BREAKING: Lawyers’ disciplinary committee jolts Afe Babalola, says it lacks jurisdiction to handle case, tells him to resolve grievances in regular courts
By Jeph Ajobaju, Chief Copy Editor
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“The publication is an intellectual property and not a conduct or action committed while practising as a legal practitioner.
“All aggrieved parties who find the publication ‘defamatory’ should ventilate their grievances through the regular courts” – LPDC
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A quest by Afe Babalola, SAN to take food away from Dele Farotimi’s table by getting him disbarred has been turned down by the Legal Practitioners Disciplinary Committee (LPDC) which says it lacks legal power to revoke the licence of the human rights lawyer fighting corruption in the judiciary.
The news on Tuesday doubles relief for the gallant activist and netizens’ hero, coming on the day he was released from detention after perfecting bail conditions imposed by an Ekiti Chief Magisterate’s Court which kept him behind bars for 21 days – for allegedly defaming Babalola.
As the cases against Farotimi on the same matter were unfolding in four separate courts – two in Ekiti, one each in Ibadan and Abuja – Babalola’s law firm had also petitioned the LPDC to inflict all round punishment on the activist.
But the LPDC held that it lacks the requisite jurisdiction to delve into issues relating to the allegation of criminal defamation and professional misconduct brought against Farotimi by the law firm of Emmanuel Chambers, the law firm of Babalola.
Emmanual Chambers in the petition urged the LPDC to disbar Farotimi by removing his name from the roll of legal practitioners in Nigeria over his alleged defamation of Babbalola in his book Nigeria And Its Criminal Justice System.
The 90-page petition dated December 6, signed by Ola Faro – a partner in the firm – alleged that Farotimi in the book violated the rules of professional conduct for lawyers.
Among others, it accused Farotimi of
- Acting in breach of Rules 1, 15(1), 15(2b), 15(3a), 15(3g), 15(3i), 15(3j), 26(1), 27(1), 30, 31(1), (2) and (4) of the Rules of Professional Conduct 2023 “by bringing the entire judiciary in Nigeria into disrepute with his unfounded allegations of corruption against eminent justices of the Supreme Court of Nigeria, judges of the High Court of Lagos State, Aare Afe Babalola, SAN, Olu Deramola, SAN, and Ola Faro, Esq., and the entire chambers of Afe Babalola & Co. in his book.”
- Engaging in conduct unbecoming of a legal practitioner by making false accusations against the Supreme Court and the legal profession.
- Participating in unlawful conduct by bribing judicial officers and gaining unlawful access to a judicial officer.
The petition also accused Farotimi of having
- “Joined his clients in committing misconduct and breach of law with reference to judicial officers by having unlawful access to a judicial officer. He gave service to his client, which he knows is capable of causing a breach of law and disrespect and corrupting a judicial officer. He knowingly made a false statement of law and facts with respect to a case already decided by the Supreme Court.
- “Assisted his clients in a conduct that he knows to be illegal and fraudulent. Knowingly engaged in illegal conduct in the course of his practice as a legal practitioner. Treated his fellow lawyers without respect, fairness, consideration, and dignity, allowing ill feelings between opposing clients to influence his conduct and demeanour by distorting the facts of a case in the cause of his practice as a legal practitioner.
- “Failed to observe good faith and fairness in dealing with other lawyers in respect to a case already decided by the Supreme Court. Conducted himself in a manner that obstructed, delayed, and adversely affected the administration of justice by taking steps to frustrate a decision of the Supreme Court for his personal benefit and the benefit of his client, who lost at the Supreme Court.
- “Treated the court, particularly the Supreme Court, without respect, dignity, and honour by using uncouth, unprofessional, undignified, and offensive language against the Supreme Court and the justices of the Supreme Court. Made defamatory statements against judicial officers rather than making a complaint to appropriate authorities.”
- “Indicated that he discussed a pending case with a judge trying the case in the absence of an opposing lawyer. The contravention of these rules by the Respondent [Farotimi] prompted this petition to protect the dignity of the legal profession and the dignity of the court as the temple of justice and to uphold the standards of the legal profession.”
Besides, the petition argued that some statements in the book had the potential to inflame the legal profession and society, and that the corruption allegations were made to discredit the Nigerian judiciary and to subject the law firm to ridicule so as to damage its hard-earned reputation and financial standing.
But The LPDC, in its report marked B8B/LPDC/1571/2024, held that all the offences listed by the petitioners occurred in Farotimi’s capacity as an author and not during his practice as a legal professional, therefore, the LPDC lacks jurisdiction to address complaints about the publication.
“The publication is an intellectual property and not a conduct or action committed while practising as a legal practitioner.
“All aggrieved parties who find the publication ‘defamatory’ should ventilate their grievances through the regular courts,” the LPDC led by Justice Ishaq Bello explained.
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