Misconduct: At last, LPDC disbars Olanipekun’s partner, Adekunbi Ogunde

The Legal Practitioners Disciplinary Committee (LPDC) on Thursday directed that the name of Adekanbi Ogunde, a partner in the lawfirm of Chief Wole Olanipekun & Co be struck out from the roll of Legal Practitioners in Nigeria.

That was after the Committee found her guilty of violating “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 Olanipekun.”

the case that was decided by the LPDC on Thursday started on June 20, 2022 when Ms. Adekunbi Ogunde, a United Kingdom-trained lawyer, sent a three-page letter to Saipem’s top executive, Francesco Caio soliciting for offer of legal services in a criminal case instituted by Rivers State Government against Saipem SPA, Saipem Contracting Nigeria Limited, Mr. Walter Peviana and four others

The LPDC is a committee of the Body of Benchers that was created to exercise quasi-judicial disciplinary powers over legal practitioners who misconduct themselves in professional respect.

The spokesperson of the Nigerian Bar Association (NBA), Akorede Lawal confirmed the development on Thursday.

He said the Committee reached the decision on Thursday after hearing out parties in the case.

Lawal however said the decision of the Committee is not final as Adekunbi still has the right of appeal to the Supreme Court.

It is not clear as at press time if Adekunbi would contest the decision of the LPDC or waive her rights.

BAR & BENCH WATCH reports that the case that was decided by the LPDC on Thursday started on June 20, 2022 when Ms. Adekunbi Ogunde, a United Kingdom-trained lawyer, sent a three-page letter to Saipem’s top executive, Francesco Caio soliciting for offer of legal services in a criminal case instituted by Rivers State Government against Saipem SPA, Saipem Contracting Nigeria Limited, Mr. Walter Peviana and four others.

The letter, Ogunde disclosed, was the outcome of a weekend research she did on a number of complex cases on-going in various law courts in Nigeria where she felt the services of Olanipekun & Co where she is a partner, could be required.

The document she emailed to Saipem’s Caio to scout for the brief later turned out to be a ‘letter-bomb.’

In the Saipem case, Rivers State Government had filed criminal information against the foreign firm of conspiring to cheat and with intent to defraud it of the sum of $130 million being advance payment for the construction of the OCGT power plant in Port Harcourt.

The charge was filed at the registry of the state High Court in Port Harcourt by an Abuja-based lawyer, Chief Godwin Obla, SAN, on behalf of Rivers State Government on November 19, 2021.

The law firm of a former Minister of Petroleum, Ajumogobia & Okeke, was briefed by the foreign firm and thus, represented Saipem SPA (first defendant), Saipem Contracting Nigeria Limited (second defendant), Mr. Walter Peviana (third defendant) and Vitto Testaguzza (6th defendant) in the case.

The opposing parties in the matter did not waste the time of the court as they agreed to settle the case out of court in April, 2022 or thereabouts.

But in June 2022, after the case was long dead, having been settled out of court, Ms Ogunde, clearly oblivious of the status of the case, did a proposal to Saipem’s top executive, Francesco Caio, advising him on the need for a more influential lawyer/law firm to handle the criminal matter for them.

It was her argument in the emailed proposal that Saipem needed to consider using their firm (Olanipekun& Co) to prevent a huge pay out to the Rivers State Government.

In the Saipem case, Rivers State Government had filed criminal information against the foreign firm of conspiring to cheat and with intent to defraud it of the sum of $130 million being advance payment for the construction of the OCGT power plant in Port Harcourt

She argued that a quick research about Wole Olanipekun & Co would reveal that the law firm was actually the leading litigation firm in the country with the track record of helping multinationals in sensitive and highly political matters in the past, adding: “The presence of our lead partner, Chief Olanipekun, SAN, OFR, in the matter will significantly switch things in favour of Saipem.”

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 few famous cases including 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 matter requires more influence.”

The document titled: USD130m claim in Nigeria—Rivers State Government vs Saipem SPA, Saipem Contracting Nigeria Limited and Others, was also electronically sent to other key functionaries of Saipem including Merlo Silvia, Puliti Alessandro and Chini Simone.

BAR & BENCH WATCH reports that although the Rules of Professional Conduct for Legal Practitioners 2007 does not forbid outright advertising and soliciting provided it is fair and proper in all circumstances and complies with the provisions of the Rules, yet Ogunde’s letter appears to have violated  the provisions in section 39(2) (a) (b) (c) and (d) of the 26-page Rule book.

a quick research about Wole Olanipekun & Co would reveal that the law firm was actually the leading litigation firm in the country with the track record of helping multinationals in sensitive and highly political matters in the past, adding: “The presence of our lead partner, Chief Olanipekun, SAN, OFR, in the matter will significantly switch things in favour of Saipem

The said section 39 (2) of the Rules of Professional Conduct for Legal Practitioners 2007 specifically provides that a lawyer practicing in Nigeria shall not engage or be involved in any advertising or promotion of his practice of the law which (a) is inaccurate or likely to mislead; (b) is likely to diminish public confidence in the legal profession or the administration of justice or otherwise, bringing the legal profession into disrepute; (c) makes comparison with or criticizes other lawyers or other professions/professionals; (d) include any statement about the quality of the lawyer’s work, the size or success of his practice or his success rate or (e) is so frequent or obstructive as to cause annoyance to those to whom it is directed.

