Olanipekun warns lawyers against using disciplinary committee to settle personal scores
The Chairman, Body of Benchers (BOB), Mr Wole Olanipekun, SAN, has advised lawyers not to see the Legal Practitioners Disciplinary Committee (LPDC) as a forum for settling scores with imaginary enemies.
Olanipekun made the call on Wednesday in Abuja at the Call to Bar ceremony for 1,491 new lawyers, held by the BOB at its secretariat in Jabi.
According to Olanipekun, the LPDC, as an independent agency of the BOB, serves solely as an avenue through which it exercises the power to discipline any erring legal practitioner.
“Over the years, the LPDC, has continued to operate as an independent arbiter, enjoying absolute independence in the course of carrying out its assignment.
“The Body of Benchers does not and will not interfere with any of the proceedings or outcome of such proceedings before the LPDC.
“It is important to point out that the LPDC is not an avenue for dealing with perceived enemies or ventilation of grievances against fellow lawyers on personal issues.
“The decision of the LPDC is known as direction, and any appeal against the direction goes directly to the Supreme Court,” he said.
He said the body was concerned over what he described as the unethical practice of forum shopping and hinted of plans to evolve regulations to address the problem.
“You are no doubt aware of the disturbing trend of forum shopping in Nigeria, a very reprehensible conduct introduced to the practice of law recently.
“This is the act whereby litigants and legal practitioners shop for ‘friendly venues and judexes’ to file and litigate otherwise frivolous and questionable causes, purportedly arising out of the jurisdictions where the actions are eventually filed, pursued and prosecuted.
“This ugly practice is permeating the entire Nigerian legal landscape, leading to the churning out, on regular basis, of conflicting orders and decisions of courts of coordinate jurisdictions.
“As a result of this, the legal profession is being brought to disrepute and opprobrium, leading to tirades, venoms and uncomplimentary remarks and sentences being passed on the legal profession and some of our judges.
“Be informed that the BOB, by virtue of the powers conferred on it by Section 10 (1)(c) of the Legal Practitioners Act has now set up a regulations committee, empowered to make regulations for the decent practice of law in Nigeria.”
He also said the committee had submitted a draft regulation to the BOB and the regulations, when approved, would become binding on all legal practitioners.
This, he said would restrict them to initiating and filing causes and matters where the said causes of action arise or as provided by the rules of the adjudicating courts.
“Just as it is provided under the Matrimonial Causes Rules, lawyers will be required to sign and file certain forms and documents, indicating compliance with the regulations before filing any originating process at trial courts.
“Any infraction or breach of the regulations would amount to professional misconduct,” Olanipekun said.
The senior lawyer who is a former President of the Nigerian Bar Association (NBA), stressed the need for lawyers to always uphold the time-tested morals and ethical standards of the legal profession.
“I admonish you all to carefully and soberly go through the provisions of the rules of professional conduct in the legal profession, as the rules regulate all your conducts
“Be it as a practicing lawyer in private legal practice or in any of our various ministries of justice, or as a solicitor, working in any private establishment, institution, company, organization or body.
“You should not assume that the rules are meant to regulate and control legal practitioners in what is commonly known as ‘active legal practice’ or the private Bar.”
He added that adherence to the rules was a condition precedent to success at the bar and the legal profession.
“I plead with you, as you join the bar, to always strive at being an added value to the nobility, honour, dignity and respect of the profession, rather than coming to deplete and discount the established virtues the profession has stood for over the ages.”
Also speaking, the Director-General of the Law School, Prof. Isa Hayatu-Chiroma said that the ceremony had to be shifted from Bwari to the BOB complex due to threats by terrorists and bandits to attack the Law School.
He said that the graduands had been found worthy in character and in learning hence their induction into the Nigerian Bar as lawyers.
Ciroma appreciated the Chief of Defence Staff, Chief of Army Staff, the Inspector -General of Police, Director- General of State Security Services (DSS,) Civil Defense Commandant and Federal Road Safety Corps (FRSC) for providing adequate security.
