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The Legal Practitioners Disciplinary Committee (LPDC), on Tuesday, dismissed a petition filed by Afe Babalola & Co, the law firm of Senior Advocate of Nigeria (SAN) Afe Babalola, seeking to disbar lawyer Dele Farotimi.
The petition stemmed from Mr Farotimi’s widely circulated book, Nigeria and Criminal Justice System, which is unsparingly critical of Mr Babalola, the founder of Afe Babalola University Ado Ekiti (ABUAD).
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Afe Babalola & Co.’s 90-page petition dated 6 December was addressed to the LPDC, the regulatory body in charge of disciplining lawyers in line with the Legal Practitioners Act and the Rules of Professional Conduct for lawyers.
The petition said Mr Farotimi, through the book, violated the provisions of the rules governing the professional conduct of lawyers.
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However, the LPDC ruled that the allegations against Mr Farotimi were beyond its jurisdiction.
The committee’s report noted that the allegations in the petition arose from Mr Farotimi’s activities as an author, not in his capacity as a practising lawyer.
“The publication is an intellectual property and not a conduct or action committed while practicing as a Legal Practitioner. All aggrieved parties who find the publication “defamatory” should ventilate their grievances through the regular courts,” the report stated.
LPDC chairman Isaq Bello, who handed down the committee’s decision, explained that the committee’s jurisdiction is limited to professional misconduct directly connected to the practice of law. As a result, the petition to disbar Mr Farotimi was denied.
According to the petition by Mr Babalola’s law firm, also known as Emmanuel Chambers, Mr Farotimi’s book referenced suit number SC/146/2006 between Major Muritala Gbadamosi Eletu and HRH Oba Tijani Akinloye and others, alleging corruption, bribery, and other unethical practices involving judicial officers and the legal community.
The book accused Mr Babalola of comprising the Supreme Court in the service of his clients.
The legal icon’s law alleged in its petition that the book contained defamatory remarks about the Supreme Court and the Nigerian legal profession.
It stated that Mr Farotimi distorted the facts of the case, disrespecting fellow lawyers, and engaging in actions that obstructed justice for personal gain.
It added that the author violated several sections of the Rules of Professional Conduct for Legal Practitioners 2023 and requested that his name be struck off the roll of legal practitioners.
Mr Farotimi’s book, a freewheeling criticism of Mr Babalola, his law firm and its lawyers as well as the entire Nigerian justice system, has prompted criminal and civil cases against him in different courts last week.
In late November, Mr Babalola petitioned the police in Ekiti State, accusing Mr Farotimi of criminal defamation.
The book quickly clinched a bestseller spot on Amazon days after the police arrested him based on Mr Babalola’s petition.
Earlier this month, the police charged and arraigned him before the Chief Magistrate’s Court in Ado Ekiti.
The police also arraigned him before the Federal High Court in Ado Ekiti on cybercrime charges stemming from Mr Babalola’s allegations regarding the book. The judge, Babs Kuewunmi, granted him N50 million bail and remanded him in prison till he met the bail conditions.
The federal court granted him bail but he remained in detention to until after the chief magistrate’s granted him bail on Friday.
In addition to the criminal cases, two lawyers from Mr Babalola’s law firm, Afe Babalola & Co. have also filed separate libel suits against Mr Farotimi at the Rivers State High Court and the FCT High Court in Abuja.
The FCT High Court, has ordered the seizure of physical copies of the book wherever it might be found.
