Renowned legal scholar Aare Afe Babalola, SAN, has intensified his legal battle against Lagos-based lawyer Dele Farotimi over alleged defamatory remarks. Through his law firm, Afe Babalola & Co., Babalola has petitioned the Legal Practitioners Disciplinary Committee (LPDC), requesting the removal of Farotimi’s name from the roll of Nigerian legal practitioners.
The petition accuses Farotimi of violating several provisions of the Rules of Professional Conduct for Legal Practitioners. According to a partner in the law firm, Ola Faro, Farotimi’s book, Nigeria and Its Criminal Justice System, contained unfounded allegations of corruption against Supreme Court justices, judges of the Lagos High Court, and senior members of Afe Babalola’s chambers.
Details of the Petition
The 90-page document, dated December 6, 2024, outlines multiple breaches of professional ethics allegedly committed by Farotimi. It is titled:
“Petition against Tomilola Titus Farotimi also known as Dele Farotimi Esq., a Nigerian lawyer called to the Nigerian Bar, for violation of extant rules of professional conduct for legal practitioners.”
The petition cites specific rules of professional conduct, including rules 1, 15, 26, 27, 30, and 31, which the petitioner claims Farotimi breached. These include:
- Making baseless allegations of corruption against judiciary members.
- Engaging in conduct unbecoming of a legal practitioner.
- Participating in unethical practices such as alleged judicial bribery and unlawful access to judicial officers.
- Knowingly disseminating false legal claims and facts regarding Supreme Court cases.
- Using unprofessional and offensive language to describe justices and the judiciary.
- Failing to treat fellow lawyers with respect and fairness.
The petition emphasizes that these alleged actions undermine the integrity of the legal profession and the judiciary as a whole.
Call for Action
The petitioners argue that Farotimi’s actions have the potential to damage the legal profession’s reputation, disrupt societal trust in the judiciary, and incite unrest. They noted that the book seeks to discredit the judiciary and harm the reputations of prominent legal figures, including Aare Afe Babalola and his firm.
In their plea to the LPDC, the petitioners stated:
“The contravention of these rules by the respondent prompted this petition to protect the dignity of the legal profession, uphold the standards of justice, and safeguard the judiciary’s integrity.”
Legal Context and Recent Developments
The LPDC, tasked with maintaining ethical standards in the legal profession, will investigate the allegations. If found guilty, Farotimi risks severe penalties, including being struck off the roll of legal practitioners.
Meanwhile, Farotimi faces additional legal troubles. An FCT High Court recently ordered him to stop publishing, selling, or circulating the controversial book. His bail hearing has been adjourned until December 20, 2024, leaving him in detention.
Background on the LPDC
The Legal Practitioners Disciplinary Committee is the regulatory body responsible for investigating and sanctioning misconduct within the legal profession in Nigeria. It ensures that lawyers adhere to ethical standards and maintain the judiciary’s integrity.
As the legal battle unfolds, the case highlights critical questions about professional ethics, freedom of speech, and the boundaries of legal criticism in Nigeria.
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