A legal luminary, elder statesman and philanthropist of no mean pedigree, Chief Oluwole Oladapo Olanipekun, CFR, SAN, is the Principal Partner of Wole Olanipekun and Co., a leading law firm in Nigeria with its headquarters in Lagos, an office in Abuja and a significant presence in various States of Nigeria. A distinguished alumnus of the University of Lagos and the Nigerian Law School, he was called to the Nigerian Bar in 1976 and was elevated to the exalted rank of Senior Advocate of Nigeria (SAN) in 1991. In 1992 he was appointed as the Attorney-General and Commissioner for Justice in the old Ondo State (which encompassed the present-day Ekiti State), a role he discharged with sterling distinction for two years.
A consummate leader at the Bar, both in Nigeria and beyond, Chief Olanipekun served as President of the Nigerian Bar Association (NBA) from 2002 to 2004. He was appointed a Life Bencher in 2007 by the Body of Benchers, and became the Chairman of the august Body from 2022 to 2023. In 2003, he was appointed Vice-President of the Pan African Lawyers Union (PALU). Also, he is an active member of the International Bar Association (IBA).
Beyond his jurisprudential prowess, Chief Olanipekun also bestrides the world of educational administration and philanthropy like the proverbial colossus. He served as the Pro-Chancellor and Chairman of the Governing Council at the University of Ibadan between (2009–2013), Ajayi Crowther University between (2014–2022), and currently occupies same office at his alma mater, the University of Lagos. His respective tenure in each of the citadels has been, and still remains, a metaphor of transformative leadership, marked by infrastructural redefinition, institutional upliftment, and administrative excellence. He is presently the Chancellor of Bamidele Olumilua University of Education, Science and Technology (BOUESTI) Ikere, Ekiti State, and Chairman of the Board of Trustees, Ajayi Crowther University, Oyo. A firm believer in the power of education to drive development and social transformation, Chief Olanipekun has over the years made high-profile donations of infrastructural facilities to institutions of higher learning, such as the University of Ibadan, Oyo State; Bamidele Olumilua University of Science and Technology, Ikere, Ekiti State (his hometown); the Law College of Babcock University, Ilishan-Remo, Ogun State; and the aforementioned Ajayi Crowther University, Oyo, to name just a few.
He has also extended this gesture to judicial and faith-based institutions. His work in social investment and the empowerment of vulnerable groups in society – which he channels through the programmes, projects and initiatives of the Wole Olanipekun Foundation (WOF) is no less notable and impactful.
A pan-Nigerian nationalist and passionate advocate for the rule of law and the good ordering of society, Chief Olanipekun is a recipient of two national honours: Officer of the Order of the Federal Republic (OFR) and Commander of the Order of the Federal Republic (CFR).
Chief Olanipekun and his wife, Erelu (Princess) Omolara Olanipekun, are the parents of four children (all of them are lawyers; two of whom are also Senior Advocates of Nigeria), as well as grandparents.
In a recent wide-ranging interview with the editors of Newswire Law Events Magazine, the former NBA President and Life Bencher offered penetrating insights into the current state of the legal profession and the broader Nigerian polity. He reflected on the challenges and prospects confronting the nation at this pivotal moment in its political and developmental trajectory.
This edition contains the first part of the interview; the concluding part will be published in our subsequent edition.
Excerpts:
NEWSWIRE:
Congratulations Once Again, Learned Silk, on the donation of the ultra-modern Wole Olanipekun Senate Building to Bamidele Olumilua University of Education Science and Technology (BOUESTI), Ikere, Ekiti State, late last year. You’ve been described as a catalyst for the realization of dreams, what values or interests motivate your philanthropy?
OLANIPEKUN:
Thank you for your kind and thoughtful felicitations. Let me say, without any equivocation, that the Almighty God in His infinite wisdom and boundless benevolence, has created every individual for a purpose or for some purposes. He has given unto us a sacred mandate to “go forth and replenish the Earth.” To my mind, the word “replenish” does not and cannot translate to reckless procreation as witnessed around us and erroneously assumed. To my understanding, it translates to the upliftment, enrichment, nourishment, and improvement of the Earth. Every rational human being is, thus, enjoined to make his own meaningful and humble contributions to the betterment of humanity and our environment, and by so doing, to leave indelible footprints upon the sands of time. This summarizes my personal philosophy of life, and without being immodest, I have been guided by it right from my youth, and more particularly, in my adult life.
Coming now to the gifting of a Senate Building to BOUESTI, permit me, to first unveil how BOUESTI came into being. It was formerly a College of Education established by the then Ondo State Government in 1976. Over the years, the people of Ikere persistently agitated to different administrations in Ekiti State to upgrade the institution to a full-fledged University. The then Governor of Ekiti State, Dr. Kayode Fayemi, CON acceded to that noble quest with a proviso that the people of Ikere should, at least in part, make some financial contribution to the take-off of the University. Accordingly, His Imperial Majesty, Oba Adejimi Adu Alagbado, the Ogoga and Paramount Ruler of Ikere Kingdom and my humble self launched an Appeal Fund, calling upon the illustrious sons and daughters of Ikere to make generous donations to this project, and both of us led the pack. My family also made its contribution. Upon the formal establishment of the University, Governor Kayode Fayemi placed a telephone call to me on February 5, 2021, pleading thus: “Sir, I have a humble request, and please do not turn me down. In view of your vast experience in University administration over the years, particularly at the University of Ibadan and, Ajayi Crowther University, Oyo, I am pleading that you accept to serve as the Pioneer Chancellor of the newly established State University in Ikere. In making this plea, we are convinced that it is you who would bring a lot of benefits and advantages to the University, and not the other way round. I am also not unaware that the position of Chancellor is an honorary and ceremonial one, but the fact remains that we need to leverage your name and reputation to develop and advance the University.” Without hesitation, I accepted the clarion call and stated unequivocally that I would not receive any emolument, allowance or honorarium whatsoever from the University; but God willing, I would strive and do all within my means to support and assist the University in every facet of its growth and development. So, when the University Council and Management paid me a courtesy visit at my Lagos office on March 4, 2021, I pledged to donate a Senate Building to the University, for a start. I specifically zeroed on Senate Building in appreciation of the fact that it is the centrepiece, or, the heartbeat of any University. It houses, not just the Vice-Chancellor, Registrar, Bursar and other Senior Management Staff of the University, but also, the Council Chambers, and other Administrative offices.
