2. Nigerian Bar Association Respondents
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Facts
A certain Mrs. Olatimbo Ayinde, the Managing Director/Chief Executive Officer of Tubbs Marine and Energy (“Petitioner”) wrote a petition against the Appellant to the Nigerian Bar Association (NBA), alleging professional misconduct. She alleged that she engaged the legal services of the Appellant to undertake the perfection of the Company’s Deed of Assignment over a certain property and after the Appellant received the sum of N7,500,000.00 she paid him for the purposes of carrying out the instruction, the Appellant abandoned the instruction and failed to account for the money or refund it.
The 2nd Respondent forwarded the petition to the Appellant for his reaction, and the Appellant responded to the petition. Thereafter, the 2nd Respondent concluded that a prima facie case had been made against the Appellant, and referred him to the 1st Respondent for trial. The Appellant was charged before the 1st Respondent on a three-count c
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This article by Mayowa Owolabi, seeks to review the state of our Laws (statutory and case law) and the applicable rules of professional conduct as it relates to acceptance of briefs, and the obligation to ascertain that funds charged and received as professional fees by Lawyers in Nigeria, are not derived from unlawful activities, in comparison to global trends and what conforms with international best practice
Background
In a recent Judgement which was delivered by the Court of Appeal on the 14th of May, 2021in a case constituted as App No: CA/L/174/19-FEDERAL REPUBLIC OF NIGERIA v CHIEF MIKE OZEKHOME (SAN); the Court upheld the Ruling of the Federal High Court which held that an earlier exparte order of the Federal High Court which froze the account of the Respondent to the appeal was improperly procured, and was therefore, rightfully discharged.