Reasons Why Professor Bankole Sodipo Should Be Call To Order On Suit SC.69/2011 - Crime - Nairaland
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| Reasons Why Professor Bankole Sodipo Should Be Call To Order On Suit SC.69/2011 by YusufAkure(m): 10:58pm On Jun 17, 2015 |
An Open Letter To The National Judicial Council and The Nigerian Bar Association Reasons Why Professor Bankole Sodipo Should Be Call To Order On Suit SC.69/2011 Before The Supreme Court Of Nigeria A Legal Counsel Represents Two Conflicting Parties In The Same Suit Before The Supreme Court Of Nigeria. (1.0) Introduction (2.0) Issues Set Aside For Determination (3.0) Argument On Ethical Ineligibility Of Professor Bankole Sodipo To Represent Comandclem Nigeria Limited In Suit Sc.69/2011 (4.0) Power Of The Supreme Court Of Nigeria To Restrain Professor Bankole Sodipo From Representing Comandclem Nigeria Limited In Suit SC.69/2011 (5.0) Conclusion (1.0) Introduction (1.1) History was made in the Open Court of the Supreme Court of Nigeria on the 2nd of June, 2015, when a Professor of Law, Professor Bankole Sodipo, from the legal firm of G.O. Sodipo & Co, announced his appearance for Comandclem Nigeria Limited (Cross Respondents/Applicants) in suit SC.69/2011 despite the fact that another Barrister, Barrister Daniel Ozoma from the same legal firm of G.O. Sodipo & Co had on the 5th of May, 2014, announced his appearance for A Party Sought To Be Joined (Oyewo Muideen Adekunle- An Antagonist of King Professor CJA Uwemedimo and Comandclem Nigeria Limited) in the same suit before the Supreme Court of Nigeria. (1.2) On the 5th of May, 2014, one Barrister Daniel Ozoma from the legal firm of G.O. Sodipo & Co said before Honourable Justice Walter Samuel Nkanu Onneghen (JSC) and I quote him verbatim. “My name is D.O. Ozoma; appearing with me is C. Igarubo-Beresibo, for party sought to be joined, we have an application to join the Applicants my lords” Per: D.O. Ozoma Legal Firm: G.O. Sodipo & Co Date: 5th of May, 2014. (1.3) Surprisingly, on the 2nd of June, 2015, Professor Bankole Sodipo from the legal firm of G.O. Sodipo & Co, said before Honourable Justice Walter Samuel Nkanu Onneghen (JSC) and I quote him verbatim. ‘My name is Professor Bankole Sodipo; with me is my learner friend, Professor Tony Ukam.” Justice Walter Samuel Nkanu Onneghen (JSC) interrupted him and said to Professor Tony Ukam as follows, “When they call your name; you get up and take a bow.” Professor Bankole Sodipo continued the announcement of his appearance, and he said as follows. “We humbly announce our appearances for the Cross Respondents /Applicants.” Per: Professor Bankole Sodipo Legal Firm: G.O. Sodipo & Co Date: 2nd of June, 2015. (2.0) Issues Set Aside For Determination (2.1) The two issues set aside for determination are; (1) Can a lawyer who represents a party (a party sought to join the appellants) in a legal suit ethically eligible to represent the opposing party (the appellants) in the same suit pending before the Supreme Court of Nigeria in view of Rule 10 (b) of the Legal Practitioners Act, Chapter 207, Laws of the Federation of Nigeria? (2) Whether the Supreme Court of Nigeria has Inherent Power to restrain a counsel from representing the Appellants/Cross Respondents in a suit where such a counsel had earlier been briefed by the Opponent Party sought to join the Appellants/Cross Respondents? (3.0) Argument On Ethical Ineligibility Of Professor Bankole Sodipo To Represent Comandclem Nigeria Limited In Suit Sc.69/2011 (3.1) Can a lawyer who represents a party (a party sought to join the appellants) in a legal suit ethically eligible to represent the opposing party (the appellants) in the same suit pending before the Supreme Court of Nigeria in view of Rule 10 (b) of the Legal Practitioners Act, Chapter 207, Laws of the Federation of Nigeria? (3.2) Fundamental