Although the pledge was made on March 4, 2021, I could not redeem it until November 28, 2024, owing to another pressing and, or, compelling intervention of mine within the town. That is, the construction and donation of a modern High Court Complex to the Ikere Judicial Division of the Ekiti State High Court, in replacement of the derelict and dilapidated old High Court building, built by the old Western Region which dated back to the early 1970s. Today, by God’s grace, the Senate Building at BOUESTI stands as a unique architectural masterpiece on the campus and, in many respects, defines its ambience.
NEWSWIRE:
How would you assess the current state of judicial autonomy in Nigeria today, and how can it be enhanced? What role do you envisage for the Nigerian Bar Association (NBA) in the realization of judicial autonomy?
OLANIPEKUN:
The term “judicial autonomy” is a concept of broad, intricate, and multidimensional amplitude. It cannot and must not be circumscribed or restricted to mere financial independence, as some people erroneously think. While financial autonomy constitutes an important facet thereof, it is, in truth, among others, a microscopic aspect of the larger and more robust ideal of judicial autonomy. Since the 18th Century, Baron De Montesquieu has been justly credited with articulating the doctrine of Separation of powers between the three arms of government, namely the Executive, Legislature, and Judiciary, without undue interference or intrusion by any of the three as to how the other performs its functions or carries out its responsibilities. It, therefore, follows that the judiciary cannot be said to be autonomous if its Judges and Magistrates are neither well-trained nor deeply grounded in knowledge of the law, because intellectualism and professionalism is the first and most indispensable foundation for the attainment of judicial autonomy. Put in different words, it is the first stage of autonomy or independence to a particular Judge or Magistrate. A Judge who lacks mastery of the law, both procedural and substantive, or who fails to undertake regular legal reading, continuing legal education, and or attending seminars, workshops, conferences, colloquia on contemporary issues, will struggle to meet the increasingly demanding expectations of judicial adjudication in this age. A timid personality cannot, by some judicial alchemy, metamorphose into an independent Judge. Similarly, a Judge who looks over his shoulder in fear or apprehension before delivering a ruling or judgment is already in fetters, mentally and institutionally shackled.
Judicial autonomy, therefore, demands that the security of tenure for Judges must be guaranteed not merely as a textual adornment on papers, but in practical and enforceable terms. It further dovetails to the security of the Judge’s welfare as an individual, both in active service and in retirement. Adjunct to the foregoing is the imperative that the Judiciary, like its counterparts in the Executive and Legislative arms, must exercise control over its own purse. Allocations to the Judiciary should not be subjected to executive benevolence or bureaucratic bottlenecks but be placed on the first-line charge of the Consolidated Revenue Fund.
Without sounding immodest, during my tenure as the Chairman of the Body of Benchers, between 2022 and 2023, I championed the cause and led the campaign for improved welfare packages for Judicial officers, and in furtherance of this noble subject, I obtained the approval of the Body to inaugurate a Standing Committee known as Judicial Advisory Council. Under the auspices of this Council, we engaged a leading Firm of Messrs. Ernst & Young to conduct a comparative analysis and peer review of the salaries, emoluments, and conditions of service of Judicial officers across selected jurisdictions globally. The cost of this engagement was personally borne by me, albeit with commendable support from Prince Lateef O. Fagbemi, SAN, a Life Bencher, now the Honourable Attorney-General of the Federation and Minister of Justice. The final Report of Ernst & Young was submitted to the Body of Benchers, which in turn constituted a Review Committee to look into it before the Report was presented to the then President of the Federal Republic of Nigeria, President Muhammadu Buhari, GCFR (God rest his soul). It is only fitting to acknowledge that President Bola Ahmed Tinubu, GCFR, deserves commendation for embracing and implementing the reviewed package to improve the welfare of judicial officers. It is pertinent to place on record that this was how the journey started, and without being immodest, President Muhammadu Buhari, GCFR, on September 29, 2022, had this to say: “I am not unaware of the passion and commitment of Chief Olanipekun in championing the cause of the welfare of judicial officers in Nigeria, as well as the commitment of the Body to this goal. May I restate my commitment towards this ideal and to reiterate our administration’s willingness to implement the 2018 Report of the Committee on the Review of Judicial Salaries and Conditions of Service. In similar vein, I have been intimated of the engagement of Consultants by the Body, through its Judiciary Advisory Committee, to amongst other things, come up with a peer review of the conditions of service of Judicial Officers in Nigeria with other countries and jurisdictions, within and outside Africa… this will assist us in no small measure, in our review of the welfare packages.” Be that as it may, the independence/autonomy of the Judiciary is not, and cannot be, a one-off pursuit or a fleeting mission. Rather, it is a continuous one and must be vigorously pursued. It must be perpetually placed on the front burner of national discourse. It is a mission that must be jointly and conscientiously pursued and accomplished by all stakeholders; not just the Executive, the Legislature and the Judiciary; but also, individual Judges, the Bar, and indeed, the citizenry. For the Judiciary remains, and must remain, the bulwark of the people’s liberties, the last bastion of hope, and the uncompromising sentinel of justice and rule of law.
NEWSWIRE:
It is no secret that the legal landscape in the 21st Century is largely different from when you first began to practice law, with the advent of changing work paradigms, potentially disruptive new technologies, the prevalence of cross-border partnerships and transactions, the large number of lawyers being called to the Bar on yearly basis as against the industry limited demand, amongst other challenges. What advice would you give an early-stage lawyer just starting out today, on how to navigate this rapidly changing legal landscape and marketplace?
OLANIPEKUN:
When we were called to the Bar in 1976, I doubt if we were up to 400. At that time, only four Nigerian Universities, University of Lagos, Ife (now Obafemi Awolowo University), Ahmadu Bello University (ABU), and University of Nigeria, Nsukka, offered Law degrees. When people like us completed the NYSC, jobs were plentiful; I personally had six or seven options, but I chose to dive into private practice of Law.
