Professional Misconduct: LPDC Withdraws Adekunbi Ogunde’s Practising Licence
The Legal Practitioners Disciplinary Committee (LPDC) has withdrawn the practising licence of Adekunbi Ogunde, a principal partner formerly in the law firm of Wole Olanipekun & Co, following an unethical practice in trying to poach Saipem from another law firm.
A five-man panel of the Committee, comprising Justice Dr. Ishaq Bello (Chairman), found Ogunde guilty of professional misconduct in a case brought against her by the Nigerian Bar Association (NBA).
Recall that Miss Ogunde, a partner in the Chambers of Chief Wole Olanipekun (SAN), had written to a foreign firm, Saipem, to take over a brief from the chamber of Chief Odein Ajumogobia (SAN).
Ogunde had insinuated in the letter that her principal, being head of the Body of Benchers, had all the Judges and heads of courts in his pocket and could swing judgment in favour of Saipem, if the services of Olanipekun & Co, were retained.
According to her: “Chief Olanipekun, SAN, OFR is currently the Chairman of the Body of Benchers, which is the highest ruling body in the Nigerian legal profession made up of Supreme Court judges, Presiding Justices of the Court of Appeal and Chief Judges of all State High Courts, including the Rivers State High Court. In other words, Chief Olanipekun, SAN, OFR is the Head of the entire legal profession in Nigeria.”
She, thereafter, listed a few famous cases, including the MTN tax dispute, Shell Petroleum, and the Equinox (former Statoil) dispute, where her principal had demonstrated such capacity in the past.
She ended up saying: “We are aware that another law firm is currently in the matter but you will agree that highly sensitive and political matters require more influence.”
Reacting to her letter, the NBA, under Olumide Akpata as President, had said Ogunde’s letter put the legal profession into public ridicule. It filed a petition against her before the LPDC.
Specifically, in the petition marked BB/LPDC/901/2022, the NBA called on the LPDC to “on behalf of the Applicant that Adekunbi Ogunde of Wole Olanipekun & Co be required to answer to the allegations contained in the Statement/Affidavit.”
It also urged the LPDC to determine whether Mr. Olanipekun and other partners of the firm “are not liable to be disciplined by this august body, seeing that the Respondent has the ostensible authority to act as a partner, and indeed acted for and on behalf of the said firm.”
Mr. Aikpokpo-Martins, who signed the petition on behalf of the Incorporated Trustees of the NBA, which was dated July 19, 2022, said Ms. Ogunde violated “the extant rules of professional conduct for legal practitioners (Rule 1 of the RPC) by soliciting for briefs and peddling the influence of the principal partner of her law firm, Chief Wole Olanipeku.”
He said members of the legal profession, particularly members of the NBA “were very disturbed by this infamous letter alleged to have originated from arguably one of the most successful, biggest, respected and most distinguished law firms in Nigeria.”
While the NBA wrote Chief Wole Olanipekun asking him to recuse himself from his position as Chairman of the Body of Benchers to pave the way for the investigation of a partner in his law firm, Ms. Adekunbi Ogunde, the LPDC, however, exonerated Olanipekun from culpability in the allegation of professional misconduct levelled against Ogunde by the NBA.
But the NBA urged the LPDC “to immediately commence the disciplinary process and prosecute ADEKUNBI OGUNDE Esq. for the violation of the sacred provisions of the Rules of Professional Conduct…”
Although the LPDC axe has fallen on Ogunde, some Senior Lawyers who understand the practice of law told newsmen that it was impossible for Ogunde to act unethically (by sending the mail) without prior knowledge of other principal partners in Wole Olanipekun’s chambers, saying she was just a sacrificial lamb.
