By Lillian Okenwa
When the Acting Chief Justice of Nigeria (CJN), Hon. Justice Olukayode Ariwoola recently announced that the challenges of the legal profession are self-inflicted, he did not mince words. Delivering a keynote address at the NBA Section on Legal Practice (SLP) 2022 Annual Conference in Asaba, Delta State, the Acting CJN held thus: “In Nigeria, the challenges of the legal profession are self-inflicted. In such situations, the Nigerian Bar Association has a burden to ensure that legal practitioners keep to the ethics of the profession.”
His Lordship’s statement continues to reverberate; particularly in these times when the bar in Nigeria is on the spotlight for the wrong reasons.
Nigerian lawyers are presently divided in their opinion about the Body of Benchers (BoB) attitude in their last meeting towards the letter written by the President of the Nigerian Bar Association (NBA), Olumide Akpata. Akpata in the letter requested that the Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun (SAN), recuses himself while a petition for professional misconduct against a Partner in his law firm is being investigated.
Even more troubling is the statement of the BOB Chairman who while addressing newly inducted lawyers days ago, told them to beware of persons who will want to pull them down at the height of their success. Differing views have visited these two separate incidents and others that emerged within this period. Here are some comments from Nigerian legal practitioners.
According to the Law Professor and a former Chairman of the National Human Rights Commission (NHRC) Chidi Anselm Odinkalu, “This report is a sad reflection on the BoB, with the most profound of respects. It is not about taking sides. For the sake of its credibility, even if the matter was not listed on the agenda, what happened to AOB? So, there were four past NBA presidents, two former Chief Justices, NBA representatives at the meeting, online and in the hall, including the former NBA reps who have become Life Benchers, and not a whimper?
“The issue of service is a distraction. My understanding is that the letter was hand-delivered to the BoB secretary, 150 copies. It was sent to all members also by e-mail. The BoB Secretary reportedly declined to circulate the hard copy to members. So there is no excuse. For four hours the BoB met. This is like Buhari going to Liberia after three members of the Brigade of Guards were killed in Abuja! The fact that this matter was not raised should frighten us all. It really should. Tomorrow, my brother, Jibrin Okutepa, SAN, will complain about indiscipline at the Bar. Like seriously real…?!”
NBA 1st Vice President, John Aikpokpo-Martins had his say. “We conveniently forget that all the representatives of the NBA in the BoB are all representatives of the NBA just like the president of the NBA in the BoB. They were sent there by the NBA to represent us. Like I always say, we never send real bar men there. 70% of our representatives in statutory bodies know next to nothing about the interest of the NBA. Anyway, we have done our part and history will be kind to us. I am extremely very proud of my brother, Olumide Akpata, and prouder still that history will record my signature on the petition to the LPDC.”
But Ikeazor Akaraiwe, SAN, a former 1st Vice President of NBA was of the opinion that Akpata should have raised the matter when everyone was silent. “Why would he want other people to raise the matter on his behalf? Is he not the president of the NBA to whom the majority of lawyers gave their mandate? Did he specifically delegate the authority to raise the matter to any other person, and the person did not? Did he not write that letter on the NBA letterhead and in the name of the NBA? In any case, since Olumide was in the meeting, albeit virtually, He should have raised it.”
However, Charles Okeibunor, lawyer and workplace transformation expert differed. “May I respectfully differ? Why would Olumide Raise it? Nemo judex in causa sua is trite. It is our principle. Assuming Olumide is not President. Is it not a personal disgrace to every member of the bar that our learned and revered senior ignores to recuse himself in a matter that affects him? Shouldn’t it be without saying? As a matter of personal integrity, this is what we should do. This is what we expect from every civilization, no less from lawyers.
