Court Dismisses Suit Against Olanipekun And NBA Over Body Of Benchers Dispute

Justice Anthony Ebong dismissed the case, noting that the issue had become moot as Olanipekun had already completed his term. Additionally, the plaintiff and her counsel had abandoned the case.

Olanipekun was represented by former Attorney-General of the Federation, Chief Kanu Godwin Agabi SAN. The court struck out the suit after Agabi’s application, citing the plaintiff’s and her counsel’s absence.

The judge agreed with Agabi’s argument that the plaintiff’s absence indicated the matter was now purely academic.

Chidinma Udebuani had filed the case on August 2, 2022, at the FCT High Court registry. She sought to compel Olanipekun to vacate the office of Chairman of the Body of Benchers and to declare null and void the Call to Bar ceremony he presided over on July 27, 2022.

Other defendants in the case included the Body of Benchers (BoB), Ms. Adekunbi Ogunde, the Nigerian Bar Association (NBA), the Legal Practitioners Disciplinary Committee (LPDC), the Inspector General of Police (IGP), the Attorney General of the Federation and Minister of Justice (AGF), and Mr. Olumide Akpata.

In her affidavit, Chidinma cited an email written by Ms. Adekunbi Ogunde to SAIPEM Construction Nigeria Limited, in which Ogunde suggested that Olanipekun could influence judges on behalf of clients due to his position.

The NBA had requested the LPDC to investigate the partners of Olanipekun’s law firm for potential professional misconduct and urged Olanipekun to step aside pending the investigation.

In her originating summons, Chidinma asked the Court to address several questions, including whether the email constituted a confessional statement under Section 27 of the Evidence Act 2011 and whether it warranted Olanipekun’s removal as Chairman.

Chidinma also sought declarations and orders, such as nullifying all resolutions made at the Body of Benchers meeting on July 26, 2022, nullifying the Call to Bar ceremony presided over by Olanipekun, and ordering a thorough investigation into the alleged misconduct.

However, due to the persistent absence of the plaintiff and her lawyer, Justice Ebong declared the suit abandoned and dismissed it.