Jide Aladejobi V. Nigeria Bar Association (2013)

LAWGLOBAL HUB Lead Judgment Report

JOHN AFOLABI FABIYI, J.S.C.

This is an appeal against the direction of the Legal Practitioners Disciplinary Committee of the Body of Benchers (‘the Committee’ for short) which was delivered on 22nd February, 2011. Therein, the Committee directed the Chief Registrar of the Supreme Court to strike off the name of the appellant from the roll of Legal Practitioners in Nigeria.

It is pertinent to state the facts of the matter, briefly. On the 16th of March, 2005 the respondent addressed a complaint to the Committee against the appellant, a member of legal profession. The complaint was based on a petition by one Mrs. Victoria Akinyele Aliu through her solicitors – Mike Umonnan & Co. which alleged that the appellant –

“… conspired with a tenant of the complainant, one Alaji Saliu Gbolagade and forged the complainant’s signature on a lease agreement in respect of the complainant’s property situate at No.52, Western Avenue, Surulere, Lagos with intent to deprive the complainant of the ownership of the property.”

The complaint against the appellant before the Committee reads as follows:-

“That you Jide Aladejobi of counsel to Alhaji Saliu Gbolagade, on or about the year 2007, conspired with the said Alhaji Saliu Gbolagade to draft and execute a 10 Years Lease Agreement purportedly on behalf of Mrs. Victoria Akinyele Aliu (the petitioner) in respect of the Petitioner’s property situate at No. 52, Western Avenue, Surulere, Lagos with the intent to interfere with the petitioner’s ownership rights over the property, all contrary to Rules 24, 28 and 49 (a) and (b) of the Rules of professional Conduct in the Legal profession and section 12 of the Legal practitioners Act, 1990 as amended.”

Before the Committee, two witnesses testified for the respondent. Abubakar Ibrahim Maude, the Secretary of the Committee tendered the complaint received by the Committee while Mike Umonnan identified the petition as the one written by him on the instructions of the petitioner. As P.W.2, he maintained that he had been instructed to withdraw the complaint.

At the close of the respondent’s case, the appellant testified and was cross-examined. Pursuant to the order of the Committee, the appellant filed his written address to which there was no re-action by the respondent. The appellant’s written address was adopted before the Committee delivered its direction.

The Committee considered the evidence placed before it and thereafter found the appellant culpable of infamous conduct and directed the Chief Registrar of the Supreme Court to strike off the name of the appellant from the roll of Legal Practitioners in Nigeria.

The appellant felt unhappy with the decision of the Committee and has decided to appeal direct to this court. Briefs of arguments were filed and exchanged by the parties.

On 25th of April, 2013 when the appeal was heard, learned senior counsel to the appellant adopted and relied on the appellant’s brief of argument filed on 23rd May, 2011 as well as the appellant’s reply brief of argument filed on 29th June, 2011 He urged that the appeal be allowed.

Learned counsel to the respondent adopted and relied on the respondent’s brief of argument filed on 8th June, 2011. He referred to the Notice of Preliminary Objection raised by him on pages 5 – 6 of the brief which he moved accordingly. The Notice of Preliminary Objection reads as follows:-

“6.1 TAKE NOTICE that at or before the hearing of this appeal, the respondent shall pray the Supreme Court to strike out the appellant’s Notice of Appeal dated the 20th day of July, 2010 and afortiori dismissed the issues for determination distilled in the appellant’s Brief of Argument from the incompetent grounds of appeal.

6.2 TAKE FURTHER NOTICE that the grounds of the said objections are –