Legal luminary, Aare Afe Babalola, SAN, has taken a step
further in the expression of his anger against Lagos-based legal practitioner,
Dele Farotimi over the alleged defamation of his character.
The elder statesman, through his law firm, has written a
petition to the Legal Practitioners Disciplinary Committee, LPDC, asking that
Farotimi’s name be removed from the roll of legal practitioners in Nigeria.
According to the petitioner, as Channels Television
reported, Farotimi had allegedly violated certain provisions of the rules of
professional conduct for lawyers.
A partner in Babalola’s law firm, Ola Faro, who was also
mentioned in Farotimi’s book, “Nigeria and its criminal justice system,” signed
the 90-page petition dated December 6, 2024.
The petition is titled “Petition against Tomilola Titus
Farotimi also known as Dele Farotimi Esq, a Nigerian lawyer called to the
Nigerian Bar with his name on the roll of legal practitioners kept by the
Supreme Court for violation of extant rules of professional conduct for legal
practitioners rules 1, 15(1), 15(2B), 15(3A), 15(3G), 15(3I), 15(3J),26(1),
27(1), 30, 31(1), (2) and (4) of the rules of professional conduct 2023 by
bringing the entire judiciary in Nigeria into dispute with his unfounded allegations
of corruption against eminent justices of the Supreme Court of Nigeria, judges
of High Court of Lagos State, Aare Afe babalola, SAN, Olu Daramola SAN, Ola
Faro Esq., and the entire chambers of Aare Afe babalola & Co in his book
titled ‘Nigeria and its Criminal Justice System.’
Faro said that the petition was written both in his personal
capacity “and for and on behalf of the law firm of Afe Babalola & Co.”
He gave a background of the facts of the case and detailed
the alleged contraventions of the rules of professional conduct by the
respondent, Farotimi.
The petitioner highlighted that Farotimi “engaged in conduct
which is unbecoming of a legal practitioner by making false accusations against
the Supreme Court and the legal profession.”
The petitioners also stated that Farotimi “Participated in
conduct that he believes to be unlawful by bribing judicial officers and having
unlawful access to a judicial officer.
“Joined his clients in committing misconduct and breach of
law with reference to judicial officers by having unlawful access to a judicial
officer.
“Gave service to his client which he knows is capable of
causing a breach of law and disrespect and corrupting a judicial officer.
“Knowingly made false statements of law and facts in respect
to a case already decided by the Supreme Court.
“Assisted his clients in a conduct that he knows to be
illegal and fraudulent.
“Knowingly engaged in illegal conduct in the cause of his
practice as a legal practitioner.
“Treated his fellow lawyers without respect, fairness,
consideration and dignity, allowing ill feeling between opposing clients to
influence his conduct and demeanour by distorting the facts of a case in the
cause of his practice as a legal practitioner.
“Failed to observe good faith and fairness in dealing with
other lawyers in respect to a case already decided by the Supreme Court.
“Conducted himself in a manner that obstructed, delayed and
adversely affected the administration of justice by taking steps to frustrate a
decision of the Supreme Court for his personal benefit and benefit of his
client who lost at the Supreme Court.
“Treated the court, particularly the Supreme Court without
respect, dignity and honour by using uncouth, unprofessional, undignified and
offensive language against the Supreme Court and the justices of the Supreme
Court.
“Made defamatory statements against judicial officers rather
than making a complaint to appropriate authorities.
“Indicated that he discussed a pending case with a judge
trying the case in the absence of an opposing lawyer.”
The petitioners stated that “The contravention of these
rules by the Respondent (Farotimi) prompted this petition to protect the
dignity of the legal profession, the dignity of the court as the temple of
justice and to uphold the standards of the legal profession.”
They also noted that some of the statements made in
Farotimi’s book are likely to set the legal profession and society ablaze and
that those statements were made to discredit the entire Nigerian judiciary,
Justices of the Supreme Court, judges of the High Court of Lagos State, their
law firm and to ridicule them within the legal profession and injure their
hard-earned reputation and financial credit.
The Legal Practitioners Disciplinary Committee, LPDC, is the
regulatory body that investigates and addresses misconduct among Nigerian
lawyers.
The LPDC ensures that legal practitioners adhere to ethical
standards and professional conduct.
Farotimi was recently sent back to jail after the ruling on
his bail application was adjourned till December 20, 2024.
The FCT High Court had also barred human rights lawyer from
further publishing, selling, circulating, advertising or distributing the hard
or soft copies of the controversial book.
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