In a recent legal development, the High Court of the Federal Capital Territory (FCT) has dismissed a lawsuit brought by Abuja-based lawyer Chidinma Udebuani against former Chairman of the Body of Benchers, Chief Wole Olanipekun SAN. The suit, which sought to remove Olanipekun from office, was struck out by Justice Anthony Ebong on grounds that the matter had become moot, as Olanipekun had already completed his term. Additionally, the court noted that both the plaintiff and her legal representatives had failed to appear, effectively abandoning the case.
Representing Olanipekun in this matter was former Attorney-General of the Federation, Chief Kanu Godwin Agabi SAN, who successfully argued for the dismissal of the suit due to the plaintiff’s absence during proceedings. This absence, as highlighted by Agabi, underscored the irrelevance of pursuing the case further.
The origins of the dispute trace back to allegations surrounding an email attributed to Ms. Adekunbi Ogunde, which purportedly implicated Olanipekun in using his position to influence judicial outcomes on behalf of clients. These allegations prompted calls for Olanipekun to step aside pending investigation by the Legal Practitioners Disciplinary Committee (LPDC), an entity under the auspices of the Body of Benchers.
Chidinma Udebuani’s legal challenge, filed in August 2022, aimed to compel Olanipekun’s removal and invalidate certain official actions he undertook during his tenure. Among the specific demands were declarations of nullity regarding resolutions passed and ceremonies presided over by Olanipekun.
The plaintiff’s case raised several legal questions, including the admissibility and implications of the contentious email, and whether Olanipekun’s continued occupancy of the chairman position violated ethical standards.
Chidinma further asked the Court for several declarations and orders against the defendants, including:
Declaring null and void all resolutions reached at the Body of Benchers meeting held on July 26, 2022, where the 2nd defendant presided.
Declaring null and void the call to bar ceremony presided over by the second defendant.
Ordering the second defendant to vacate his seat as Chairman of the Body of Benchers.
Directing the Vice Chairman of the Body of Benchers to sign the certificates of call to bar for new lawyers, and declaring all actions by the 2nd defendant from July 20, 2022, void.
Mandating the 6th defendant to conduct a thorough investigation, with media coverage, into alleged subversion of justice and procurement of judgments by the law firm of the 2nd defendant.
Directing the 7th defendant to review all cases won by the law firm of the 2nd defendant in the last ten years, based on the claims in the email from the 3rd defendant.
Compelling the 4th defendant to confer an exemplary honorary award at its annual conference on Mr. Odein Ajumogbobia, SAN, for his service.
Commending the 30th president of the 4th defendant for his leadership.
Due to the persistent non-appearance of the plaintiff and her lawyer in court, Justice Ebong deemed the suit abandoned and subsequently struck it out.
Despite these allegations and demands, the court’s decision to strike out the case signals a conclusion to this particular legal chapter, emphasizing the importance of procedural adherence and the timely pursuit of legal remedies. The ruling underscores the principle that courts adjudicate based on current circumstances and the presence of active legal representation, ensuring fair and effective administration of justice in contentious matters such as this.
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