LAGOS – Afe Babalola and Chief Wole Olanipekun the two Senior Advocates of Nigeria (SAN), slammed with a N60million fine by the Supreme Court, for arguing the case of David Lyon, Bayelsa State All Progressives Congress (APC), governorship candidate in the November 16, 2019, have cried out to the Nigerian Bar Association (NBA), to save them from what they believe is humiliation by the Apex court.
In a formal protest to the umbrella body of lawyers, both lawyers, reputed to be amongst Nigeria’s finest and most prominent decried the heavy cost imposed on them and the harsh words directed at them by the Supreme Court for doing their job as lawyers.
They had received tongue-lashing by the Apex court after they appeared for Lyon and Biobarakuma Degi-Eremienyo, who returned to the Apex court with prayers for the review of its earlier judgement, which stopped them less than 24 hours from swearing in, after winning the said election, on the ground of forgery.
Justice Amina Augie, reading the judgement of the seven-man panel, said she felt like shedding tears that such senior lawyers could take up such a case, which it saw as a slap on the apex court, ordered them to pay N10million each to lawyers of the Peoples Democratic Party (PDP), Douye Diri, the PDP candidate and the Independent National Electoral commission, totaling N30million each, as punitive cost.
However the two lawyers, denying any wrongdoing reached out in two separate letters to the National Executive Council (NEC) of NBA, insisting that they neither acted unlawfully nor unprofessionally..
Olanipekun wrote: “I and the team of lawyers that I lead in the matter did no wrong, either in terms of our presentation through the filling of the application or during the oral adumbration in court.
“I repeat again, with every emphasis at my disposal and all sense of responsibility that I/we did no wrong, committed no error and did/do not deserve the harsh comments (to put it mildly) in the leading ruling of the Honourable Justice Amina Augie.
“It might interest you to note that there is no nexus or proximity or even bearing between the processes filed by us and the most unfair and least expected stern expressions of her lordship, Amina Augie.”
Babalola, wrote: ”I write to bring to the formal attention of the National Executive the Nigerian Bar Association, the unfortunate events which occurred that day, but more importantly, to protest and draw the attention of NBA to the danger posed to the due administration of justice by the disparaging remarks made in the ruling of the court concerning our principal, Afe Babalola SAN, CON and the imposition on him of the unprecedented costs of N30million.
“The action of the Court, aside from being unfair and totally unwarranted, is, if not urgently addressed, capable of sending a wrong signal to judges of courts, lower in hierarchy to the Supreme Court about how they can and should relate with lawyers, who appear before them to plead the case of their clients.
“This in the long run will be inimical to the development of trust and respect between the bar and the bench and will ultimately hamper the smooth operation of the justice delivery sector in Nigeria.
“It is with respect to their Lordships of the Supreme Court, who sat on the 26th of February 2020 that we state that the award of cost of N30million against Aare Afe Babalola SAN, CON failed to meet th standard set by that very court concerning the award of costs.
“Costs have never been imposed to intimidate counsel as is apparent in th cost orders made by the Supreme Court in this instance.
“The cost order lose sight of the fact that Aare Afe Babaloia SAN, CON, like every other lawyer, has a duty under the rules of professional conduct to devote his attention, energy and expertise and subject to any rule of law, to act in manner consistent with the best interest of his client.
“It is in the light of the above that we most respectfully request the ‘Nigerian Bar Association, though the National Executive Council, to look into this matter with a view to preventing a situation where the courts would seek to intimidate counsel and prevent them from either adequately presenting the cases of their clients or punishing them for doing so in a manner required of them under the rules of professional conduct.
“This situation, at the risk of repetition, if allowed to persist and gain footing, will do incalculable damage to the administration of justice in Nigeria.”