Back then, there was just one Nigerian Law School Campus in Lagos. Today, however, no fewer than ninety accredited Nigerian Universities offer Law degrees, and the Nigerian Law School has expanded to seven Campuses across the country. Nearly everyone called to the Bar in our era secured gainful employments shortly afterwards. I doubt if there was anyone of us called to the Bar in 1976 who did not secure a gainful and satisfactory employment immediately thereafter. Back then, as well, the numerical strength of lawyers in Nigeria was not up to 2,000. The Nigerian economy was very strong; one of the most stable economies in the world, at that. As of today, Nigeria has over 200,000 lawyers in active practice across the country, and, between December 2015 and July 2025; 56,029 Lawyers were called to the Nigerian Bar; 6,879 in 2015, 6,427 in 2016; 5,762 in 2017; 6,345 in 2018; 5,324 in 2019; 1,785 in 2022; 5,233 in 2021, 6,218 in 2022; 1097 in 2023; 5231 in 2024, and 5,728 in 2025. The Body of Benchers has fixed two more ‘Calls’ for 2025, that is, for September and November, respectively, translating to the fact that in 2025, more number of Lawyers would have been called to the Nigerian Bar.
In my address as Chairman of the Body of Benchers, delivered at the Call to Bar Ceremonies held on the 6th and 7th of December, 2022, I undertook a comparative analysis of the number of Lawyers called to the Bar in Nigeria and the United Kingdom between 2017 and 2021 (Since our Common Law derives its origin from there); I arrived at the following conclusion: As of 2017 in Nigeria, the total number of practising Barristers and Solicitors was 202,335; it increased to 208,680 in 2018, translating to a 3.14% increase. The number rose to 214,004 in 2019, demonstrating an increase of 5,324 and a percentage increase of 2.49%; the figure rose to 215,789 in 2020, a numerical increase of 1,785 (due to the impact of COVID-19) a percentage increase of 0.83%. In 2021, the number rose to 221,022, an increase of 5,233, translating to 2.42% increase; in 2022, the number rose to 227,240, an increase of 6,218, translating to 2.74% increase. In 2023, the numerical strength rose to 228,337, an increase of 1,097, translating to 0.48% increase; in 2024, the number further rose to 233,568, an increase of 5,231, translating to a percentage increase of 2.24%; and in 2025, the numerical strength is 239,296, with an increase of 5,728, translating to a 2.39% increase. As for the United Kingdom, between 2017 till date, the number of solicitors on the roll in England and Wales grew from approximately 185,000 to 211,971, with 172,429, holding practising certificates, as of June 2025. This growth reflects a steady annual increase of about 3%, though a temporary dip occurred in 2023 due to the reintroduction of Roll‑Keeping Regulations. The practising Barristers population remained relatively stable, rising modestly to around 17,800. Overall, the UK legal profession now comprises approximately 230,000 active Solicitors and Barristers, reflecting a measured and sustainable expansion aligned with regulatory framework and market capacity. There is no gainsaying the fact that the United Kingdom economy is more buoyant than ours, to put it very mildly, and despite the fact that more employment opportunities abound for lawyers in the United Kingdom than in Nigeria, Nigeria produces more than triple the number of lawyers annually than the United Kingdom produces on a yearly basis.
Thus, the argument on whether or not Nigeria is over-lawyered is neither here nor there, if the number of lawyers we have is compared with our projected population. However, the stark reality remains; demand for legal services has not kept pace with supply; employment opportunities in both private and public sectors are shrinking and dwindling. Put differently, the available lawyers overcrowd the few available employment spaces, both in the private and public sectors, leading to fierce competition; “the survival of the fittest,” assuming the fittest will even survive.
Adding to the conundrum is professional encroachment, Accountants, Estate Managers and Valuers, amongst other professionals, nowadays, increasingly take roles traditionally reserved for lawyers. Not done yet, we are also witnessing the rise of technology and digitalization, particularly the emergence of Artificial Intelligence (AI), which, if care is not taken, will, in the near future, shove lawyers out of legal practice, even regarding litigation and advocacy in its substantial form if we fail to adapt and evolve.
As far back as 2010, Richard Susskind, in his seminal work titled “The End of Lawyers?”, had warned that the advent of digitalisation and commoditization of technology, outsourcing, Artificial Intelligence, and global investment would require lawyers to re-assess, recalibrate, re-strategize, re-align, and upgrade themselves in order to face and overcome the challenges of the 21st Century. Here in Nigeria, the profession faces more acute threats and existential danger, which are both exogenous and endogenous. Nevertheless, my admonition to young lawyers is this: irrespective of the seeming overcrowding in the profession, there remains room for those who aim high, who work hard, who are industrious, assiduous, diligent, honest, dedicated, forbearing, resourceful, painstaking, and focused. Let me re-echo my appeal to young lawyers as encapsulated in my poignant address at the Call to Bar on 6th and 7th December 2022 thus:
“Do not engage in strife, blackmail, mudslinging, campaign of calumny, treachery or any attempt to run or pull anyone down. Flee from envy like a plague, for envy breeds hatred and unjustified contempt for others. Appreciate your colleagues and peers, as well as senior members of the profession who have received God’s benevolence, and pray that your own time will come.”
NEWSWIRE:
You are widely regarded as one of the foremost lawyers in Nigeria, could you share the secrets behind your success, as well as the highs and lows of your career for the benefit of the younger generation?
OLANIPEKUN:
I do not know whether I am one of the foremost lawyers in Nigeria, but all I can say, to the glory of God, is that I am a very contented lawyer, always working and appreciating God from where I started and where I am now. I don’t subscribe to the school of thought of those who contend that they are self-made, for no one can make himself but God does; “it is not of him that willeth, nor of him that runneth, but of God that sheweth mercy”.
