filing his appeal in the Supreme Court.

    Under the Legal Practitioners Act, Kalejaiye has up to 28 days to appeal the decision, failing which it will become effective.

    Section 11(8) of the LPA states that:   “A direction of the disciplinary committee under subsection (1) or subsection (2) of this section shall take effect:

    (a) Where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;

    (b) Where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

    (c)Where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed, and shall not take effect except in accordance with the foregoing provisions of this subsection.

    Justice Naron has since been compulsorily retired having been found guilty of professional misconduct by the National Judicial Council (NJC).

    The LPDC rejected Kalejaiye’s defence to the effect that his telephone number was cloned, on the ground that while he was able to show, by expert evidence, that spoofing, as a general phenomenon, was possible, he failed to prove that spoofing was possible on the MTN network (which owned the lines with which Kalejaiye and Naron communicated), rather than demonstrating such possibility on the Etisalat and Glo networks.

    The committee also faulted Kalejaiye’s documentary evidence, mostly newspaper publications (including advertorials), faulting the authenticity of the call log from MTN.

    The committee said it would have been more helpful had Kalejaiye applied and gotten his call log from MTN to prove that the one tendered by the prosecution was not the actual one.

  • NBA faults sack threat

    NBA faults sack threat

    Lawyers have faulted the Federal Government’s threat to fire striking university lectures should they fail to resume work tomorrow.

    The Nigerian Bar Association (NBA), who said the government was resorting to failed military tactics, urged the lecturers to reconsider their position in the interest of the students and the country.

    Also, a former Commander of the United Nations Multinational Peace Keeping Force in Angola, General Chris Garuba, faulted the nation’s economic policies and suggested the abrogation of some extant obnoxious laws.

    Chairman, NBA, Abuja,U.M Yaman, noted that “this is not the first time we have had threats from the government. During the military era government severally threatened to sack lecturers if they didn’t call off strike.

    “But we need to be realistic; lecturers have a right to go on strike and government has the right to employ those who they want. But the university sector is a peculiar one. So we need experienced lecturers.

    “How do you replace the hundreds of professors of the universities? About five universities in this country have hundred professors. So how do you replace them?

    “It is a threat that does not hold water; it does not go to any issue. I think the best thing for government is to look for an agreeable settlement with ASUU.

    “Also, we want to appeal to ASUU that you cannot continue strike indefinitely; there must be an end to strike.

    “If somebody has made an offer and which the public is beginning to see that government has shown genuine interest to end the strike, I think ASUU ought to meet and reconsider their position in the interest of students and the nation,” Yaman said.

    He spoke in Abuja yesterday at the opening session of the association’s Law Week.

    Garuba, who was the keynote speaker, faulted the pattern of leadership in the country, and observed that government policies have, over the years, failed to positively affect the people.

    He spoke on the theme:”Law, leadership and socio-economic transformation.”

    NBA President Okey Wali (SAN) said that the association had de-robed nine lawyers over unethical conduct.

    He said the NBA Legal Practitioners Disciplinary Committee (LPDC) would hear cases against 30 other lawyers this week.

    Wali, who was represented by the association’s General Secretary, Emeka Obegolu, raised the alarm over the increasing number of petitions bothering on discipline and ethics of the profession against legal practitioners, and expressed commitment to weeding out the bad eggs in the profession.

    The Chief Judge of the Federal Capital Territory (FCT) High Court, Justice Ibrahim Bukar, praised lawyers for their commitment to good leadership and the entrenchment of the rule of law in the country.

    He urged them to support the Bench to enable the judiciary retain its independence and impartiality needed for the sustenance of rule of law.

  • NBA raises prosecutors

    The Nigerian Bar Association(NBA) last week named new prosecutors to prosecute erring lawyers before the Legal Practitioners Disciplinary Committee.

    Speaking on the occasion, the NBA President, Okey Wali (SAN) said: “Pursuant to Order 5 Rule (1) and Order 6 of Legal Practitioners Disciplinary Committee (LPDC) Rules 2006, the Nigerian Bar Association is a party before the LPDC in the presentation of cases against legal practitioners.

    “To this end, the NBA is required to appoint legal practitioners to present cases before the said LPDC, where the Association is of the opinion that a prima-facie case is shown against a legal practitioner.”

    After receiving the mandate of the National Executive Committee meeting in Asaba, Delta State on November 29, 2012, we have constituted a group of NBA prosecutors.

    “They are:

    J.S Okutepa, SAN; Lawrence Oko Jaja, Abdul Ibrahim, Chinwe Aguma, Williams Abdul, T.T Hundu, Joshua E. Usman, and Afam Osigwe.

    The mandate of these prosecutors is to diligently prosecute the cases against lawyers against whom prima-facie cases of professional misconduct has been made.

    “I implore members of these committees to treat petitions with every sense of urgency. Join me to rid our profession of lawyers who engage in unethical practice in providing legal services to their clients.”