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Afe Babalola Petitions LPDC, Wants Dele Farotimi Barred From Law Practice

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The Law Firm of Afe Babalola has written a petition to the Legal Practitioners Disciplinary Committee, (LPDC) asking it to strike out the name of Lagos-based legal practitioner, Dele Farotimi, from the roll of legal practitioners in Nigeria for allegedly violating certain provisions of the rules of professional conduct for lawyers.

The 90-page petition dated December 6, 2024 was signed by a partner in the law firm, Ola Faro, who was also mentioned in Farotimi’s book, “Nigeria and its criminal justice system.”

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 THE 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 DISREPUTE 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 AFE BABALOLA & CO IN HIS BOOK TITLED ‘NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM.”

Ola Faro who stated that he was writing both in his personal capacity “and for and on behalf of the law firm of Afe Babalola & Co.”, gave a background of the facts of the case and detailed the contraventions of the rules of professional conduct by the respondent, Farotimi.

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According to the petitioners, 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.

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“Knowingly made false statement 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.”

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“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.”

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“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 set the legal profession and society ablaze and that these 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.

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The LPDC ensures that legal practitioners adhere to ethical standards and professional conduct.

The body can order that the name of a legal practitioner be struck off the roll of lawyers kept at the Supreme Court. Such decision is however subject to appeal to the Supreme Court.

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Crashed helicopter flying NNPC officials violated regulations – FG

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Barely two months after a Sikorsky SK76 helicopter operated by East Aviation crashed in Port Harcourt, the Nigerian Safety Investigation Bureau has disclosed that its handlers violated several of the Nigeria Civil Aviation Regulations directives.

Although the bureau was silent on whether or not the vices led to the unfortunate incident, the act shows gaps in the regulatory duties of the NCAR.

The helicopter, which was contracted by the Nigerian National Petroleum Company Limited, plunged into the Atlantic Ocean near Bonny Finima, off the coast of Calabar on October 24, with six passengers and two crew members.

Five bodies of the eight victims have been recovered while the remaining three are still yet to be found.

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While reeling out the preliminary findings of the bureau on the accident, The Director-General of NSIB, Alex Badeh, on Tuesday told journalists in Abuja that the crashed helicopter was not fitted with a Flight Data Recorder, a violation of the Part 7.8.2.2(q) of Nigeria Civil Aviation Regulations (Nig. CARs) Act 2023

Badeh added that the helicopter crew members used non-standard phraseology throughout the flight.

The preliminary findings of the bureau read partly, “The helicopter was fitted with a solid-state cockpit voice recorder; The helicopter was not fitted with a Flight Data Recorder; although Part 7.8.2.2(q) of Nigeria Civil Aviation Regulations (Nig. CARs) 2023 requires that FDR shall be fitted on the helicopter; The flight crew used non-standard phraseology throughout the flight.”

The report further reads; “There were no standard callouts for the various phases of the flight; The helicopter Radio Altimeter (Rad alt) was snagged and deferred on October 18, 2024, six days before the accident; No dew point data was reported in the weather information passed to 5N-BQG on the day of the occurrence.”

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While speaking on the causes of the crash, Badeh explained that the investigators discovered that it appeared to be “Struggling to gain balance right before crashing into the ocean.”

He further noted that the crew’s struggle was followed by an aural warning from the aircraft, “Bank angle, Bank angle,” which was the last recorded data on the Cockpit Voice Recorder with smoke emanating from the engine before it ditched into the water.

Other reports released by the NSIB include a final report on the serious accidents involving Beech Baron 58 aircraft operated by Nigerian College of Aviation Technology, Zaria with nationality and registration marks 5N-CAG, which occurred on runway 5 at General Hassan Usman Katsina International Airport, Kaduna on December 31, 2022 and five other incidents.

The NSIB, however, charged the NCAA to ensure strict compliance with the Nigerian Civil Aviation Regulations (Nig. CARs) 2023 part 7.8.2.2(q) which requires that all helicopters with a maximum take-off mass over 3175 kg and up to 7000 kg be fitted with a Flight Data Recorder.