You are inquiring about the ‘secrets’ behind what you describe as my success, and my simple response is that I have received God’s grace and benevolence. Let me share this secret with you – Right from the get-go, I had always aimed high, and as soon as I was called to the Bar,, , I fixed my gaze on the luminaries, leaders,, patriarchs and potentates of the legal profession, those whose reputations preceded them long before I was called to the Bar, , more particularly, the likes of Chief F.R.A. Williams, SAN; Chief R.O.A. Akinjide, SAN; Chief G.O.K. Ajayi, SAN; Chief Obafemi Awolowo, SAN; Chief R. A. Fani-Kayode, SAN; Kehinde Sofola, SAN; Chief Olisa Chukwura, SAN; Dr. Mudiaga Odje, SAN; Dr. Augustine Nnamani, SAN; G.C.M. Onyiuke,SAN; Prof. A. B. Kasumu, SAN; Chief F. O. Akinrele, SAN; J. B. Majiyagbe, SAN; Chief (Mrs). Folake Solanke, SAN; Chief Afe Babalola, SAN; Chief T. O. S. Benson, SAN; Clement O. Akpamgbo, SAN; Prince Bola Ajibola, SAN, among others. These eminent figures served as my compass and point of aspiration, telling myself that God willing, I too shall walk their path. I have had the privilege of appearing alongside some of these legal juggernauts, whether appearing with them for the same side or, at other times on opposing divides; that is, representing different clients or interests, and I must confess that my goal at all times was not just to learn from them but to be where they were/are. When Ebun Sofunde, SAN and L. N. Mbanefo, SAN were both announced and sworn – in as Senior Advocates of Nigeria in 1988, I was transfixed before my television set when I noticed that they were not old men but relatively young counsel; and I said to myself with quiet resolve, if these young lawyers can become Senior Advocates of Nigeria, I too would be one, pretty soon. Without indulging in self-adulation, I have always emulated senior counsel, but I have never been envious of them. Even when I felt that any of them had been unfair to me, I was never rude or nasty , neither have I made any effort to pull any of them down, for I know what it means to attempt to pull an elder down. In terms of commitment and concentration, apart from the two years, between 1992 and 1993 that I served as the Attorney-General and Commissioner for Justice of the old Ondo State, I have always been immersed in active legal practice without disattraction. I have always taken Law as a profession, a calling, a consecration, a ministry, a sacred trust, a goal, a mission and indeed, an opium. I try as much as possible to be an avid and voracious reader as well as a fast writer. Till now, I am a voluminous reader, not just of text of law, literature, but of diverse works, publications, journals, articles, including newspapers, etc. I have never believed that a lawyer should indulge in filing his processes out of time; rather, that a diligent lawyer, particularly for a plaintiff, complainant or appellant, should not only file his client’s process within time, but within such a time, so as to gain or secure an advantage for his client in terms of expeditious disposition of the matter, bearing in mind the truism that the opposing counsel’s time to file his own process starts from the time you serve your process on time. In and out of Court, I cannot remember when I quarrelled with any Judex or Counsel. I recall an instance when I appeared before Justice Komolafe at the Ondo State High Court, Akure (Justice Komolafe was my Solicitor-General and Permanent Secretary when I was the Attorney-General of the Old Ondo State), and I reacted to a counsel’s proposition regarding the scheduling of the matter as ‘clumsy’, and the Counsel who was very junior at the Bar, stood up to object to the use of the word ‘clumsy’ which to me was not offensive. Notwithstanding my innocuous employment of the word, I rose up not only to apologize to him, but also to take the word back. Mike Ozekhome struck a chord of respect and adoration with me on a particular day both of us appeared before Egbo-Egbo, J. at the Federal High Court, Abuja. Despite the fact that I was sitting at the Inner Bar and he, at the utter Bar, I extended to him, full respect and courtesies and at the end of the proceedings, he came out to hug me, shouting loudly that he had not come across a more humble silk than myself. I can say without any fear of contradiction that here at our office, and since we established the chambers, I have always endeavoured not just to teach lawyers how to learn the ropes, but I also lead all my juniors by example in terms of diligence, hard work, modesty, motivation, self-restraint, forbearance, professional ethics, ethos and pathos, etc. I wonder if any alumnus of our Law Firm, past or present would say, assert or testify that I have done anything to the contrary. Without boasting, every colleague who has passed through my hands and those who are still here, including each of my four children learn from me a lot in terms of preparation of processes, documentations, pleadings, brief of arguments and advocacy. And for the teeming colleagues that I have worked with on diverse topical cases, I have tried as much as possible not to be an armchair leader, rather, to always lead by example as well; for example, if we meet to deliberate on any particular brief and responsibilities are shared, I strive as much as possible, not only to turn in my own task within time, but also do a lot of work on other areas so as to offer support and encourage reciprocity to enhance the final outcome. Still on the secret behind what you termed “my success”, I must say that I have been lucky to have come across very thoughtful, painstaking, remarkable, fatherly, and courteous Judges in my career, particularly, at the teething stage, starting from my very first appearance at the High Court of Kwara State, Ilorin, before the Honourable Justice Gilbert Obayan in the matrimonial cause of Okin v. Okin, where the Judge gently guided me to go on with a divorce matter on the same day and also presented the final address, same day. That was my first appearance in Court and having shrugged off the fear and trepidation of appearing before a High Court Judge that very day, the Rubicon was seamlessly crossed. I also recall my earlier appearances at the Court of Appeal, Kaduna Judicial Division, in Olawuyi v. Adeyemi (1990) 4 NWLR (Part 147) 746, under the auspices of renowned Justices like Uthman Mohammed, Sani Salith Aikawa, Okay Achike J.J.C.A., and a host of other eminent Jurists who were always prepared to guide counsel without bullying them, I mean the likes of Adenekan Ademola, E. Akpata, Bolarinwa Babalakin, Diekola Ogundere J.J.C.A. Ditto for my first appearance at the Supreme Court, a full panel of Bello, Obaseki, Eso, Nnamani, Uwais, Aikawa, Kazeem and Oputa J.J.S.C., in J. K. Randle v. Kwara Breweries Ltd. (1986) 6 SC 1, where I was the leading Counsel to the Respondent and the late Prince Ijaodola was Counsel for the Appellant. For one careless reason or the other, our Brief of Argument was not filed, and my junior, the late Saka Isau, SAN was scared stiff of drawing my attention to it till the eve of the hearing when I invited him to my Hotel Room for the customary pre-hearing preparation. While appellant’s Counsel argued his Appeal by adopting his brief and the Court was about adjourning for judgment since Respondent had no brief of Argument, I courageously rose on my feet, as if propelled from above to audaciously inform the Court that I want to address it orally on an area of jurisdiction, citing a particular Rule of the apex Court that allowed me to so do. The Justices were rather surprised