Embattled senior advocate, Ajibola Aribisala, has petitioned the Lagos High Court to overturn the decision by the Legal Practitioners Privileges Committee (LPPC), which stripped him of the enviable title of Senior Advocate of Nigeria (SAN), saying the LPPC acted in error, beyond its juridical competence.
In his statement of claim in which he also listed Fidelity Bank Plc. as co-defendant, Aribisala urged the court to declare as a null and void the suspension of his use of the title with all the privileges pertaining thereto. The lawyer is also asking the court for an interlocutory “injunction restraining the LPPC from giving any effect to, implementing or continuing to implement, or carrying out any act or making any form of publicity relating to the alleged suspension” of the use of SAN title by him pending the determination of his suit.
He recalled that the LPPC took the decision on February 26, 2013 in favour of the second defendant, despite a pending application seeking a restraining order of interlocutory injunction against the second defendant in that regard, dated 19 October 2012.
Aribisala is further seeking the court for an order of mandatory injunction directing the defendants to maintain the status quo ante as at October 22, 2012 when the defendants were served with the originating processes that sought a restraining order against the second defendant pending the determination of the substantive suit.
Aribisala, in a statement through his counsel, Tayo Oyetibo (SAN), averred that he did not overcharge the bank as claimed by the financial institution in a petition it sent to the LPPC. According to him, his legal fees for services rendered to Fidelity Bank Plc. were in line with the provisions of the LPPC Remuneration for Legal Practitioner Documentation and other Land Matters Order.
Maintaining that he had a contractual relationship with Fidelity Bank on the basis of which he acted ex cathedra, Aribisala explained that having tried to no avail to get the bank to honor its financial obligations as per the terms of their agreement, he was left with no option than to deduct the said amount from the monies he helped the bank recover; arguing that the law allows him to take such decision.
He expressed disappointment that the LPPC misinterpreted his action as a professional misconduct and proceeded with a rush to judgment to sanction him without availing themselves of the facts of the substantive issue in contention. He underscored the fact that the LPPC was a creation of the law, vested with certain powers; but these powers restrained it from acting ultra vires on matters that ought to be submitted to the court for adjudication and which have indeed been so submitted.
“Once a matter is subjudice, nobody is allowed to comment, investigate or do anything about it except the court before which the matter is pending,” he stressed. The matter which came up for hearing before Justice Adefowope Okogie, has been adjourned to April 23 for the court to determine whether too hear Aribisala’s case or the objection of the bank.
