The Legal Practitioners Disciplinary Committee (LPDC) has declined a request to revoke the law license of Dele Farotimi, a lawyer, author, and activist, over allegations of defamation and professional misconduct.
The LPDC stated it lacks jurisdiction to handle the complaints outlined in a petition from Afe Babalola & Co., a law firm led by Senior Advocate of Nigeria (SAN) Chief Afe Babalola.
In the 90-page petition dated December 6 and signed by a partner in the firm, Mr. Ola Faro, it was alleged that Farotimi violated certain provisions of the rules of professional conduct for lawyers in his contentious book titled “Nigeria And Its Criminal Justice System.”
Specifically, Farotimi was accused of acting in breach of 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 the High Court of Lagos State, Aare Afe Babalola, SAN, Olu Deramola, SAN, and Ola Faro, Esq., and the entire chambers of Afe Babalola & Co. in his book.”
Specific accusations included claims of corruption against justices of the Supreme Court and other judicial officers.
The petition alleged that Farotimi acted unprofessionally by participating in conduct that could undermine judicial integrity, including unlawfully accessing a judge and knowingly making false statements.
“He joined his clients in committing misconduct and breach of law with reference to judicial officers by having unlawful access to a judicial officer. He gave service to his client, which he knows is capable of causing a breach of law and disrespect and corrupting a judicial officer. He knowingly made a false statement of law and facts with respect to a case already decided by the Supreme Court.
“He assisted his clients in a conduct that he knows to be illegal and fraudulent. Knowingly engaged in illegal conduct in the course of his practice as a legal practitioner. Treated his fellow lawyers without respect, fairness, consideration, and dignity, allowing ill feelings 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 the 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.”
It was the contention of the petitioners that the author “indicated that he discussed a pending case with a judge trying the case in the absence of an opposing lawyer. The contravention of these rules by the Respondent (Farotimi) prompted this petition to protect the dignity of the legal profession and the dignity of the court as the temple of justice and to uphold the standards of the legal profession.”
Despite the allegations, the LPDC, chaired by Justice Ishaq Bello, determined the complaints stemmed from Farotimi’s work as an author, not his legal practice. The LPDC emphasized it has no authority over publications and advised the petitioners to seek redress in regular courts.
“The publication is an intellectual property and not a conduct or action committed while practising as a legal practitioner.
“All aggrieved parties who find the publication ‘defamatory’ should ventilate their grievances through the regular courts,” the LPDC, which is led by Justice Ishaq Bello, added.