It was not long before the letter-bomb which Ogunde emailed to Saipem was activated as the top management staff of the foreign firm gave their counsel and former Minister of Petroleum, Chief Ajumogobia, SAN, a copy of the letter from Chief Olanipekun’s Chambers.

It was therefore not surprising that as soon as the top management staff of Saipem called the attention of their lead counsel and former Minister of Petroleum, Odein Ajumogobia to the mail from the Partner in Olanipekun & Co, trouble erupted.

Although it was an email, not counter-signed by Chief Olanipekun  who has been a close friend of Chief Ajumogobia for three decades, the former minister and prominent member of the inner bar, lost his cool as he picked offence at the content, the language and the intent of the mail.

Exactly 77 hours after Ogunde sent her letter to Saipem’s top executives; disturbed Chief Ajumogobia  originated another mail to Chief Wole Olanipekun  not only to express his displeasure but to call his attention to how the young lawyer tore the professional rule book of lawyers into shreds.

I am shocked and appalled at the content of the letter written by one Adekumbi Ogunde who describes herself in the letter as a partner in your firm. I must also express my extreme disappointment and utter disillusionment that a letter of this nature should emanate from your chambers, given your stature at the bar generally and as the current Chairman of the Body of Benchers, in particular

Ajumogobia’s letter reads: “I am shocked and appalled at the content of the letter written by one Adekumbi Ogunde who describes herself in the letter as a partner in your firm.

“I must also express my extreme disappointment and utter disillusionment that a letter of this nature should emanate from your chambers, given your stature at the bar generally and as the current Chairman of the Body of Benchers, in particular.

“My sentiments about the unfortunate but unmistakable allusion to ‘influence’ with “Justices of the Supreme Court, Presiding Justices of the Court of Appeal and Chief Judges” with whom you happen to serve on certain bodies in the legal profession, with regard to a matter before a Court, is better left unsaid.

“Suffice it to say that the attached letter is in my opinion tantamount to gross misconduct of the worst kind.

“For the record, our mandatory Rules of Professional Conduct expressly prohibit self-advertising and solicitation by Nigerian legal practitioners!

“Rule 39 expressly provides that “A lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which  makes comparison with or criticizes other lawyers or includes any statement about the quality of the lawyer’s work, the size or success of his practice or his success rate.

“The email from your firm could not be more egregious in its breach of this essential mandatory rule, especially in its acknowledgment that the defendant companies had already retained counsel.

“That I and my firm of Ajumogobia & Okeke were retained in the matter, was a matter of public record and was personally known to you and your firm, since you had asked me about the matter during our Unilag Law Faculty Alumni dinner at Harbour Point in February.

In the circumstances, we demand within seven days of the date of this letter, a written apology to the firm of Ajumogobia & Okeke from Wole Olanipekun & Co, for this most deplorable conduct of Adekumbi Ogunde and your firm.In addition, we demand that Wole Olanipekun & Co sends a letter to Saipem top management to retract your said letter

“The attached email from your firm also contains false and misleading statements with several defamatory imputations of and concerning myself and my firm.

“In the circumstances, we demand within seven days of the date of this letter, a written apology to the firm of Ajumogobia & Okeke from Wole Olanipekun & Co, for this most deplorable conduct of Adekumbi Ogunde and your firm.

In addition, we demand that Wole Olanipekun & Co sends a letter to Saipem top management to retract your said letter. The retraction and a copy of the apology to my firm must be copied to the top management of Saipem SA and the same recipients as the original email, namely: Caio Francesco <Francesco.Caio@ Saipem.com> Cc: Merlo Silvia <Silvia.Merlo@saipem.com>; Puliti Alessandro <Alessandro.Puliti@saipem.com>; CHINI SIMONE <SIMONE.CHINI@saipem.com>

“I trust that your firm will comply with our demand forthwith,” he signed off.

However, Olanipekun & Co which expressed shock at the content of the letter denied involvement in the matter and insisted that Ms. Ogunde acted on her own as she did not have any authority to send the letter on behalf of the law firm.

The law firm in a letter dated 24 June, 2022 also apologized to Ajumogobia  and retracted the offensive letter of solicitation as demanded while promising that internal actions would be taken on the matter.

Olanipekun said it held Ajumogobia in the highest esteem and attested to his sterling qualities as a legal practitioner and also noted he remains a friend of Chief Wole Olanipekun, the firm’s principal.

Chief Olanipekun’S CHAMBERS  complied within 24 hours of the receipt of the seven-day ultimatum given it by Chief Ajumogobia to retract the offensive document and copied same to Saipem management staff with a promise that the matter would be handled appropriately by his chambers

In fact, Chief Olanipekun’d Chambers complied within 24 hours of the receipt of the seven-day ultimatum given it by Chief Ajumogobia to retract the offensive document and copied same to Saipem management staff with a promise that the matter would be handled appropriately by his chambers.