“In the developed world, I shudder when a mere unfounded accusation precipitates resignation just to maintain integrity. Why should I write a letter, circulate it, and also champion it? Assuming without conceding that he was wrong, shall we say that if a member of the bar wrote that letter, it will take the author’s attendance for it to be raised? Assuming without conceding that he was wrong, shall we say that if a journalist who isn’t a member of the profession raised the concern, it will not be a subject of discussion in the meeting of nobles?
“Why are we called the noble profession? We are not rabble-rousers. We are gentlemen of the highest level of dignity and honour. In the final analysis. There is No blame in this game. It appears the shame is on us all.”
Bringing an interesting perspective to the debate, Akpata noted that this entire debate is ongoing because an influential lawyer is involved. “That is our system, hypocrisy and double standard all the way. “If na one lawyer wey no get Papa, wey no get Mama, they will be shouting, preaching like an archbishop… We play double standard, We like to pontificate, We are hypocrites.”
During the recent Call to Bar ceremony, Olanipekun who saw the letter and call to recuse himself as an affront counselled the new wigs. “Appreciate those amongst you who are doing well rather than trying to pull them down. In other words, do not get enrolled in either a PHD course or School. And by PHD, I mean, Pull him/her down… I pray that in due season when God elevates each and every one of you and you become the cynosure of eyes, may no power principalities or blackmailer be able to bring you down.”
Dismayed at this position, Akaraiwe, SAN said: Your partner wrote a letter to an organisation soliciting them to become clients to your firm, and seducing them with your chairmanship of the Body of Benchers, and in fact advertising you as being above all judges and lawyers in the country.
“Now, the NBA requests you to recuse yourself from leading the BoB, which is the body saddled with the responsibility of disciplining any legal practitioner in Nigeria, until the investigation and disciplinary proceedings proposed to be undertaken against your partner and possibly all other partners of your firm are determined. And you say that the call to recuse yourself amounts to blackmail or pull-him-down syndrome??? Haba!
Curiously, an associate of Chief Olanipekun and a Senior Advocate of Nigeria Yomi Aliyu has brought tribalism into the debate. Chief Aliyu has threatened to mobilise Yoruba lawyers to defend the BoB chair.
Advocating that this indeed is a dreadful mindset, a former Vice Chair of NBA Abuja, Mrs. Ogechi Abu remarked: “For a SAN to drag tribalism into an objective professional matter, then cite a clear case of professional misconduct as an example of victimisation of a tribe is sad. Is anything more disheartening coming from such an exalted rank? What then can possibly be the justification to penalise any lawyer in this jurisdiction???? The show of shame is at the highest level.”
Insisting however that this contentious matter was brought to the public space by Henry Odein Ajumogobia, SAN is gaining traction because ‘big men’ are involved, Damilola Mumuni, a Lagos lawyer told his story.
“In 2019, I sued a lawyer at the Ikorodu Magistrate Court, where I obtained judgement against him in the sum of N450,000 after he had fraudulently represented that he had land to sell to me for farming purposes and he had none to show me or deliver possession.
“My decision to take him to court was because after two years he did nothing. This lawyer did not appear in court and only told me he would not comply with the judgment and would frustrate any attempt to enforce same since he also is a lawyer. On the basis of his threat, I decided to file a petition against him, and till date nothing has been done.
“I involved Lagos branch which is my Branch, Ikorodu Branch; the branch of the lawyer, and now LPDC. At the level of the branches, there was this reluctance to take action, especially in my branch where the claim was that the lawyer is not a member of the branch. The lawyer’s branch was only trying to tell me to settle and all that. The lawyer’s boss pulled his weight and nothing was done.
“Now at the LPDC level, we have since joined issues but nothing has been heard. I ordinarily believe that in this age of technological advancement, we should be more proactive in addressing issues of this nature and not wait until a big fish is caught. Now about three years after my judgement and almost two years after filing at the LPDC, this lawyer is walking freely without any consequence and I’m made to look like a fool for trusting the system.”
All said, the question is — Are the challenges of the legal profession in Nigeria self-inflicted? Answers are still awaited.