at my audacity, beaming with a gaze and a pin-drop silence enveloped the entire Courtroom, and every other counsel shifted attention to me, but I was not discouraged. Like a father, Bello, JSC, who presided, inquired what I wanted to address the Court on, and with that guided inquiry, I drew their attention to the fact that right from the High Court through to the Court of Appeal, and up to the Supreme Court, the certificate of incorporation of the Respondent, my Client was not tendered by the Appellant whereas, the paragraphs of the statement of claim, describing it as a limited liability company were denied by the defendant/ Respondent. From then on, attention shifted to the Appellant’s Counsel who, in a manner of speaking, unwittingly assisted my position by responding that while the certificate of incorporation was not tendered as an exhibit, the Court could and should take judicial notice of the fact that the Respondent was incorporated under the Companies Act, 1968. It was at this stage the Justices picked up their pens and ordered us to address them orally. I excitedly did, citing some decisions, and submitting that there was no juristic personality before the Court as the Respondent. Prince Ijaodola argued per contra, after which the Justices retired to Chambers and came out to deliver their Judgments, agreeing with me and dismissing the appeal on the ground that the only way the incorporation of a company can be proved is by tendering the certificate of incorporation. Since that moment as well, my feverish fear of appearing before the apex Court was dismantled and there has been no going back. The Nigerian legal system, unlike that of the British, permits a legal practitioner to have competences and ply his trade across all spheres of legal practice. To my mind, a thoroughbred Nigerian legal practitioner is more advanced and grounded in law than his English counterpart. I have fairly been involved in diverse aspects of legal practice, taking up matters from the High Court to the Court of Appeal and ending at the Supreme Court. Some of them are very topical while others are constitutional. We have won some and lost some as well, as no lawyer wins all his cases. As the late renowned Jurist, Kayode Eso, JSC aptly put it, a lawyer does not need to win all his cases to be successful.
Our Law Reports can attest to a handful of the cases handled by us. I have also been lucky to work with consortia of lawyers, as in the last couple of years, some litigants and multinationals would prefer a team of lawyers to attend to their cases. Senior colleagues, particularly Chief F. R. A. Williams, SAN and G. O. K. Ajayi, SAN had led me in some cases, while in the past fifteen years or thereabouts, I have been called upon to lead teams of very eminent and respected colleagues. I cannot remember any particular instance where I fell out with any of the several colleagues I have worked with, but I cannot know whether any or some of them fell out with me. In summary, I can boldly say that God has been gracious unto me in my legal career. Without boasting or waving any air of pride, I thank God for a fulfilled career. The highs have been in multiples, while the lows have been very low. To my knowledge and recollection, I have never been rude to any Judge; I have also not at anytime, done any petition against any Judex, not even when we were almost forced to do so against a particular High Court Judge in the old Kwara State. And by the word “we” I meant Roland Otaru, SAN and myself, as Roland spent over seven years with me as a junior colleague. While some Judges have not been reciprocally fair to me in terms of courtroom courtesies, I have always maintained my calm and dignity both as a junior counsel and a Silk. The legal profession has exposed me to a lot of positions within its ranks, starting from being Secretary of a Branch to a Chairman; member of NBA/NEC since 1986; at a point in time, member of the General Council of the Bar; National President of the NBA; Acting Chairman of the Council of Legal Education; member of the NJC at a point in time; member of Body of Benchers since 1992 and later, Chairman of the Body; and for two years, the Attorney-General and Commissioner for Justice of old Ondo State, amongst others. You made me mention all this since you want the younger generation to benefit from my experience. Most humbly, I have always given my all to the profession, in and out of Court; in and out of my Chambers; and in each of the positions I have occupied so far. I have said earlier that the lows in my career have been very low, and as a policy, I do not reckon with the lows since they are dwarfed by the highs. However, it will be remiss of me if I do not comment on a particular low period in my career, where in an attempt to attack my person, as well as assault my character and integrity, an innovation was made out of the molehill of an otherwise regrettable error by a counsel in chambers; a counsel who joined our chambers in January 2022, and sent out an email on 20th June, 2022 (less than six months after joining us), referencing causes and appeals that we concluded long before the lady lawyer joined us, particularly, the appeals we handled for Shell Petroleum Company of Nigeria Limited and Statoil Nigeria Limited at the Supreme Court; and another matter we handled, leading a team of other eminent colleagues of the inner and utter Bar for the MTN Nigeria Telecommunications Limited against the Attorney-General of the Federation at the Federal High Court, Lagos in Suit No: FHC/L/CS/1474/2018. The particular MTN matter was settled out of court, following which it was withdrawn and struck out by the court on 30th January, 2020, that is, two years before she joined us. As for the Statoil matter, we came into the appeal at the Supreme Court, leading two of the foremost Law Firms in this country; Aluko & Oyebode and Udo-Udoma & Bello Osagie, particularly, Babatunde Fagbohunlu, SAN, Adeniyi Adegbonmire, SAN and Uzoma Azikiwe, SAN. While the appeal was won on the merit and based on compelling facts of the case and previous decisions of the Supreme Court itself, judgment was given on 5th February, 2021, that is, one year before the lady lawyer joined us. The principle espoused in the case had a few months before then, been applied by the Supreme Court in Crestar Integrated Natural Resources Limited v The Shell Petroleum Development Company & 2 Ors. (amongst others), and has subsequently also been applied by the same Supreme Court, in Britannia U Nigeria Limited v Seplat. So, the Supreme Court has been consistent on the applicable law to the fact in that case, relating to the Federal High Court’s lack of jurisdiction in matters of simple contract. Years before the Statoil appeal, our firm had also (leading other law firms) handled the case of Sifax v. Migfo at the Supreme Court, where the same issue of the jurisdiction of the Federal High Court in matters of simple contract was decided. As for the Shell appeals, I was also called upon by Shell to lead another foremost Law Firm in Nigeria, Babalakin & Co., at first, applying for leave of the Supreme Court to allow Shell appeal against the decision of the Court of Appeal, Port-Harcourt Judicial Division, which dismissed the appeal against the decision of the Federal High Court that awarded about N5 billion against them as special damages and about twice the quantum of special damages, that is N10 Billion as general damages. In the first application to the Supreme Court, I led very eminent colleagues, including Dr. Wale Babalakin, SAN and Wale Akoni, SAN for Shell. But the