Two Associate Counsel in Olanipekun law firm, Messrs. James Adesulu and Quam Bisiriyu,also issued a disclaimer dated June 24 and addressed to Mr Caio reiterating that the letter by Ms Ogunde was written “without the instruction, authority, mandate and approval of Wole Olanipekun & Co.”

“In parenthesis, we dissociate ourselves from the letter under reference, as the writer was on her own,” adding: “the letter is hereby retracted unequivocally, in spite of the fact that it was unauthorized and done without our permission, authority or consent.”

The disclaimer, which was copied to Mr Ajumogobia, maintained that Olanipekun & Co had a high regard for him and his firm.

Ogunde on her own sent a mail to Chief Ajumogobia to apologize for the gaffe while her father and senior lawyer, Wemimo Ogunde, SAN, together with her mum profusely apologised to Chief Ajumogobia.

Other well-meaning Nigerians also came into the matter to apologize to Chief Ajumogobia.

In the meantime, while the two law firms were trying to handle the embarrassment caused by the letter-bomb, the correspondences had leaked to the press and journalists began to feast on the documents.

At a time the two law firms thought the matter was over, the Nigerian Bar Association, NBA, came in and filed a petition against the young lawyer before the Legal Practitioners Disciplinary Committee

At a time the two law firms thought the matter was over, the Nigerian Bar Association, NBA, came in and filed a petition against the young lawyer before the Legal Practitioners Disciplinary Committee.

Specifically, in the petition marked BB/LPDC/901/2022, 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.”

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 Olanipekun.”

In a letter dated the 19th of August, the Secretary of the LPDC, Daniel Tela, who signed says the initial member review of the LPDC shows that since there is no evidence to indicate that the respondent, Adekunbi Ogunde, acted with the knowledge and consent of the principal partners of the firm, the applicant’s prayer for an investigation of the law firm cannot be situated to both the Act and the Rules

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.”

NBA says Ogunde’s letter puts legal profession into public ridicule

The petition pointed out that Ms Ogunde’s conduct puts “the entire legal profession to national and international public ridicule and odium.”

The NBA stated that Ms. Ogunde is “expected to exhibit and maintain a very high standard of conduct, professionalism, respect for the integrity of court and the judicial process when discharging her professional duties and responsibilities to clients, the legal profession and members of the general public.”

NBA demands Olanipekun step down as BoB Chairman

Three days after the petition was filed, the NBA wrote the Chairman of Body of Benchers, BOB, Chief Wole Olanipekun  asking him to recuse himself from his position to pave the way for the investigation of a partner in his law firm, Ms. Adekunbi Ogunde.

Alleged Misconduct: LPDC exonerates Olanipekun, other partners from proceedings against Adekunbi Ogunde

The Legal Practitioners Disciplinary Committee (LPDC) eventually said it found no merit in recommending further investigations against the partners of the law firm of Wole Olanipekun & Co. on the alleged professional misconduct proceedings against one of their partners, Adekunbi Ogunde.

In a letter dated the 19th of August, the Secretary of the LPDC, Daniel Tela, who signed says the initial member review of the LPDC shows that since there is no evidence to indicate that the respondent, Adekunbi Ogunde, acted with the knowledge and consent of the principal partners of the firm, the applicant’s prayer for an investigation of the law firm cannot be situated to both the Act and the Rules.

The letter titled “RE: THE INCORPORATED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION VS ADEKUNBI OGUNDE, ESQ: APPLICATION FOR EXTRACTS OF FINDINGS OF THE COMMITTEE IN RELATION TO PARTNERS IN OUR LAW OFFICE”, was written by the Secretary of the LPDC in response to an enquiry by Adelani Ajibade Esq., a lawyer in the law firm of Wole Olanipekun & Co.

The letter reads, “in response to your letter dated 17th August 2022 on the above subject matter, please find below extracts of the initial Member Review in respect of the above-captioned matter:

“With regards to the Applicant’s prayer to also consider whether the partners of the firm of Wole Olanipekun & Co are not liable to be disciplined, I hold the humble view that since there is no evidence to show that the Respondent indeed acted with the knowledge and consent of the Principal partners, especially with the partner’s express and constant denial of the content of Exhibit 1 to the effect that the Respondent acted without the authority and consent of the Principal partners or the firm, I cannot situate that angle of the Applicant’s prayer to both the Act and the Rules.

“Accordingly, I do see merit in recommending further investigations against the partners of Wole Olanipekun &Co. I so hold”.

Shortly after, Ms Ogunde said the case had affected her psychologically.

She said after “consulting with family and the firm, and after a deep and thorough examination of all the facets of this hydra-headed problem,” she has decided to take a leave of absence from legal practice and get involved in the community and social work pro bono, with a few selected NGOs.”

While on leave of absence, she was still summoned to answer to the charge against her at the LPDC and the matter was decided on Thursday, April 25, 2024.