Renowned legal icon Aare Afe Babalola, SAN, has escalated his dispute with Lagos-based lawyer Dele Farotimi by petitioning the Legal Practitioners Disciplinary Committee (LPDC) to revoke Farotimi’s license to practice law in Nigeria. This action stems from alleged defamatory remarks made by Farotimi in his controversial book titled Nigeria and its Criminal Justice System.
The petition, dated December 6, 2024, was filed by Ola Faro, a partner in Afe Babalola’s law firm, both on his own behalf and on behalf of the firm. The 90-page document accuses Farotimi of breaching several provisions of the Rules of Professional Conduct for lawyers. Faro alleges that Farotimi made baseless accusations of corruption against Nigeria’s judiciary, prominent legal practitioners, and the Afe Babalola law firm.
The petition specifically cites Farotimi’s purported misconduct, which includes making false accusations against the Supreme Court, engaging in disrespectful conduct toward the judiciary, and aiding clients in illegal activities. It further alleges that Farotimi knowingly engaged in unprofessional behavior, distorted case facts, and used defamatory language against judicial officers and fellow lawyers.
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 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 dispute 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 Aare Afe babalola & Co in his book titled ‘Nigeria and its Criminal Justice System.’
Faro said that the petition was written both in his personal capacity “and for and on behalf of the law firm of Afe Babalola & Co.”
He gave a background of the facts of the case and detailed the alleged contraventions of the rules of professional conduct by the respondent, Farotimi.
The petitioner highlighted that 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.
“Knowingly made false statements 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.
“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.
“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 to set the legal profession and society ablaze and that those 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.