Supreme Court refused the application for leave. The case is now reported in Part 1668 of the Nigerian Weekly Law Report and it was decided over three years before she joined us. Shell decided to bring in two leading counsel in the country – Prince Lateef Fagbemi, SAN (now Honourable AGF), and Chief Kanu Agabi, SAN (former Honourable AGF) to join our Chambers and Bablakin & Co. to present another application to the Supreme Court for leave to appeal. The application was also dismissed in November, 2020 – about two years before she joined us. The Ruling is now reported as S.P.D.C.N. Ltd. v. Agbara (2021) 7 NWLR (Pt. 1775) 356. Bemusingly, the email sent by the counsel to Saipem SPA on 20th June, 2022, related to a matter that had been struck out as far back as February, 2022. The matter attracted public attention and its discontinuance also made the news, in a way that litigation lawyers who were abreast of current affairs in the dispute resolution space were well informed of every development, including the discontinuance. The proceedings were criminal proceedings which took place in open court and there was nothing classified about the events in the case and its termination. That was four months before her mail. So, as at the time of the email, the case was non-existent, concluded and in fact, dead. For goodness’ sake, is it even logical that a counsel of any standing, howsoever, would influence a topical case at the final court or any court at all, so as to lose the case? Then, further, is it also logical that I could have authorized celebrating a case I lost, as basis to attract a new brief? These rhetorical questions should agitate the mind of any rational lawyer. In fact, without sounding immodest, I have, on several occasions courteously declined briefs of immense pecuniary value, sacrificing financial gains at the altar of higher convictions, both personal and national.
Throughout the vicious attacks on my person as well as the wicked and malicious propaganda leveled against me by people I have led in several cases and who were considered as very close to me, no one cared to make a call or whisper to me to inquire what happened or what the position of our office was. None of them took the least care or pain to check the backgrounds of those cases and cross-check how they were resolved, particularly, in these days and times when technological innovations have made information easily assessable. The underserving attack was so vicious, malicious, reckless, denigrating, mean, thoughtless, and inhumane. The entire drama started like a child’s play at about 10:30am on 24th June, 2022 when my two Secretaries, Remi and Kehinde drew my attention to the very lengthy letter sent to me by my friend, respected, colleague and church-mate, Henry O. Ajumogobia, SAN, to which he attached the counsel’s mail to Saipem SPA. When I read both, I sank into my chair in distress, as I was perturbed by both. It was a real emergency. We immediately summoned a meeting of some Counsel who were in the office as the Managing Partner travelled to Abeokuta to handle a matter and quite a number of lawyers were outside the office attending to professional assignments. An initial response clarifying the situation was immediately done to the law firm of Ajumogobia & Okeke and a subsequent one within 48 hours by our firm’s Managing Partner, who alongside myself, had also made personal contacts with the leadership of the firm of Ajumogobia & Okeke.
Gradually, a few persons who didn’t like my person for reasons best known to them or who saw an opportunity for publicity and personal aggrandizement constituted themselves into interest groups to commence an onslaught. The attacks came in quick coordinated successions. In fact, an attempt was made by a few of them to procure a frontpage slot in ThisDay Newspaper to champion the call for my resignation as the chairman of the Body of Benchers. The publisher, Mr. Ndukka Obaigbena had to intervene to stop the process, on the ground that I remained a Nigerian brand that commands respect and should not be maligned. Shortly thereafter, the NBA, an Association that I have given my capacities for over thirty years, called for my head. This was also without any of the officers of the Association, including the two Presidents who were successively in office at the gloomy period, giving me or our office any hearing at all, whether fair or unfair. No communication whatsoever and howsoever was exchanged between the NBA and myself, and neither did they conduct any investigation or enquiry, asking me to present any case or say a word before the NBA instituted charges before the LPDC against the lady counsel and myself, relying on information, according to them, gathered from the social media. Yet, before and at that point in time, I was the leading counsel to the NBA, having successfully represented it, against a most challenging legislation to the practice of law in Nigeria – the amendment to the Money Laundering Act, at both the Federal High Court, Abuja and the Court of Appeal, Abuja. The matters are Suit No: FHC/ABJ/CS/173/2013- Registered Trustees of Nigerian Bar Association v. Attorney-General of the Federation & Anor; Appeal No: CA/A/202/2015 – Central Bank of Nigeria v. Registered Trustees of the Nigerian Bar Association(now reported as [ Central Bank of Nigeria v. Registered Trustees of the Nigerian Bar Association (2021) 5 NWLR (Pt. 1769) 268]. The appeal is currently pending at the Supreme Court in SC732/2017 – Central Bank of Nigeria v. Registered Trustee of the Nigerian Bar Association. In fairness to Olumide Akpata’s immediate three predecessors-in-office, Okey Wali, SAN, Augustine Alegeh, SAN and Paul Usoro, SAN, they appreciated my role as Counsel to NBA at a very critical time, both in writing and verbally, and at each of the Annual General Meetings they presided over, they presented glowing reports about me to the lawyers, informing them that I handled the matters pro bono, and even used my personal funds to pay for the filing of the processes as well as settlement of all logistic expenses, including transportation, accommodation, feeding, etc., for myself, my juniors and aides. In that case, I had led, amongst other senior counsel, Funke Adekoya, SAN, Mike Ozekhome, SAN and Jide Ogundipe. In other words, the NBA was also unwittingly attacking its own counsel – a very odd and unusual scenario. While I cannot lay claim to having led Mr. Olumide Akpata who was the NBA President when the imbroglio started, I lay a humble claim to have led Y. C. Maikyau, SAN, in some topical cases, both at the Supreme Court and at the Federal High Court, including: SC.1434/2019 – Makinde v. Adekola, reported in part 1834 of the Nigerian Weekly Law Report, which has now been reported as Makinde v. Adekola (2022) 9 NWLR (Pt. 1834) 13 and FHC/ABJ/CS/1313/2021 – Attorney-General of Abia State & 35 Ors. V. President, Federal Republic of Nigeria & Ors. He is aware of my leadership and work style as to the nature of efforts we deploy to advance the causes of the clients we have worked together for. It is rather ironic that the same Y.C. Maikyau, SAN, had less than a year before the whole rampage, made the following glowing remarks about me: “Thank you for your purposeful leadership and mentorship which you bring to many whom you may not have met or known. We are witnesses to the investments you have made and still make to the profession and like a popular Nigerian Preacher will say, ‘Only fools doubt proofs.’ We refuse to be foolish!!”. One can, therefore, hardly reconcile these words and actions with his subsequent conduct.