Facts Of The Case (3.2.1) On the 10th day of April, 2014, one Professor Bankole Sodipo, from the legal firm of G.O. Sodipo & Co, filed an application to join one Mr. Oyewo Muideen Adekunle as Appellants/Cross Respondents in an appeal of Rev. Dr. C.J.A. Uwemedimo & Comandclem Nigeria Limited (Appellants/Cross Respondents) versus Mobil Producing Nigeria Unlimited (Respondent/Cross appellant) before the Supreme Court of Nigeria with suit number (SC.69/2011). (3.2.2) Surprisingly, on the 12th day of June, 2015, the same Professor Bankole Sodipo, from the legal firm of G.O. Sodipo & Co, filed several applications on behalf of Comandclem Nigeria Limited (Applicants/Cross Respondents) in the Supreme Court of Nigeria despite the fact that the Honourable Justices Of The Supreme Court Of Nigeria have not make any categorical pronouncement on the outstanding application to join one Mr. Oyewo Muideen Adekunle as Appellants/Cross Respondents in the appeal he had filed on the 10th of April, 2014. (3.2.3) The question is “Can Professor Bankole Sodipo who represents Oyewo Muideen Adekunle in a legal suit ethically eligible to represent the opposing Comandclem Nigeria Limited in the same suit pending before the Supreme Court of Nigeria in view of Rule 10 (b) of the Legal Practitioners Act, Chapter 207, Laws of the Federation of Nigeria?” (3.2.4) With your due permission, I quote Rule 10 (b) of the Legal Practitioners Act, Chapter 207, Laws of the Federation of Nigeria as follows. 10. Adverse Influences And Conflicting Interests (b) It is unprofessional conduct to represent conflicting interests, except by express consent of all concerned given after a full disclosure of the facts. Within the meaning of this rule, a lawyer represents conflicting interests when in respect of one client of whom he presently contends the interests of that client touch or concern confidences of another client to whom the lawyer at the same time, owes a duty of service. (3.2.5) From the above Legal Practitioners` Act, Professor Bankole Sodipo has violated the codes of conduct for the Legal Profession in Nigeria by representing the interests of two conflicting parties in the same suit pending before the Supreme Court of Nigeria. (3.2.6) As a result of the above, The Nigerian Bar Association (NBA) and National Judicial Council (NJC) as a matter of necessity and in the interest of the legal profession in Nigeria should call Professor Bankole Sodipo to order so as to respect the prestigious codes of conduct for the legal profession in Nigeria, i.e. Rule 10 (b) of the Legal Practitioners Act, Chapter 207, Laws of the Federation of Nigeria. (4.0) Power Of The Supreme Court Of Nigeria To Restrain Professor Bankole Sodipo From Representing Comandclem Nigeria Limited In Suit SC.69/2011 (4.1) Whether the Supreme Court of Nigeria has Inherent Power to restrain a counsel from representing the Appellants/Cross Respondents in a suit where such a counsel had earlier been briefed by the Opponent Party sought to join the Appellants/Cross Respondents? (4.2.0) Fundamental Facts Of The Case (4.2.1) Having been duly contacted and briefed by Mr. Oyewo Muideen Adekunle (An Antagonist of King Professor CJA Uwemedimo and Comandclem Nigeria Limited), Professor Bankole Sodipo filed an application to join him as an Appellant/Cross Respondent in suit SC.69/2011 on the 10th of April, 2014 in the Supreme Court of Nigeria. (4.2.2) Surprisingly, the same Professor Bankole Sodipo claimed he was duly contacted and briefed by Comandclem Nigeria Limited which necessitated him to file several applications on behalf of Comandclem Nigeria Limited (Applicants/Cross Respondents) in the Supreme Court of Nigeria on the 12th day of May, 2015. (4.2.3) The question is “Whether the Supreme Court of Nigeria has Inherent Power to restrain Professor Bankole Sodipo from representing