By Gideon Njoku
If the desires and protests of Lucius Nwosu, SAN, are granted, Wole Olanipekun, SAN, will not be the Chairman of the Body of Benchers, BoB
Olanipekun desires to be, as a crowning glory to his very successful and lucrative career as a lawyer, having, also, been the President of the prestigious Nigeria Bar Association.
But that crown may slip through his hand, no thanks to a petition and suit against him.
Nwosu, a Porthacourt based senior lawyer of about 40 years, says Olanipekun is not fit to be the Chairman of the Body of Benchers, a body which membership includes all the Supreme Court Judges, serving and retired, as well as the Heads of other Courts in Nigeria, and the Headship of the NBA. He says allowing Olanipekun to be the Chairman, or even to contest, is an insult on the respected BoB. He says Olanipekun, allegedly, does not have the integrity to occupy that position. His occupation of it, he insists, would lower the standard, and would, therefore, be bad for both the BoB and the Legal Profession. His desire is that Olanipekun be disqualified or his application for the position, withdrawn by the NBA.
In suit NO. PHC/175/CS/2022, Nwosu seeks to stop and/or disqualify Olanipekun from contesting.
He has notified the President of the NBA, Olumide Akpata, of the suit, and also, copied, Olanipekun.
Defendants in the suit are:
* Olusegun Awonuga
* Chied Wole Olanipekun, SAN.
* The Body of Benchers.
Nwosu gives his reasons for his desires.
One of the reasons he gave is that Olanipekun “has unfortunately over the years progressively carried on a practice which has finally culminated in his condemnation in unanimous decisions of the Supreme Court and Final Court of the Land in the strongest of terms, such that he cannot possibly be said to have acquitted himself of that pre-condition set down by the enabling statute.”
Therefore, he said: “I am of the considered view that it will be in his interest and I dare say, the larger interest of the Nigeria Bar Association/Legal Profession that he be advised to refrain from bidding for the Chairmanship of the Body of Benchers, failing which the Bar should politely withdraw his candidacy.”
Following is Nwosu’s notification to both the President of the NBA and and Olanipekun:
LUCIUS E. NWOSU (SAN) & PARTNERS
SOLICITORS & TRIAL LAWYERS
27 OHAETO STREET D/LINE
P.O. BOX 7459, PORT HARCOURT 5000001 NIGERIA e-mail: [email protected]
TEL: +234-84-813527, 08061157940
17th February, 2022
The National President
Nigeria Bar Association NBA House Abuja.
Dear Sir,
RE: SUIT NO. PHC/175/CS/2022
LUCIUS E. NWOSU, SAN Claimant
vs.
NOTIFICATION OF PENDENCY OF LITIGATION OF EXTREME BAR SIGNIFICANCE
“I am a Legal Practitioner of considerable 40 years practice/ seniority and member of the Inner Bar since 2004. I have equally served for four years at the Legal Practitioners Privileges Committee under late Hon. Mr. Justices Legbo Idris Kutigi and Alloysius I. Katsina-Alu both former Chief Justices of Nigeria now deceased. I am upto date in my financial obligations to the Nigeria Bar Association,
ABUJA LIAISON – NO 104 EBITU UKIWE ST. JABI DISTRICT, FCI NIGERIA
“I find it very compelling to bring to my President’s attention the substance of the subject suit which was commenced by originating summons at the Rivers State High Court.
The lawsuit seek the interpretation of Section 3 of the Legal Practitioners Act Cap L 11 which set out the criteria for admission of Legal Practitioner into the Prestigious Body of Benchers to wit — that the person should be of the Highest Distinction in the Legal Profession.
“It is submitted that such Highest Distinction shall enure prior to and throughout the period such person shall be a member of that body.
“It has come to my knowledge that Chief Wole Olanipekun SAN was one such member representing the Bar Association at the Body of Benchers. He has unfortunately over the years progressively carried on a practice which has finally culminated in his condemnation in unanimous decisions of the Supreme Court and Final Court of the Land in the strongest of terms, such that he, cannot possibly be said to have acquitted himself of that precondition set down by the enabling statute.
“I am of the considered view that it will be in his interest and I dare say, the larger interest of the Nigeria Bar Association/ Legal Profession that he be advised to refrain from bidding for the Chairmanship of the Body of Benchers failing which, the Bar should politely withdraw his candidacy.
“In making this representation, I call in aid the unanimous decision of a Full Supreme Court in the case of Biobarakuma Degi Eremienyo & Ors Vs. Peoples Democratic Party & Ors (2021) 16 NVVLR (Pt. 1800) 387, @ P. 405 Paras B-D.
‘As it is, I cannot believe, and I say this with tears in my eyes, I cannot believe that in my lifetime, I would see very senior members o the Bar bring Applications of this nature to this court, which are aimed at desecrating the sanctity of this court; violating the well-known principle that the decisions of this court are final; and destroying the esteem, with which this court is held.
The two application filed by the two sets of Applicants are vexatious, they are frivolous, and they are without doubt, a gross abuse of court process.
Costs of 10 Million Naira each are awarded against the first and second Applicants and the third Applicant respectively, and in favour of the first, Second and 3rd Respondents, to be paid personally by their respective counsel…’
Per Amina Adamu Augie JSC who read in the lead.
“It is important that the full weight of each carefully selected word, adjective and sentences deployed by the Supreme Court of Nigeria in condemnation of our learner Senior Lawyer is un-precedented in Nigeria, if not in the entire commonwealth.
“It is similarly more significant that there is no parallel in recorded judicial history in this country where a Senior Lawyer is mulcted with humongous costs of (Thirty Million Naira) and ordered to be paid personally by himself. He has defiantly refused to pay the costs awarded by the Supreme Court as at my last inquiry, not that if would have made a difference if he had paid same.
“Mr. President, the position is more complicated given the fact that the Honourable Chief Justice of the Federation and all the Learned Law Lords of his condemning Supreme Court are statutory members of the Body of Benchers. Ditto all the heads of strategic courts in Nigeria. It will, therefore, be irreconciliable with decency that the person put forward by the Bar Association should sit as
Chairman of the highest policy Body where ethics and regulation of the Legal Profession will be discussed and formulated, with these eminent jurists seated as plebians, at the Chairman’s foot stool.
“As though the un-edifying situation above is not enough, one of the responsibilities of the Chairman of the Body of Benchers is to sign the Call to Bar Certificates of New Wigs and deliver the exhortations as to character, carriage and respect for the courts.
“There will certainly arise the ugly and irreconcilliable situation where the bearers of those certificate will be citing the judicial precedent of the condemnation by the Highest Court of the very member of the Bar who signed those certificates.
“Mr. President, I do not have anything to gain or lose personally by Chief Olanipekun SAN remaining in, or becoming Chairman of the Body of Benchers, but I would rather not be your goodself as President and alter ego of the Nigeria Bar Association, when this tragic circumstances will be ascribed to your tenure. Hence this urgent note of caution.
Kindly remain assured of my highest of esteem, in the hope that his Grace will permit you to see beyond the present, in creating precedents.
“We should be seen to have put our est foot forward from our membership of that august body.
“Copy:
Chief Wole Olanipekun SAN
God’s Grace Chambers, 6 Oshakiti Close Abuja.”
As at the time of writing this, we couldn’t confirm any reaction by either Chief Wole Olanipekun, SAN, or by the President of the NBA, Olumide Akpata.
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