The elite panel that handles disciplinary cases of lawyers in Nigeria has thrown out a lenghty petition by the firm of senior advocate Afe Babalola seeking to take away the license of fellow lawyer Dele Farotimi who has now assumed the status of a hero.
Legal Practitioners Disciplinary Committee, LPDC, led by Justice Ishaq Bello held that it lacked 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 Afe Babalola.
The law had in a 90-page petition of December 6, 2024 asked the LPDC to debar Farotimi specifically by removing the lawyer’s name from the roll of legal practitioners in the country.
In its verdict, the LPDC said in its report marked B8B/LPDC/1571/2024, it was satisfied that all the offences that were listed by the petitioners occurred in Farotimi’s capacity as an author and not during his practice as a legal professional.
The Legal panel maintained that it was without the jurisdiction to address complaints about publications, andconcluded by enjoining the aggrieved parties to seek redress in regular courts.
“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,” said the LPDC.
The petition signed by a partner Ola Faro had alleged that Farotimi violated certain provisions of the rules of professional conduct for lawyers in his contentious book titled “Nigeria And Its Criminal Justice System.”
Specifically, Farotimi was accused 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.”
Read also: Dele Farotimi: Afe Babalola should seek the truth, not vengeful retribution
Insisting that Farotimi engaged in conduct that was unbecoming of a legal practitioner by making false accusations against the Supreme Court and the legal profession, the petitioners further alleged that he participated in unlawful conduct by bribing judicial officers and gaining unlawful access to a judicial officer.
The petitioners alleged that Farotimni “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.
“He 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.”
The petition claimed that the author “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.”
According to the petition statements in the book had the potential to inflame the legal profession and society, maintaining 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.
Farotimi had been arraigned before the Federal High Court in Ekiti State and an Ekiti State Magistrates’ Court, Ado-Ekiti, for alleged criminal defamation was released on Monday after meeting his bail conditions and he has since said upon release that he has never lied against anyone.
The Legal Practitioners Disciplinary Committee (LPDC) as it is called is a statutory committee established by the Legal Practitioners Act (LPA) in Nigeria and responsible for investigating and disciplining legal practitioners who have committed misconduct or breached the Rules of Professional Conduct.
The functions of the LPDC are to investigate complaints against legal practitioners alleging misconduct or breach of professional conduct; impose disciplinary measures, such as warning, reprimand, suspension, or striking off the roll, on legal practitioners found guilty of misconduct; conduct hearings to determine the guilt or innocence of legal practitioners accused of misconduct and also to hear appeals from decisions of the LPDC.
The panel is composed of a Justice of the Supreme Court or a retired Justice of the Supreme Court and shall have 10-15 members, including 2-3 Justices of the Court of Appeal; 2-3 Judges of the High Court; 2-3 legal practitioners of not less than 10 years’ standing and 1-2 representatives of the Nigerian Bar Association (NBA).
The panel shall have powers to summon witnesses and require them to give evidence; inspect and seize documents relevant to an investigation and impose penalties, including fines, suspension, or striking off the roll.
The objectives of the LPDC are to maintain professional standards_: Maintain high professional standards among legal practitioners; protect the public_: Protect the public from unprofessional conduct by legal practitioners and to promote public confidence in the legal profession.
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