A High Court in the Federal Capital Territory (FCT) has dismissed a lawsuit filed by Abuja-based lawyer Chidinma Udebuani, which sought to remove Chief Wole Olanipekun SAN from his position as the former Chairman of the Body of Benchers.
Justice Anthony Ebong ruled that the case was moot as Olanipekun had already completed his term. He also noted that both the plaintiff and her counsel had abandoned the case.
Former Attorney-General of the Federation, Chief Kanu Godwin Agabi SAN, represented Olanipekun. Justice Ebong struck out the suit following Agabi’s application, citing the absence of the plaintiff and her counsel. The court agreed with Agabi that the plaintiff’s absence underscored that the matter had become academic.
Chidinma Udebuani filed the case on August 2, 2022, at the FCT High Court registry, requesting that Olanipekun vacate his position and seeking to nullify the Call to Bar ceremony held on July 27, 2022, which he presided over.
Other defendants in the suit included the Body of Benchers (BoB), Ms. Adekunbi Ogunde, the Nigerian Bar Association (NBA), the Legal Practitioners Disciplinary Committee (LPDC), the Inspector General of Police (IGP), the Attorney General of the Federation and Minister of Justice (AGF), and Mr. Olumide Akpata.
In her affidavit, Chidinma cited an email from Ms. Adekunbi Ogunde to SAIPEM Construction Nigeria Limited, claiming that Olanipekun had used his influence to sway judges. In response to backlash, the NBA requested the LPDC to investigate potential professional misconduct by the BoB Chairman and his partners, urging Olanipekun to step aside during the inquiry.
In her originating summons, Chidinma raised several questions for the court, including whether Ogunde’s email constituted a confessional statement under Section 27 of the Evidence Act 2011, and whether it warranted Olanipekun’s removal. She questioned the validity of the call-to-bar ceremony presided over by Olanipekun and whether the email’s claims required a review of cases won by his law firm.
Chidinma also asked the court for declarations and orders, such as nullifying the Body of Benchers meeting resolutions of July 26, 2022, and the call-to-bar ceremony, directing Olanipekun to vacate his chairmanship, and mandating an investigation into alleged judicial influence by his law firm.
Due to the consistent non-appearance of the plaintiff and her lawyer, Justice Ebong considered the suit abandoned and dismissed it.