Comandclem Nigeria Limited in a suit where Professor Bankole Sodipo had earlier been briefed by Mr. Oyewo Muideen Adekunle (An Antagonist of King Professor CJA Uwemedimo and Comandclem Nigeria Limited)?” (4.2.4) Being the highest court in the land, the Honourable Justices of The Supreme Court of Nigeria have Inherent Powers to restrain Professor Bankole Sodipo from representing Comandclem Nigeria Limited in the Supreme Court of Nigeria in suit SC.69/2011 because Professor Bankole Sodipo had earlier been briefed by an opponent of Comandclem Nigeria Limited. (4.2.5) The above position of law is supported by the pronouncement of Honourable Justice Uwais (JSC) in the case of Anatogu V. Iweka II (1995) 8 NWLR (Pt.415) 547 where he said and I quote him verbatim. "Generally, the courts are not to prevent Litigants from employing the services of counsel of their own choice. However, a person must not be allowed to employ the services of a counsel, nor should a counsel accept a brief where it is clear that the services to be rendered flow out of or are closely connected with the previous services he had rendered to the opposing side. Clearly the jurisdiction to restrain counsel from acting for the antagonist of his client stems from the principle that a man ought to be restrained from doing any act contrary to the duty that he owes to another, and that the jurisdiction will be exercised at the instance of the former client". Per :Uwais J.S.C. Anatogu V. Iweka II (1995) 8 NWLR (Pt.415) 547, at page 582 – 583. (4.2.6) Furthermore, Honourable Justice Oseji, J.C.A. corroborated the above position of law in the case of Mrs. Mary E. Onyeka & Anor V. Celestine Ogbonna & Ors.when he said and I quote him verbatim. "In Onyeke V. Harriclem (Nig.) Ltd (1998) 7 NWLR (Pt.556) 64. This court had cause to restrain a counsel Obi Akpudo Esq. or any counsel from his chambers from acting for the respondent (Harriclem (Nig.) Ltd.) against the appellant (Onyeke) in any case involving the subject matter in which he had earlier been briefed and obtained information from the appellant. In this regard, their lordships per Akpabio, J.C.A. stated at page 72 as follows:- "Before concluding, I must add by way of emphasis that what is being frowned upon by the court is the idea of a counsel appearing for the party, say the plaintiff, at an early stage of a transaction and their turning around at a later stage of the some transaction to appeal or act for his opponent." Per:Oseji, J.C.A.(Pp. 24-25, paras. A-F) Mrs. Mary E. Onyeka & Anor V. Celestine Ogbonna & Ors. CITATION: (2013) LPELR-20718(CA) In The Court of Appeal (Makurdi Judicial Division) On Thursday, the 2nd day of May, 2013 Suit No: CA/MK/22/2011 (5.0) Conclusion (5.1) Professor Bankole Sodipo has failed totally to uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and has engaged conduct which is unbecoming of a legal practitioner by representing two conflicting parties in the same suit (SC.69/2011) before the Supreme Court of Nigeria. (5.2) Professor Bankole Sodipo being an officer of the court, he has conducted himself in a manner that has obstructed, delayed, and adversely affected the speedy determination of a fifteen-year-old case between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited by causing avoidable adjournment of the appeal to the 19th of October, 2105. (5.3) In order to respect the code of conducts for the Legal Profession in Nigeria, The National Judicial Council & The Nigerian Bar Association should call Professor Bankole Sodipo to order to refrain from representing two conflicting parties in the same suit SC.69/2011 before the Supreme Court of Nigeria. CCNL Corporate Reporter Name: Yusuf Nurudeen (B. Sc., AAT, ACA) Position: CCNL Marketing Manager 4, Ogudu Road, Ojota, Lagos. +234-703-252-2248 1 Share
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