A Federal High Court sitting in Abuja has set aside its earlier order referring a Senior Advocate of Nigeria (SAN), Mr Adeola Adedipe, to Legal Practitioners Disciplinary Committee (LPDC) for investigation and possible sanction.
Justice Emeka Nwite, in a ruling on Adedipe’s motion on notice on Wednesday, held that the application was meritorious and accordingly granted.
It will be recalled that Justice Nwite, in a money laundering charge filed against former Governor of Kogi State, Alhaji Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC), had, on July 17, 2024, ordered that Adedipe, including Mr Abdulwahab Mohammed, SAN, be referred to the LPDC for investigation and if found guilty be sanctioned over their conduct in the handling of the case.
However, Adedipe, in a motion on notice, prayed the court to set aside the order against him.
In the application, the senior counsel sought for two orders.
The lawyer sought an order granting him the leave to file and be heard and/or setting aside the decision of the court in the charge against the ex-governor which was delivered on July 17, 2024 which referred him to LPDC for investigation and sanction if found guilty in his discharge of his duty to the court.
He gave some grounds why the court should grant his prayers.
Delivering the ruling on Wednesday, Justice Nwite agreed with Adedipe that during the sitting on June 27, 2024 which preceded the order, the lawyer had applied to withdraw his appearance for the former governor.
The judge equally observed that in supporting Adedipe’s withdrawal, counsel to the EFCC, Mr Kemi Pinheiro, SAN, attested that he (Adedipe) had shown integrity, decency and conducted himself well by filing a notice of withdrawal and discharging himself from the action of the defendant on June 28, 2024.
Besides, Justice Nwite also observed that Pinheiro, who did not oppose Adedipe’s motion, equally filed an application for court to discharge the lawyer from the order.
“It is not in dispute that the applicant (Adedipe) had
on June 27, 2024 orally applied to withdrawal his appearance and formally applied on June 28, 2024.
“That it is not in dispute that the applicant was referred to the Legal Practitioners Disciplinary Committee for investigation and sanction if possible.
“That prior to the ruling, the apllicant had filed the notice of withdrawal on June 28 and it was not opposed by prosecution counsel
“That the prosecution team led by learned silk, Kemi Pinherio, said Adedipe has shown integrity, decency and conducted himself well by filing a withdrawal from the case,” the judge said.
He said the court has a discretionary power to grant the prayers “more so since the applicant has shown good conduct with Exhibit A.”
According to the judge, I am of the view that these are material and exceptional reasons.
Justice Nwite consequently made an order varying the 17 July order which referred Adedipe to LPDC for investigation and possible sanctions by excluding his name.