Sadly, the NBA suspended its much-taunted motto (Promoting the Rule of Law) in its crucifixion of one of its former Presidents, as well its leading counsel for obvious reasons. As at the time I handled the celebrated case of Oyeyemi v. Comm. for Local Govt. (1992) 2 NWLR (Pt. 226) 661, which is one of the leading and often cited decisions on fair hearing, little did I know that I would at a later time face a worse situation than what my then client, Oyeyemi faced .
A group, known as the Justice Reform Project (JRP), suddenly waded in, taking it as a gospel to be spread everywhere, condemning me unheard, presuming and adjudging me guilty, and calling for my resignation or stepping aside as the Chairman of the Body of Benchers. Apart from Ebun Sofunde, SAN, a man I hold in very high esteem, I am not only senior to other members of the group, but I have led most of them in diverse matters, and at that point in time, I was still leading one or two of them in some matters. Howbeit, it was just about five or six out of the twenty members of the group who were championing and attacking my person for personal reasons, and in the process of trying to bring others on board, they were so much in a hurry to reel out all members of the group in their unsigned advertisements and publications, to the extent of including Wemimo Ogunde, SAN, the father of the lady in the midst of the storm – a gentle man who had earlier written to Mr. H. O. Ajumogobia, SAN, stating inter alia, that her daughter had confided in him that neither myself nor our office knew anything or was even remotely connected with the mail. Still on the Statoil appeal, two highly respected colleagues of the Silk, Babatunde Fagbohunlu, SAN and Adeniyi Adegbonmire, SAN, as well as their colleagues from the leading firm of Aluko & Oyebode worked assiduously with us in preparing the court papers that were presented at the Supreme Court and also appeared with me to argue the appeal. Yet, the masterminds of the publications by the JRP included their names on the list of those allegedly calling on me to step aside on the propaganda that the appeal was won through influence. In retrospect, I am sure they would appreciate the fact that they could have been more temperate and reflective. Jubril Okutepa, SAN, had the courage of his conviction to dissociate himself from the vicious publications of the group, querying why his name was listed on the publication, despite having previously left the membership of the group. Various other members, whose names were also listed on the publication as part of the authors, reached out to me to dissociate themselves from it.
Even when the LPDC came up with its decision that I and other Partners in the firm were not liable and could not have been liable in the matter, and that NBA should not have reported me or ask for my prosecution, the NBA was still unrelenting, until the Body of Benchers put a stop to the entire rampage. I understand a member of the group was circulating the Direction of the LPDC on social media outlets after the Committee reached its decision against the lady, a daughter of one of their members. With all respect to members of the group, I can stake my integrity, reputation, character, carriage and fidelity to the ethics of our noble profession with anyone of them. It would appear that while I was a victim of the young lady’s vexed email, she equally was a victim of those who, unknown to me, herself and her father, had longed for ways and means to come after me. Unfortunately, she became the ultimate victim. Borrowing from an anonymous quote, I was not the problem, but the mirror which they wanted to crack. Sadly, the lady who was also neither their problem nor the mirror, eventually became the victim.
One may wish to ask whether I hold any grudge or nurse any ill-feeling against any of my many persecutors and traducers. The clear answer is NO. Vengeance belongs to no man but to God. However, God used the occasion to open my external and internal eyes to appreciate people who called themselves my friends, whereas, they are/were fiends. They had “daggers in their smiles”, apologies to William Shakespeare in Macbeth. They inflicted on me the ‘unkindest cuts of all”, apologies to Shakespeare again in Julius Caesar. They were launching arrows at night and evoking pestilence at noon. During the period as well, the words of Psalm 2:1–2 kept on ringing in my ears: “why do the heathen rage, and the people imagine a vain thing? The kings of the earth set themselves, and the rulers take counsel together, against the Lord, and against his anointed”.
