Adeola Adedipe, a Senior Advocate of Nigeria, SAN, filed an application to the Federal High Court in Abuja on Thursday, asking to be withdrawn from representing Alhaji Yahaya Bello, the outgoing governor of Kogi State.
Bello has been charged on 19 counts related to his alleged involvement in money laundering, breach of trust, and embezzlement of N80.2 billion in public funds.
The Economic and Financial Crimes Commission, EFCC, asked the trial judge to dock his attorneys’ fees for not keeping their promise to make sure their client was available for trial after he failed to appear in court for his scheduled arraignment.
The EFCC’s lead counsel, Mr. Kemi Pinhero, SAN, requested the court to penalize the two senior attorneys who had consistently represented the former governor, claiming that they had broken the code of ethics.
Order 31(3) of the Rules of Professional Conduct for Legal Practitioners, according to Pinhero, SAN, states that in addition to being in contempt, a lawyer who violates an agreement they made in court is automatically guilty of misconduct.
“My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with him summarily, that is what the law says.
“We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary.
“If a Chief Justice of Nigeria can be docked before an inferior tribunal, who then is an SAN or a former governor in terms of status?
“Even a former President of the United States of America was docked. These senior lawyers have been helping the defendant to treat this court with scorn
“For five consecutive sittings, the defendant refused to make himself available for his trial and his lawyers have continued to use all forms of chicanery to frustrate his arraignment.
“If this sort of conduct is not punished, then we will be sliding to a situation that will be worse than the Animal Farm.
The world is watching. Punishing these senior lawyers will send a very clear message,” EFCC’s counsel stated.
Adedipe, SAN, responded by telling the court that he was not Bello’s principal attorney while also declining to take any action to guarantee his attendance at the sitting.
“My lord, the narration by the prosecution counsel is very untrue and it is accentuated by malice. I am not the lead counsel in this matter.
What the learned prosecution counsel has tried to do was to pitch my person against this court,” he debated.
He maintained that by refusing to carry out the warrant it had gotten for the defendant’s arrest, the EFCC had disrespected the court.
He said that he was forced to invoke section 349(8) of the ACJA, 2015 by withdrawing his appearance on behalf of the defendant due to the direction the matter had taken.
But according to the EFCC’s legal representation, it was already too late for the defense attorney to withdraw from the case.
“My lord, he should be used to set an example that this is not a lottery game. His request to withdraw is only an afterthought and it should not be countenanced by this court.
I urge your lordship to invite him to the dock immediately,” the counsel submitted.
Trial Judge Emeka Nwite has not yet made a conclusion in this case.
