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Alleged Defamation: Afe Babalola Moves To Stop Farotimi From Practicing Law In Nigeria

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Legal luminary, Aare Afe Babalola, SAN, has taken a step further in the expression of his anger against Lagos-based legal practitioner, Dele Farotimi over the alleged defamation of his character.

The elder statesman, through his law firm, has written a petition to the Legal Practitioners Disciplinary Committee, LPDC, asking that Farotimi’s name be removed from the roll of legal practitioners in Nigeria.

According to the petitioner, as Channels Television reported, Farotimi had allegedly violated certain provisions of the rules of professional conduct for lawyers.

A partner in Babalola’s law firm, Ola Faro, who was also mentioned in Farotimi’s book, “Nigeria and its criminal justice system,” signed the 90-page petition dated December 6, 2024.

The petition is titled “Petition against Tomilola Titus Farotimi also known as Dele Farotimi Esq, a Nigerian lawyer called to the Nigerian Bar with his name on the roll of legal practitioners kept by the Supreme Court for violation of extant rules of professional conduct for legal practitioners rules 1, 15(1), 15(2B), 15(3A), 15(3G), 15(3I), 15(3J),26(1), 27(1), 30, 31(1), (2) and (4) of the rules of professional conduct 2023 by bringing the entire judiciary in Nigeria into dispute with his unfounded allegations of corruption against eminent justices of the Supreme Court of Nigeria, judges of High Court of Lagos State, Aare Afe babalola, SAN, Olu Daramola SAN, Ola Faro Esq., and the entire chambers of Aare Afe babalola & Co in his book titled ‘Nigeria and its Criminal Justice System.’

Faro said that the petition was written both in his personal capacity “and for and on behalf of the law firm of Afe Babalola & Co.”

He gave a background of the facts of the case and detailed the alleged contraventions of the rules of professional conduct by the respondent, Farotimi.

The petitioner highlighted that Farotimi “engaged in conduct which is unbecoming of a legal practitioner by making false accusations against the Supreme Court and the legal profession.”

The petitioners also stated that Farotimi “Participated in conduct that he believes to be unlawful by bribing judicial officers and having unlawful access to a judicial officer.

“Joined his clients in committing misconduct and breach of law with reference to judicial officers by having unlawful access to a judicial officer.

“Gave service to his client which he knows is capable of causing a breach of law and disrespect and corrupting a judicial officer.

“Knowingly made false statements of law and facts in respect to a case already decided by the Supreme Court.

“Assisted his clients in a conduct that he knows to be illegal and fraudulent.

“Knowingly engaged in illegal conduct in the cause of his practice as a legal practitioner.

“Treated his fellow lawyers without respect, fairness, consideration and dignity, allowing ill feeling between opposing clients to influence his conduct and demeanour by distorting the facts of a case in the cause of his practice as a legal practitioner.

“Failed to observe good faith and fairness in dealing with other lawyers in respect to a case already decided by the Supreme Court.

“Conducted himself in a manner that obstructed, delayed and adversely affected the administration of justice by taking steps to frustrate a decision of the Supreme Court for his personal benefit and benefit of his client who lost at the Supreme Court.

“Treated the court, particularly the Supreme Court without respect, dignity and honour by using uncouth, unprofessional, undignified and offensive language against the Supreme Court and the justices of the Supreme Court.

“Made defamatory statements against judicial officers rather than making a complaint to appropriate authorities.

“Indicated that he discussed a pending case with a judge trying the case in the absence of an opposing lawyer.”

The petitioners stated that “The contravention of these rules by the Respondent (Farotimi) prompted this petition to protect the dignity of the legal profession, the dignity of the court as the temple of justice and to uphold the standards of the legal profession.”

They also noted that some of the statements made in Farotimi’s book are likely to set the legal profession and society ablaze and that those statements were made to discredit the entire Nigerian judiciary, Justices of the Supreme Court, judges of the High Court of Lagos State, their law firm and to ridicule them within the legal profession and injure their hard-earned reputation and financial credit.

The Legal Practitioners Disciplinary Committee, LPDC, is the regulatory body that investigates and addresses misconduct among Nigerian lawyers.

The LPDC ensures that legal practitioners adhere to ethical standards and professional conduct.

JomogNews reported that Farotimi was recently sent back to jail after the ruling on his bail application was adjourned till December 20, 2024.

The FCT High Court had also barred human rights lawyer from further publishing, selling, circulating, advertising or distributing the hard or soft copies of the controversial book.

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I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court

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A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.

The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.

Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.

According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.

He said he subsequently took the money to the office of the then Director-General.

“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.

The witness explained that he collected the bag from his aide before entering the office.

“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”

The witness was initially a defendant in the case but later opted to testify for the prosecution.

While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.

According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.

He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.

“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.

During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.

When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”

After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.

The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.

Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.

They pleaded not guilty to the offences.

The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.

According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.

Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.

The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.

One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.

 

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CBN Bars Chronic Loan Defaulters from Accessing New Banking Services

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The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).

This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.

This order is specifically targeted at large-ticket obligors.

The CBN issued the directive in a circular to banks on Monday.

The latest instruction comes almost a week after the CBN asked financial institutions to stress test.

It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.

“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.

“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.

“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”

 

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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju

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Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.

Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.

He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.

“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.

“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?

“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.

“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.

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