The Nigerian Bar Association (NBA) has asked the Chairman of the Body of Benchers (BOB), Chief Wole Olanipekun (SAN), to recuse himself from his position to pave the way for the investigation of a partner in his law firm, Ms Adekunbi Ogunde.
NBA President, Olumide Akpata gave the directive in a letter addressed to Chief Olanipekun dated July 22, 2022, and titled, “Re: Petition Against Ms Adekunbi Ogunde By The Nigerian Bar Association For Alleged Misconduct.”
Ms Ogunde is to be investigated by the Legal Practitioners Disciplinary Committee, (LPDC) for an alleged act of professional misconduct.
The brief was said to be related to the ongoing $130 million case at the Rivers State High Court brought by the Rivers State government against Saipem Contracting Nigeria Limited.
Ms Ogunde was alleged to have written to one Mr. Caio Francesco of Saipem, claiming that her law firm, Wole Olanipekeun & Co., would be more influential in helping Saipem avert a potentially huge payout to the Rivers State government.
The law firm of Olanipekun has however dissociated from the letter purportedly written by Ms Ogunde, stressing that the letter was sent out without their authority.
NBA President, in yesterday’s letter requested Olanipekun to step aside to allow for due process and for the LPDC to carry out its duties without the BOB chairman coming under undue suspicion of impartiality.
Akpata stated that the LPDC, ”a Standing Committee of the BOB whose processes come under the supervision of the Chairman” to consider whether the partners of the firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body in view of the fact that the respondent, Ms Ogunde, has the ostensible authority to act as a partner and indeed acted for and on behalf of the said firm.
“Against the backdrop of your partnership relationship with Ms.Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession.
“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.
“By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.
“As Lord Denning put it “Justice must be rooted in confidence; and confidence is destroyed, when right-minded people go away thinking that the Judge is biased.” Consequent to the above, I am constrained to invite you to recuse yourself from the chairmanship of the BOB henceforth and to allow for the emplacement of an interim leader of the BOB, in order to enable the LPDC to carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality,” the letter stated.