The Legal Practitioners Disciplinary Committee (LPDC) has exonerated the chairperson of the Body of Benchers, Wole Olanipekun, from culpability in the allegation of professional misconduct leveled against a partner in his law firm by the Nigerian Bar Association (NBA).
The LPDC made this known in a letter dated August 19 and addressed to Wole Olanipekun & Co.
The letter, a copy of which was published by The Gavel, said its preliminary review did not establish any case against Mr. Olanipekun, a former president of the NBA.
The NBA had petitioned the LPDC in July, accusing the partner in Mr. Olanipekun’s law firm, Adekunbi Ogunde, of soliciting for briefs for the firm. in alleged violation of the professional code of conduct for lawyers.
In what was widely seen as a case of influence peddling, Ms Ogunde informed the prospective client, Saipem Contracting Nigeria Limited, in a leaked memo, that the presence of Mr Olanipekun, a senior advocate and lead partner of the law firm, “will significantly switch things” in favor of Sapiem.
Mr Olanipekun is a former president of the NBA and currently chairs the Body of Benchers, one of the top regulatory bodies in Nigeria’s legal profession.
Ms Ogunde subsequently apologized for her action, adding that she wrote the letter without the authority of the law firm or the knowledge of Mr Olanipekun.
The law firm had also issued a disclaimer, saying Ms Ogunde was on her own.
Petition
But the NBA, in its 19 July petition, urged the LPDC, the disciplinary body established by law to deal with lawyers’ acts of misconduct, “to immediately commence the disciplinary process and prosecute ADEKUNBI OGUNDE Esq. for the violation of the sacred provisions of the Rules of Professional Conduct, particularly Rule 1 thereof.”
In the petition signed by the 1st Vice President of the NBA, John Aikpokpo-Martins, the association also urged the LPDC to determine whether Mr. Olanipekun and other partners of the firm “are not liable to be disciplined by this august body, seeing that the Respondent has the ostensible authority to act as a partner, and indeed acted for and on behalf of the said firm.”
LPDC clears Olanipekun
But the LPDC has now written to Wole Olanipekun & Co., exonerating Mr. Olanipekun and other partners in the law firm.
A copy of the letter dated August 19, which captured an extract of the LPDC’s preliminary findings, was made available on The Gavel’s website.
The document signed by the LPDC Secretary, Daniel Tela, stated that the preliminary review of the petition had shown there was no case against Mr. Olanipekun and his other partners.
The letter, a reply to an earlier letter dated August 17 by the law firm, only deals with the aspect of the petition concerning Mr. Olanipekun.
It is silent on the case against Mr. Ogunde, the main subject of the allegation.
“With response to the applicant’s prayer to consider whether the firm of Wole Olanipekun & Co are not liable to be disciplined, I hold the humble view that since there is no evidence to show that the Respondent indeed acted with the knowledge and consent of the Principal Partners,” the LPDC’s letter had read said in an excerpt.
Citing Mr Olanipekun’s consistent denial of any knowledge of the offending action from Ms Ogunde, the LPDC said, “accordingly, I see no merit in recommending further investigation against the partners of Wole Olanipekun &Co. I so hold.”
Background
It will be recalled that Ms Ogunde, who authored the controversial letter to the Saipem group, soliciting legal representation on behalf of Wole Olanipekun and Co, admitted making “careless representations and inferences” in her letter of 20 June.
She said her inferences to Olanipekun and Co’s relationship with judges “could have been easily interpreted to mean that the firm could help secure some advantage in court for Saipem.”
Retracting her allusion to influence peddling, Ms Ogunde said since joining Mr Olanipekun’s firm last December, no staff member had “engaged in any unwholesome or unethical practices” to suggest that the firm can somehow ‘influence’ judicial outcomes by improper means.”
In the wake of the scandal, Ms. Ogunde announced her decision to take a leave of absence from active legal practice to enable her to engage in community service and afford her the opportunity to clear her head of the mess.
The NBA had, after sending its petition to the LPDC, written to Mr. Olanipekun urging him to step down from his position as the chair of the Body of Benchers. The association cited his association with Ms Ogunde as the grounds for asking him to step down.
A group of SANs under the auspices of the Justice Reform Project (JRP) had also backed the NBA’s call.
But despite the NBA’s call, Mr. Olanipekun had, in his capacity as the chair of the Body of Benchers, presided over the recent call-to-bar ceremony admitting new lawyers into the Nigerian bar. It can be an indication that the NBA’s call on him to relinquish his position was rejected.
On the occasion of the call-to-bar ceremony, Mr. Olanipekun, in a veiled reference to the NBA’s petition, said the LPDC should not be used as a forum for settling personal scores.
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