Court strikes out suit against Olanipekun, NBA on body of benchers dispute

A High Court of the Federal Capital Territory (FCT) has struck out a suit filed by Abuja-based lawyer Chidinma Udebuani, seeking to remove former Chairman of the Body of Benchers, Chief Wole Olanipekun SAN, from office.

Justice Anthony Ebong, who struck out the suit, held that the issue in dispute had already been overtaken by events, as Olanipekun had completed his term.

He also noted that the plaintiff and her counsel had abandoned the case.

Former Attorney-General of the Federation, Chief Kanu Godwin Agabi SAN, represented Olanipekun in the case.

Justice Ebong struck out the suit following Agabi’s application, citing the absence of the plaintiff and her counsel in court.

The court agreed with Agabi that the plaintiff’s absence strengthened the argument that the matter had become academic.

Chidinma had filed the case at the FCT High Court registry on August 2, 2022, asking the court to compel Olanipekun to vacate the office of Chairman of the Body of Benchers and to declare null and void the Call to Bar ceremony he presided over on July 27, 2022.

Other parties named in the suit included the Body of Benchers (BoB), Ms Adekunbi Ogunde, the Nigerian Bar Association (NBA), the Legal Practitioners Disciplinary Committee (LPDC), the Inspector General of Police (IGP), the Attorney General of the Federation and Minister of Justice (AGF), and Mr. Olumide Akpata as the 1st, 3rd, 4th, 5th, 6th, 7th, and 8th defendants, respectively.

Chidinma, in an affidavit supporting the case, cited an email written by Ms. Adekunbi Ogunde to SAIPEM Construction Nigeria Limited, promising that her principal partner and Body of Benchers Chairman, Chief Wole Olanipekun, used the influence of his office to sway judges on behalf of clients.

In response to negative reactions to the email, the NBA requested the LPDC to investigate whether the partners of the law firm of the BoB Chairman, including the Chairman himself, should face charges of professional misconduct, given that the actions of a partner bind the other partners.

The NBA also requested Olanipekun to step aside from office pending the outcome of the investigation by the LPDC, to ensure an impartial inquiry, as the LPDC operates under the auspices of the BoB.

However, in her originating summons, Chidinma asked the Court to address several questions, including:

Whether the contents of the email sent by the 3rd defendant to SAIPEM Construction Nigeria Limited, on behalf of the 2nd defendant’s law firm, constituted a confessional statement under Section 27 of the Evidence Act 2011.

Whether the email from the 3rd defendant to SAIPEM Construction Nigeria Limited, made on behalf of the 2nd defendant’s law firm, was an indictment on the 2nd defendant, warranting his removal as Chairman of the Body of Benchers.

Whether the actions of the 2nd defendant in presiding over the call-to-bar ceremony of the 1st defendant and issuing certificates of call to bar to new wigs, despite requests to recuse himself, were null and void.

Whether the email from the 3rd defendant to SAIPEM Construction Nigeria Limited, claiming successful influence over judges in other cases involving companies like MTN Nigeria, Equinox, and Shell Petroleum, and not rebutted by these companies, warranted a review of cases won by the law firm of the 2nd defendant in the interest of justice.

Whether the 6th defendant should conduct a full investigation into the testimony of the 2nd defendant, while the 5th defendant handles the disciplinary aspects of alleged professional misconduct.

Chidinma further asked the Court for several declarations and orders against the defendants, including:

Declaring null and void all resolutions reached at the Body of Benchers meeting held on July 26, 2022, where the 2nd defendant presided.

Declaring null and void the call to bar ceremony presided over by the second defendant.

Ordering the second defendant to vacate his seat as Chairman of the Body of Benchers.

Directing the Vice Chairman of the Body of Benchers to sign the certificates of call to bar for new lawyers, and declaring all actions by the 2nd defendant from July 20, 2022, void.

Mandating the 6th defendant to conduct a thorough investigation, with media coverage, into alleged subversion of justice and procurement of judgments by the law firm of the 2nd defendant.

Directing the 7th defendant to review all cases won by the law firm of the 2nd defendant in the last ten years, based on the claims in the email from the 3rd defendant.

Compelling the 4th defendant to confer an exemplary honorary award at its annual conference on Mr. Odein Ajumogbobia, SAN, for his service.

Commending the 30th president of the 4th defendant for his leadership.

Due to the persistent non-appearance of the plaintiff and her lawyer in court, Justice Ebong deemed the suit abandoned and subsequently struck it out.