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Kaduna returns Abacha family property seized by El-Rufai

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Kaduna State Governor, Senator Uba Sani, has reinstated ownership of two properties previously revoked from the family of the late military dictator, Gen. Sani Abacha, during the administration of his predecessor, Nasir El-Rufai.

The properties, located at No. 9 Abakpa GRA and No. 1 Degel Road, Ungwan Rimi GRA, in Kaduna, had been seized in 2022 following allegations of breaches of occupancy terms under the Land Use Act.

Speaking on Tuesday, Abacha family lawyer, Reuben Atabo (SAN), confirmed the reinstatement, describing it as a significant development.

The revocation, which was widely publicised in newspapers on April 28, 2022, included the late Abacha’s name as item 34 among those affected.

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Atabo said the move had caused “embarrassment” to the Abacha family, prompting legal action against the state government.

Governor Sani, however, reversed the revocation in two separate letters dated December 10, 2024, through the Kaduna Geographic Information Service.

Both letters, signed by Mustapha Haruna on behalf of the Director General of KADGIS, directed the family to settle outstanding fees and charges as a condition for reinstatement.

One of the letters reads: “His Excellency, the Governor of Kaduna State, has in the powers conferred on him under the Land Use Act 1978, reinstated the aforementioned title… Subject to strict condition of settling all outstanding fees and charges.”

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The Abacha family, through Atabo, welcomed the decision, describing it as a gesture of fairness and justice.

The reinstatement marks a shift from El-Rufai’s administration, which had cited “various contraventions” as the basis for revoking the properties.

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CAC deregistered 300,000 dormant companies in one year

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The Corporate Affairs Commission (CAC) has deregistered over 300,000 dormant companies within a year to sanitise the nation’s corporate registration system.

The Registrar General, Hussaini Ishaq Magaji (SAN), announced this in an exclusive interview with The Nation in Abuja.

Magaji said: “From October 16, 2023, when I assumed office, to date, we have witnessed an extraordinary level of deregistration. In December 2023 alone, we deregistered over 100,000 companies. By February 2024, another 100,000 companies were removed, and recently, we deregistered an additional 100,000.”

The CAC boss explained that the deregistered entities had remained inactive, failing to file annual returns for over a decade.

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According to him, some of the companies posed risks to the economy, as they could be used for fraudulent activities.

He said: “Our challenge is that we are not even deregistering in millions. This is because, as I earlier told you, business registration in Nigeria started since sometime around 1912. And what we have in our portal is from 2021. So, you can see the barrier.

“All the historical records from that year to this year are not on the portal. We are onboarding them gradually. When we complete our task, we will then have the total number of the dormant companies and they will go.

“Our system is integrated with critical agencies, such as the Federal Inland Revenue Service (FIRS), security agencies, embassies, and banks. Once a company is marked as inactive on our portal, it cannot access banking services, process embassy documents, or engage in other operations,” he said.

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Magaji explained the legal framework supporting these actions, saying: “If a company remains dormant for over 10 years, we are empowered to deregister it. Additionally, even if a company has been inactive for two years without filing annual returns, I can deregister it under the law.”

The registrar general attributed the success of CAC’s measures to the political will of the Federal Government.

He added: “We have been given a free hand by Mr. President and the supervising minister to carry out our duties without interference. This has enabled us to act boldly and decisively.”

Magaji dismissed the claims that a significant number of companies were folding up due to insolvency or economic challenges.

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The CAC boss described such assertions as exaggerated.

He added: “While some businesses apply for voluntary winding up, the numbers of such companies are negligible. Many of these cases arise from changes in business focus rather than economic difficulties. For instance, a company like Nokia transitioned from producing phones to manufacturing vehicle tyres.”

Magaji noted that technological advancements and shifts in business strategies were driving many companies to restructure rather than exit the market.

He said CAC hosts Nigeria’s Beneficial Ownership Register, a platform providing free access to information about companies and their significant controllers.

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“Nigeria is one of the global leaders in implementing the beneficial ownership register. We are hosting the register at bor.cac.gov.ng. This transparency ensures that even individuals with indirect control of a company must disclose their interest within 30 days,” he said.

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