Afe Babalola VS Dele Farotimi: What it Means To Be Delisted From Legal Practise

The legal profession in Nigeria is one of the most prestigious and highly regulated careers, governed by a strict code of ethics. As custodians of justice, lawyers are expected to maintain the highest standards of conduct, both professionally and personally. However, when a lawyer is accused of breaching these standards, the Legal Practitioners Disciplinary Committee (LPDC) has the authority to investigate and, in extreme cases, strike the individual’s name off the roll of lawyers.

Recently, a petition filed by legal luminary Afe Babalola against Dele Farotimi has drawn significant public interest. The petition seeks Farotimi’s removal from the list of legal practitioners in Nigeria, citing alleged professional misconduct.

What Does It Mean to Be Delisted?

To be delisted from legal practice means having one’s name struck off the roll of legal practitioners maintained by the Supreme Court of Nigeria. In essence, the individual is no longer recognized as a qualified lawyer and is barred from engaging in any form of legal practice in Nigeria. The implications are far-reaching, as it involves both professional and personal repercussions.

Immediate Consequences of Being Delisted

If the LPDC upholds the petition and Farotimi is delisted, the following immediate consequences are likely:

Loss of the Right to Practice Law
Farotimi would no longer be able to represent clients in court, draft legal documents, or offer legal advice. His legal practice license, which is a symbol of his professional identity, would be revoked.

Damage to Reputation
The legal profession is built on trust and integrity. Being delisted is often seen as a mark of professional failure or misconduct, which can irreparably damage one’s reputation. For someone like Farotimi, who is also a public commentator, this could cast a shadow over his public engagements.

Exclusion from Legal Associations
Farotimi would likely lose membership in professional legal bodies, such as the Nigerian Bar Association (NBA), further isolating him from the legal community.

Long-Term Effects of Delisting

Bar on Reinstatement
Although delisted lawyers may petition for reinstatement, the process is arduous and requires incontrovertible proof of rehabilitation and adherence to legal ethics over a long period. For many, the stigma remains even if reinstatement is granted.

Restricted Career Opportunities
Delisting may limit Farotimi’s career prospects beyond the legal field. Many roles in academia, consultancy, and public service require a spotless professional record, which could hinder his ability to transition to other sectors.

Public Perception
Being delisted is a high-profile disciplinary action that often attracts media scrutiny. The court of public opinion can be harsh, affecting personal relationships and public engagements.

Historical Cases and Lessons

The Nigerian legal profession has seen a few high-profile delistings in the past, often serving as cautionary tales. These cases highlight the importance of adhering to professional ethics and the severe consequences of failing to do so. However, critics argue that the LPDC’s process is sometimes opaque and influenced by external pressures, raising questions about fairness and impartiality.

Here is a list of delisted cases in Nigeria

Kunle Kalejaiye, SAN
Year: 2015
Reason for Delisting: Kunle Kalejaiye, a Senior Advocate of Nigeria (SAN), was delisted by the Legal Practitioners Disciplinary Committee (LPDC) after being found guilty of engaging in professional misconduct. He was accused of unethical communication with Justice Thomas Naron during the 2008 Osun State Governorship Election Tribunal, where his client was a party.

Biyi Delano
Year: 2019
Reason for Delisting: Biyi Delano, a prominent legal practitioner, was delisted for gross professional misconduct, including allegations of misappropriating funds entrusted to him by a client. The LPDC ruled that his actions were a breach of trust and professional ethics.

Kunle Ogunba, SAN
Year: 2018
Reason for Delisting: Kunle Ogunba, another Senior Advocate of Nigeria, was delisted by the LPDC over allegations of abuse of court process in cases relating to insolvency proceedings. The allegations included filing frivolous lawsuits to harass debtors on behalf of creditors. Although the decision was later overturned by the Supreme Court, the case highlighted the LPDC’s willingness to hold even the most senior members of the bar accountable.

Joe Agi, SAN
Year: 2021
Reason for Delisting: Joe Agi, SAN, faced delisting after being implicated in an alleged bribery scandal involving a judge. The LPDC found him guilty of professional misconduct, ruling that his actions violated the ethical standards expected of a legal practitioner.

Godwin Chijioke Obasi
Year: 2019
Reason for Delisting: Godwin Chijioke Obasi was delisted for mishandling client funds and failing to deliver professional services after receiving payment. He was found guilty of neglecting his duty to his client and failing to uphold the standards of the profession.

I. J. Udofia
Year: 2007
Reason for Delisting: Udofia was delisted after being found guilty of forgery and presenting falsified court documents. This conduct was deemed grossly unethical and incompatible with the standards of the legal profession.

What Could Farotimi Do if Delisted?

If delisted, Farotimi could:

Explore Non-Legal Careers
With his background as a writer, activist, and public speaker, he might pivot toward advocacy, journalism, or political commentary.

Challenge the Decision
Delisted lawyers have the right to appeal the LPDC’s decisions, often taking their cases to higher courts, including the Supreme Court, to seek redress.

Reinvent His Public Persona
Farotimi could focus on leveraging his public influence to continue contributing to society in other ways, distancing himself from the legal controversy.

The petition by Afe Babalola against Dele Farotimi is not just a legal matter; it is a test of the legal profession’s commitment to upholding ethical standards without bias. While the outcome remains uncertain, the implications of being delisted are severe and multifaceted, affecting one’s professional standing, financial stability, and public image.

For Farotimi, the stakes are high. Whether he emerges from this battle unscathed or as a cautionary tale, this case will undoubtedly shape conversations about ethics, accountability, and fairness within Nigeria’s legal profession.