J. S. Okutepa SAN
A Senior Advocate of Nigeria, J.S. Okutepa Esq., has replied Mr.
Olakunle Edun over his article titled, ASSAULT ON THE LEGAL
PROFESSION MUST STOP.
The learned silk in his reply has said that Mr. Olakunle Edun’s
position over the perceived attack on the noble profession is laden
with sentiments and emotions. According to him, the indictment by
the EFCC on the NBA President is not an attack on the noble
profession.
See Full Statement:
See Full Statement:
I read the news being circulated on social media by Mr Olakunle
Edun to the effect that the planned arraignment of Mr Paul Usoro
SAN will be an assault on the unity and nobility of the Nigerian
lawyers. He wrote thus:
“ASSAULT ON THE LEGAL PROFESSION MUST
STOP
Good morning colleagues.
Is the EFCC’s persecution of the NBA President not an
attempt to test the unity and brotherhood of the bar? Of course
there is a bigger issue here: policing the fees lawyers charge
clients. Therefore, the persecution is not primarily targeted at
the person of Paul Usoro,SAN. It goes beyond the President. It is
an attack on the sanctity of the age-long immutable and judicially
established doctrine of lawyer-client privilege.
The NBA President represents an institution and it is that
institution that is being targeted. It happened to the Judiciary
and we thought we were spared. They tried it with Mike Ozekhome,SAN
and E.B. Ukiri (former NBA 1st Vice President).
No government agency has the power to regulate fees charged
by members of any profession. Lawyers have the right to take up
briefs pro bono or also charge any amount. It is equally the right
of the client to reject or accept the terms of engagement. Third
parties have no locus standi in contractual matters. They are
meddlesome Interlopers.
Should we allow EFCC to continue this persecution? Today, it
is the NBA President; tomorrow it may be used as a precedent to
launch criminal investigations into fees charged by members of the
Nigerian Medical Profession, ICAN, NSE and other professional
bodies.
Do we stand aloof or sit on the fence and allow such brazen
intrusion on our privileges? Do professionals now allow external
regulation of professional fees or we should investigate the
sources of fees paid to us by their clients for services rendered,
before accepting the fees? Do we continue to say, as lawyers, we
are not individually affected?”
With the greatest respect to Mr Olakunle Edu, his write up
is ladden with sentiments and whipping of emotions and it failed to
address core issues of law and ethics of the legal profession.
First there is no attack on the noble profession. We must stop
whipping up sentiment. The legal profession is a noble profession.
It does not encourage conduct that aids and abets wrongs. The
charge I read does not attempt to regulate the fees charge. The
charge does not try to intrude into client lawyers
relationships.
The charge seems to question the propriety of a lawyer being
paid from government coffers for a brief done for private citizen.
Whether that is right or not can only be decided by the court to
which the matter has been turned over to. The charge wants to know
whether what was done was right or wrong. I believe what is wrong
is wrong and no amount of baptismal colouration can give a wrong
the the true meaning of right. We must be ready to learn and get
precedents. The only institution that can set binding precedents is
the judiciary.
I get worried when as lawyers we play to public gallery and
then ignore really issues. I am not going to allow myself or any
other right thinking members of the Bar to be dragged into purely
what is Mr Paul Usoro SAN personal issue with security agents. The
issues of fees he allegedly collected for the alleged briefs he did
for his clients are or were not done in the cause of his duty when
he started occupying the seat of the president of NBA. This issue
was there before he put himself forward for NBA election. Even the
election that led to his being declared NBA president is still
subject of both ethical and criminal controversies. As lawyers we
must avoid sentiment. Sentiment command no place in legal
proceedings. I have said before and I say here again that as
lawyers we must live above board. As lawyers we have no immunity in
our clients lawyers relationships if and when crime is alleged to
have been involved in the cause of that relationship. As lawyers we
must respect judicial process.
The issues involving Mr Usoro SAN has been turned over to
the judicial arm of government. We should and must have confidence
in the judicial process. Taking to social media to campaign as it
were that Mr Paul Usoro SAN is being persecuted with respect amount
to interference with judicial process. The court before whom he has
been arraigned is the only competent authority that can make the
pronouncements.
Those who believe in his innocence can join the legal team
to present his case in court.I do not see his arraignment as
harrassment of the Bar or Nigerian lawyers. Nigerian lawyers have
to obey the law of the land. The only persons who by my limited
knowledge of law have immunity from criminal and civil prosecution
while in the office are the President, Vice President of Nigeria
and Governors and Deputy Governors of the states in Nigeria. As
lawyers we owe a duty of respect to and obedience to the rule of
law and due process. I say no more. God bless Nigerian lawyers and
the Federal Republic of Nigeria.
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