Kunle Kalejaiye V. The Legal Practitioners Disciplinary Committee & Anor (2019)

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CHIMA CENTUS NWEZE, J.S.C.

At the Legal Practitioners’ Disciplinary Committee, (hereinafter, simply, referred to as “the Committee”), Kunle Kalejaiye, the appellant in this appeal, was charged on three-count complaint by the Nigeria Bar Association, (NBA, for short), for engaging in a conduct unbecoming of a legal practitioner contrary to Rules 1, 15, 30, 31, 34, 36 and 55 of the Rules of Professional Conduct for Legal Practitioners [RPC).

As laid, the three counts of the complaint read thus:

1. That you, Kunle Kalejaiye, SAN, as a legal practitioner involved in the Election Petition before the Election Petitions Tribunal sitting in Osogbo, Osun State, sometimes (sic) in the year 2008 engaged in constant, private and confidential telephone communications with the Chairman of the Election Petitions Tribunal, Hon. Justice Thomas Naron, during the pendency of the said petitions without informing the opposing Counsel or allowing the opposing Counsel to be present and by so doing, you created the impression of special personal likely favour from the Chairman of the Petitions Tribunal and by so doing you

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have failed to maintain the high standard of professional conduct expected of a legal practitioner, by engaging in a conduct unbecoming of a legal practitioner all contrary to Rules 1, 15, 30, 31, 32, 34, 36 and 55 of the RPC, 2007.

2. That you, Kunle Kalejaiye, SAN, as a legal practitioner involved in the Election Petition before the Election Petitions Tribunal sitting in Osogbo, Osun State, sometimes (sic) in the year, 2008, engaged in constant and regular telephone communications with the Chairman of the Election Petitions Tribunal, Hon. Justice Thomas Naron, during the pendency of the said petitions conducted yourself in a manner that is likely to obstruct, delay or adversely affect the administration of justice and by so doing, you have failed to maintain the high standard of professional conduct expected of a legal practitioner, by engaging in a conduct unbecoming of a legal practitioner all contrary to Rules 1, 15, 30, 31, 32, 34 and 55 of the RPC, 2007.
3. That you, Kunle Kalejaiye, SAN, as a legal practitioner involved in the Election Petition before the Election Petitions Tribunal sitting in Osogbo, Osun State, sometimes (sic) in the year,

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2008, engaged in constant, private and confidential telephone communications with the Chairman of the Election Petition Tribunal, Hon. Justice Thomas Naron, during the pendency of the said petitions conducted yourself in a way calculated to erode confidence in the Chairman of the Election Petitions Tribunal and by so doing, you have failed to maintain the high standard of a legal practitioner, by engaging in a conduct unbecoming of a legal practitioner all contrary to Rules 1, 15,30, 31, 32, 34 and 55 of the RPC, 2007.

[Italics supplied for emphasis]

At the end of it all, the Committee found the appellant guilty of infamous conduct in the course of the performance of his duty as a legal practitioner. It thus, directed the Chief Registrar of the Supreme Court to strike out his name from the roll of legal practitioners in Nigeria. The Committee, further, directed that its order, as contained in the direction, be published, immediately, in any edition of the Punch Newspaper.

The said order, the Committee finally directed, should be served on Heads of all superior Courts of the Federation, the Inspector General of Police and all the

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Commissioners of Police. This appeal is therefore the expression of the appellant’s dissatisfaction with the above directions of the Committee.

Although the appellant formulated five issues for the determination of this appeal, the first respondent condensed the issues to only two. As would soon be evident, there is actually no need of wasting the Court’s precious time on all the issues which the appellant formulated. This is so because of the radical nature of issue five.

Thus, on my part, I even take the view that only one issue, namely, issue five – which deals with the question of the breach of the appellant’s right to fair hearing – is determinative of this appeal. I entertain no doubt that this Court is entitled to reformulate issues framed by the parties in order to give them precision and clarity, Okoro v. The State [1988] 12 SC 191; [1988] 12 SCNJ 191; Latunde and Anor. v. Lajinfin [1989] 5 SC 59; [1989] 5 SCNJ 59; Awojugbagbe Light Industries Ltd. v. P.N. Chinukwe and Anor. [1995] 4 NWLR (pt. 390) 379; [1995] 4 SCNJ 162.