NASS Leadership: APC Won’t Compromise Competence For Zoning –Tinubu | Independent Newspapers Limited
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NASS Leadership: APC Won’t Compromise Competence For Zoning –Tinubu

Posted: May 22, 2015 at 5:02 am   /   by   /   comments (0)

…Assures Party Would Fix Economy

By Joe Nwankwo Abuja 

The Legal Practitioners Disciplinary Committee (LPDC) has directed that Kunle Kalejaiye, a Senior Advocate of Nigeria (SAN) and counsel to a former governor of Osun Statte, Olagunsoye Oyinlola be disbarred after he was found guilty of professional misconduct.

The council directed the Chief Registrar of the Supreme Court to delete his name from the Roll (list) of legal practitioners in the country.

In a directive (judgment) issued yesterday, a five-man panel led by the President of the Court of Appeal, Justice Zainab Bulkachuwa, found that the complainant, the Nigerian Bar Association (NBA), represented by Jibrin Okutepa, SAN proved its case  of professional misconduct against Kalejaiye.

The committee also directed that its decision should be served on the President of the Nigerian Bar Association (NBA), the Chief Judges of all the states of the federation, the Chief Judge of Federal High Court, Chief Judge of the High Court of the Federal Capital Territory (FCT), the Inspector General of Police (IGP) and all states’ Commissioners of Police.

It also directed that the decision be published in the media

The Presiding Justice of the Court of Appeal, Ekiti Division, Justice Paul Galinje, who read the directive, held that the prosecution proved its three-count complaint and that Kalejaiye violated the provisions of sections 1, 15, 30, 31, 34 and 55 of the Rules of Professional Conduct for Legal Practitioners (2007).

Kalejaiye’s lawyer, Niyi Owolade, a former Attorney General of Osun State has objected to the LPDC’s decision. He said his client was about filing his appeal at the Supreme Court.

Under the Legal Practitioners Act, Kalejaiye has up to 28 days to appeal the decision, failing which it will become effective.

Section 11(8) of the LPA states that:  “A direction of the disciplinary committee under subsection (1) or subsection (2) of this section shall take effect:

(a)  where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;

(b)  where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c)    where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed, and shall not take effect except in accordance with the foregoing provisions of this subsection.

The case against Kalejaiye was that he between March and June 2008, while acting for a party in the Osun State Governorship Election Tribunal, engaged “confidential, private and confidential telephone conversation with the tribunal’s Chairman, Justice Thomas Naron without the knowledge of the other party.

Kalejaiye represented the Peoples Democratic Party (PDP), and then governor of the Osun State, Olagunsoye Oyinlola, at the tribunal which heard the petition by the Action Congress of Nigeria (ACN) and its candidate at the 2007 governorship election.

Justice Naron has since been compulsorily retired having been found guilty of professional misconduct by the National Judicial Council (NJC).


The LPDC rejected Kalejaiye’s defence to the effect that his telephone number was cloned, on the ground that while he was able to show, by expert evidence, that spoofing, as a general phenomenon was possible, he failed to show that spoofing was possible on the MTN network (which owned the lines with which Kalejaiye and Naron communicated) rather than demonstrating such possibility with Etisalat and Glo networks.

The committee also faulted Kalejaiye’s documentary evidence, mostly newspaper publications (including advertorial sponsored by Kalejaiye), faulting the authenticity of the call log from MTN.

The committee said it would have been more helpful had Kalejaiye applied and got his call log from MTN to prove that the one tendered by the prosecution was not the actual one.