Again, NBA Clears Kunle Ogunba of Alleged Professional Misconduct

The leadership of the Nigerian Bar Association (NBA) under Mr.
A. B, Mahmoud (SAN), has again cleared insolvency lawyer, Mr. Kunle
Ogunba, of alleged professional misconduct levelled against him by
Honeywell Group Limited.

In the clearance letter dated February 20, 2018, which was
signed by the General Secretary of the NBA, Mr. Isiaka Abiola
Olagunju, the association said it had dismissed the petition by
Honeywell for lack of prima facie case of professional misconduct
against Ogunba.

The letter, which was addressed to Honeywell Group, further
noted that the NBA Disciplinary Committee Abuja Panel B reached the
decision to dismiss the petition after concluding hearing on the
matter.

The letter read: “Your letter of complaint dated April 7, 2016
against the aforementioned legal practitioner in respect of the
above subject matter refers.”

“We write to inform you that the NBA Disciplinary Committee
Abuja Panel B has concluded hearing of your petition. It is the
decision of the panel that your petition does not disclose a prima
facie case of professional misconduct against the respondent. In
the light of the decision of the panel, your petition against the
respondent is hereby dismissed,” the letter added.

The NBA under Mr. Austine Alegeh (SAN) had earlier cleared the
lawyer before the Legal Practitioners Privileges Committee (LPPC)
stripped him of his Senior Advocate of Nigeria rank in January
2018.

The LPPC had in a statement signed by its Secretary and
Registrar of the Supreme Court, Hadizatu Mustapha, said the
withdrawal of Ogunba’s rank and privileges was based on a petition
by Honeywell Group.

“The misconduct alleged consists of the institution of
multiplicity of proceedings before different judges of the Federal
High Court on the same subject with the deliberate aim of abusing
the process of court and derailing the course of justice. After a
thorough investigation of the petition by the sub-committee set up
by the LPPC (at which the respondent was given a fair hearing), it
was decided that the petition is meritorious. Consequently, the
LPPC at its 129th plenary meeting have withdrawn the rank of Senior
Advocate of Nigeria from Kunle Ogunba and other privileges attached
to the rank forthwith,” LPPC explained.

The NBA had in a letter dated August 5, 2016 and signed by its
then General Secretary Mazi Afam Osigwe, said it would not refer
Ogunba to its Disciplinary Committee over Honeywell’s petition.

“We regret to inform you that a careful reading of the petition
failed to disclose any alleged infraction of the Rules of
Professional Conduct 2007 in respect of which Ogunba could be
called upon to offer an explanation. It is a principle of law that
companies are separate legal entities capable of suing and being
sued.

Placing this principle side by side your allegation of abuse of
court process, we are satisfied the cases referred to as well as
the court processes attached by your good-selves failed to show the
existence of a case involving same parties in respect of same facts
and seeking same reliefs,” Osigwe had said.

The leadership of the Nigerian Bar Association (NBA) under Mr.
A. B, Mahmoud (SAN), has again cleared insolvency lawyer, Mr. Kunle
Ogunba, of alleged professional misconduct levelled against him by
Honeywell Group Limited.

In the clearance letter dated February 20, 2018, which was
signed by the General Secretary of the NBA, Mr. Isiaka Abiola
Olagunju, the association said it had dismissed the petition by
Honeywell for lack of prima facie case of professional misconduct
against Ogunba.

The letter, which was addressed to Honeywell Group, further
noted that the NBA Disciplinary Committee Abuja Panel B reached the
decision to dismiss the petition after concluding hearing on the
matter.

The letter read: “Your letter of complaint dated April 7, 2016
against the aforementioned legal practitioner in respect of the
above subject matter refers.”

“We write to inform you that the NBA Disciplinary Committee
Abuja Panel B has concluded hearing of your petition. It is the
decision of the panel that your petition does not disclose a prima
facie case of professional misconduct against the respondent. In
the light of the decision of the panel, your petition against the
respondent is hereby dismissed,” the letter added.

The NBA under Mr. Austine Alegeh (SAN) had earlier cleared the
lawyer before the Legal Practitioners Privileges Committee (LPPC)
stripped him of his Senior Advocate of Nigeria rank in January
2018.

The LPPC had in a statement signed by its Secretary and
Registrar of the Supreme Court, Hadizatu Mustapha, said the
withdrawal of Ogunba’s rank and privileges was based on a petition
by Honeywell Group.

“The misconduct alleged consists of the institution of
multiplicity of proceedings before different judges of the Federal
High Court on the same subject with the deliberate aim of abusing
the process of court and derailing the course of justice. After a
thorough investigation of the petition by the sub-committee set up
by the LPPC (at which the respondent was given a fair hearing), it
was decided that the petition is meritorious. Consequently, the
LPPC at its 129th plenary meeting have withdrawn the rank of Senior
Advocate of Nigeria from Kunle Ogunba and other privileges attached
to the rank forthwith,” LPPC explained.

The NBA had in a letter dated August 5, 2016 and signed by its
then General Secretary Mazi Afam Osigwe, said it would not refer
Ogunba to its Disciplinary Committee over Honeywell’s petition.

“We regret to inform you that a careful reading of the petition
failed to disclose any alleged infraction of the Rules of
Professional Conduct 2007 in respect of which Ogunba could be
called upon to offer an explanation. It is a principle of law that
companies are separate legal entities capable of suing and being
sued.

Placing this principle side by side your allegation of abuse of
court process, we are satisfied the cases referred to as well as
the court processes attached by your good-selves failed to show the
existence of a case involving same parties in respect of same facts
and seeking same reliefs,” Osigwe had said.