The Legal Practitioners Disciplinary Committee (LPDC) yesterday dismissed the petition calling for the disbarment of lawyer and activist, Mr Dele Farotimi for alleged criminal defamation and professional misconduct.
Farotimi was dragged before the committee based on a petition by a lawyer, Mr Ola Faro, alleging that the activist had in his book ‘Nigeria and Criminal Justice System’ defamed Nigerian judges, lawyers and courts.
In the petition filed before the LPDC, Faro, who is an associate in Afe Babalola’s law firm, stated that Farotimi, in his book, referenced the suit marked SC/146/2006, between Major Muritala Gbadamosi Eletu and HRH Oba Tijani Akinloye and others, claiming corruption, bribery, and other unethical practices involving judicial officers and the legal community.
The petitioner accused Farotimi of distorting case facts, disrespecting fellow lawyers, and engaging in actions that obstructed justice for personal gain.
Specific grievances included references to a Supreme Court judgment that affected multiple residential estates and subsequent legal proceedings undermining the apex court’s decision.
However, the LPDC ruled in its report marked B8B/LPDC/1571/2024 that the allegations offences against Farotimi arose from his capacity as an author, not during his practice as a legal professional.
The committee’s report noted that the allegations in the petition arose from Rotimi’s activities as an author but not in his capacity as a practising lawyer.
The committee said it has no jurisdiction to adjudicate on the petition.
“The publication is an intellectual property and not a conduct or action committed while practising as a legal practitioner. All aggrieved parties who find the publication ‘defamatory’ should ventilate their grievances through the regular courts,” the disciplinary committee said.
Faro’s petition came on the heels of alleged criminal defamation pressed against Farotimi by a senior lawyer and founder of the Afe Babalola University, Ado-Ekiti, Mr Afe Babalola.
In a petition to the police, Babalola complained that Farotimi defamed him in his (Farotimi’s) book ‘Nigeria and its Criminal Justice System.’
Based on Babalola’s complaints, the police arraigned Farotimi twice, first before the magistrates’ court in Ado-Ekiti and then before the Federal High Court in Ekiti.
The respondent pleaded not guilty to the charges on the two occasions and he was granted bail.
The petitioner accused Farotimi of distorting case facts, disrespecting fellow lawyers, and engaging in actions that obstructed justice for personal gains.
Specific grievances included references to a Supreme Court judgment that affected multiple residential estates and subsequent legal proceedings allegedly undermining the Supreme Court’s decision.
The petitioner alleged that Farotimi’s book 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.
But the LPDC chairman, Justice Isaq Bello, on Tuesday in Abuja, stated that the petitioner’s request could not be granted due to jurisdictional limitations.
The LPDC concluded that it lacked jurisdiction to address complaints about publications and advised aggrieved parties to seek redress in regular courts.