While the law firm and I maintained our calm, I must confess that it was a learning curve for self-restraint, because we had taken a decision not to join the fray; but there were moments we considered that there was a compelling need to respond to the harassments. I was also conscious of my high position as the Chairman of the Body of Benchers, knowing full well that some people deliberately wanted to draw me to the arena. However, our consolation and assurance were that the truth would always prevail. I must confess that quite a number of professional associates and mentees felt that I deserved some respect and better treatment from our colleagues and the NBA, particularly, as I have always admonished them to adhere strictly to professional ethics and values. Frankly speaking, where permissible, I have always endeavoured to achieve rehabilitation for erring juniors and colleagues, rather than going all out for their elimination. Even in aggravated circumstances where counsel shows sobriety and there is no irreparable damage, which gives latitude for discretion, my predisposition is usually that of graciousness and affording counsel that is genuinely contrite and penitent, a second chance. One example will suffice. Years back, I handled a land matter for a community in Kogi State, which was sued by another community as defendant. We won at the High Court; and on a further appeal to the Court of Appeal, we won as well. The other community appealed to the Supreme Court, and I quickly settled my client’s Brief as Respondent’s Counsel. After extension of time, members of the community became agitated when there was no hearing notice served on us/them by the Supreme Court for the hearing of the appeal. They complained to me, but I assured them that the Supreme Court would always and usually serve Hearing Notices on Counsel. It was later we noticed that a Hearing Notice meant to be served on me was diverted by another counsel who went to the Supreme Court to adopt the brief I prepared and signed, without my knowledge or consent, and without any nexus whatsoever, with my client. I was naturally enraged but decided not to make a decision on the spur of the moment and in the heat of passion. Coincidentally, the erring lawyer was a son of a former President of the NBA, one of my highly respected predecessors-in-office; thus, I decided to put a call through to the father, and after the exchange of pleasantries, I narrated the story to him. He was equally enraged, but asked me what we should do; and my instant response was that “Sir, the young man needed rehabilitation and counselling.” The father was so surprised at my magnanimity, and he instantly started praying for me, saying, amongst others, that I would be greater than him. He later asked the young man to come to my office and immediately he sighted me, he prostrated and started pleading. I was convinced of the genuineness of his remorse and after counselling him and extracting assurances that such conduct would not be repeated, I assured him that it was all over, more particularly so, that the appeal was dismissed. I also persuaded the members of my client’s community to reason with me and they were placated by the fact that the Supreme Court dismissed the appeal ultimately.
At the NBA level, when I was President, I noticed through flying letters all over, that there was a serious dispute between two predecessors of mine over a very serious ethical subject. To be honest, from the exchange of letters, I could hazard a guess as to which of the parties was at fault. However, rather than jumping to report any one of them to the LPDC without first hearing from them or condemning either based on letters that had come to my attention, I invited both of them and sought to hear their respective sides of the story. My first resort was mediation and fortunately, I got the matter amicably resolved, whilst passionately assuaging the genuine feelings of the offended colleague. These two narrations have been given against the background of your question, so as to accentuate the point on what the young generation can emulate from me; and to also address the disturbingly growing culture of hatred and malice in the profession nowadays – a situation which tend to support a school of thought that the legal profession is losing its humanity, as some of our colleagues take joy in pulling people down. This is sadistic, apart from being unholy and ungodly. I must not be seen or heard to be advocating condonation for irresponsible or sacrilegious conducts. However, reaction and sanction must be case specific, commensurate and in all circumstances, not derogate from the principles of fairness, equity and natural justice, qua fair hearing, which we lawyers advocate. Having said all these, I have every reason to thank God, for not only vindicating me, but for also justifying me and our law firm. While some were busy, expecting my/our downfall, God was busy showing and bestowing blessings and honour on me/us. It was in the heat of the attack that the late President Muhammadu Buhari conferred on me, the third highest national honour of Commander of the Order of the Federal Republic (CFR) without any application or solicitation from me. It was at the same period that the Federal University, Oye, Ekiti State, not only conferred on me an honourary doctorate degree, but also appointed me as a Visiting Professor of Legal Practice, the first to be so appointed in the University, if not the entire country. Above all, I ended up on a very successful note as the Chairman of the Body of Benchers and my records are there for everyone to see. I have said earlier that the secret things belong to God, but He reveals to us at the appropriate time the ones that will be of benefit to us and our generation. I picked one pertinent statement from Mr. Olumide Akpata, the then President of the NBA, who, after his motion, calling for my stepping aside as Chairman of the Body of Benchers, failed and was not supported by any Bencher, described a good number of the members as hypocrites and ostriches, as, according to him, before the meeting, they were egging him on with the words: “Wole should not be there”. I recall as well the hint given to me by H. O Ajumogobia, SAN, after the reconciliatory meeting initiated between us by the Primate of our Church that I should be wary of some of the counsel I lead in cases. Since I left office as the NBA President in 2004, I have made it a habit not to criticize any successor of mine publicly, hence, I restrained myself from joining issues with the two Presidents of the NBA who were involved in the imbroglio. With particular reference to Mr. Olumide Akpata, it was my humble self who defended him at the meeting of the Body of Benchers held on 13th December, 2021, and 21st June, 2022. The minutes bear eloquent testimony to this. The Association became so mean to the extent of sponsoring a junior counsel to institute an action against me at the FCT High Court Abuja, not just asking for my resignation as the Chairman of Body of Bencher, but also that all cases that I have handled should be set aside, including the ones I lost, as well as the ones I won for the NBA itself. It was the judgment members of the NBA were presenting to Banks to allow them open accounts without the SCUML requirement. The case instituted at the FCT High Court was not only frivolous and scandalous, but solely aimed at embarrassing me, and at every time it came up, the young lady lawyer, who was also being represented by her young lawyer husband would fail, refuse and neglect to go on with the case. Rather they were busy addressing sponsored media crews after every court session. They deliberately did not even serve the other co-defendants. Both husband and wife wanted to become popular at the expense of my name and reputation. Shortly after the entire dust settled, a client briefed me to lead some very eminent colleagues including Dr. Onyeazu Ikpeazu, SAN and Valentine Obi, SAN in respect of a matter at the Court of Appeal, Lagos, and at one of the pre-hearing brainstorming sessions in our office, I noticed that one of the junior colleagues was very unstable or uncomfortable. Eventually, he said “Sir, you are such a great advocate” or words to that effect, to which I simply said “thank you”. It was after the end of the session that a counsel in chambers drew my attention to the fact that the same counsel who was commending me for being a great advocate, was the lawyer- husband of the lady lawyer who was instigated to institute an action against me at the FCT High Court, Abuja. The following day and subsequent appearances at the Court of Appeal, that young lawyer was one of those I led. The point being made is that it is not only treacherous but sacrilegious for counsel and junior counsel at that, to unjustly attack or be used to attack or pull down their senior colleagues. It is an unwritten law in our office that no counsel should attack any other colleague, whether junior or senior. It is also part of our custom and discipline that no counsel in chambers should comment on proceedings in court or judgment of any court, which he is not particularly abreast of. I have also come to the realization that success in life, including in the legal profession, attracts friends as well as foes, enemies and traducers, for different causes and reasons. Hence, success might transform the successful one to an endangered specie.
To be continued
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