LPDC exonerates Olanipekun from NBAs allegation

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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 19 August 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 Olanipekuns 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 the Nigerias legal profession.

Ms Ogunde had subsequently apologized for her action, adding that she wrote the letter without the authority of the law firm or 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 19 August, which captured an extract of the LPDC’s preliminary findings, was made available on The Gavels 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 17 August 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 applicants 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 LPDCs letter had read said in an extract.

Citing Mr Olanipekuns consist denial of any knowledge of the offending action from Ms Ogunde, the LPDCsaid, “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 Cos relationship with judges could have been easily interpreted to mean that the firm could help secure some advantage in the court for Saipem.

Retracting her allusion to influence peddling, Ms Ogunde said since joining Mr Olanipekuns 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 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 Olanipekunurging 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 NBAs call.

But despite the NBAs call, Mr Olanipekun had, in his capacity as the chair of the Body of Benchers, presided over the recent call-to-bar ceremonyadmitting new lawyers into the Nigerian bar. It can as an indication that the NBAs call on him to relinquish his position was rejected.

At the occasion of the call-to-bar ceremony, Mr Olanipekun, in a veiled reference to the NBAs petition, said the LPDC should not be used as forum for settling personal score.

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