By H.E. OKUSUWHA & CO.
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Introduction
In the wake of the nomination of Professor Joash Ojo Amupitan (SAN) as Chairman of the Independent National Electoral Commission (INEC), some critics has focused on the fact that, as a legal practitioner, he has represented individuals viewed by many as allies of President Bola Ahmed Tinubu. The suggestion is that such past or ongoing legal work undermines his suitability for an impartial public office such as the Chair of INEC.
It is pertinent that we reiterate the ethical and legal principles, consider relevant Nigerian case law, and explain why attacking lawyers simply on account of who they have represented is contrary to our profession’s profound calling as Ministers in the Temple of Justice.
Ethical and Statutory Foundations
- The Role of Lawyers in Justice: A Lawyer is not a mere advocate of clients’ causes; Lawyers are officers of the court, guardians of legal rights, and protectors of fairness. Our professional identity as lawyers demands that every person be entitled to legal representation, without fear of stigma attached to who their lawyer is or has represented in the past.
- Rules of Professional Conduct: The Rules of Professional Conduct (RPC) for Legal Practitioners in Nigeria comprise several provisions relevant to past or present representation. Specifically, Rule 17 of the RPC requires a lawyer to decline employment if the exercise of his/her independent professional judgment could be adversely affected, or if representing contradicting interests, unless it is clear that he/she can adequately represent each and there is full disclosure and consent. Other rules require competence, confidentiality, loyalty, and acting always within the bounds of law.
These rules safeguard both clients’ rights and the integrity of the legal profession. Nonetheless, they do not enunciate that prior legal representation of any person automatically revokes a legal practitioner’s eligibility for public office or presumes bias. What these rules state is: if a conflict arises (actual, imminent, or reasonably likely), then steps must be taken, such as disclosure, withdrawal or recusal where appropriate.
- Statutes: The Legal Practitioners Act, among other things, governs discipline and professional misconduct. Misconduct is not the same as prior representation. The Constitution of the Federal Republic of Nigeria, 1999 (as amended), Guarantees rights like fair hearing, equality before the law, and presumption of innocence. Also, public office holders are required to act impartially, but there is no constitutional provision that disqualifies someone for having acted as counsel for certain persons.
Furthermore, in the well-known case of Mary E. Onyeka & Anor v. Celestine Ogbonna & Ors. (2013), Court of Appeal In that case, a counsel who had earlier acted for party A in a matter was restrained from appearing for party B, adverse to that earlier client in the same or connected transaction. The Court emphasized that the court may restrain counsel in such situations, but only when the matter bears sufficient similarity or connection to earlier one, especially where confidential information may be involved. Likewise, demonstrates that disqualification or restraining occurs only when prior engagement is materially related, not simply because clients are politically charged or controversial.
Addressing the Criticism
Representation is not endorsement: Serving as legal counsel for a person, even a public figure or political operator, does not mean that the lawyer shares or supports all that client’s views or actions. It is part of a lawyer’s duty to ensure that legal rights are respected, often in challenging or unpopular cases.
Impartiality in future duties depends on current conduct and integrity. What truly matters is whether in the role of the INEC Chairman, Prof. Joash Ojo Amupitan (SAN) or any nominee whatsoever, would breach neutrality, violate law, or fail to administer duties fairly. To disqualify someone solely because of prior legal representation is to ignore the fact that the duty of lawyers is to all clients equally, and that without that duty no justice system works.
Professional rules protect both clients and legal practitioners. Conflict of interest rules (Rule 17, RPC) guard against real situations where prior engagement might impair judgment. If there is no such actual conflict, merely being viewed (rightly or wrongly) as having been counsel to certain persons is not sufficient basis for disqualification.
Public perception and transparency are important but must be distinguished from ethical violations. Holding public office, especially an office like INEC Chair, demands that perception of bias is addressed. Full disclosure of previous engagements, clarity about whether those engagements pose any actual conflict, and readiness to recuse where required, are appropriate steps. But again, these are steps towards preserving confidence, and not automatic disqualification.
Our Position as a Firm
It is our strong submission that such criticism is misplaced and neither professional ethics nor statute in Nigeria hold that past representation of particular clients disqualifies a lawyer from holding a public office or neutral service, unless there is a real and specific conflict. To judge otherwise risks undermining the foundations of fairness, justice and most importantly, the rule of law.
On the basis of the above, we vigorously believe that Prof. Joash Ojo Amupitan (SAN) is legally entitled to his nomination, and that past representation of clients (even if controversial) does not breach any professional ethics in itself. We assert that lawyers should neither be stigmatized nor attacked simply because of who they have represented. This would render it inconsistent with he duty under the RPC to maintain the right of representation to all, the commitment under the Legal Practitioners Act to discipline only actual misconduct, and the constitutional principles of fair hearing, equality, presumption of innocence, and the rule of law.
We therefore encourage those who raise concerns to specify what concrete facts might suggest bias, rather than relying on speculation or guilt by professional representation of client. If the nominee, Prof. Amupitan (SAN) has acted unlawfully, breached conflict rules, or cannot be neutral in the respective tasks of INEC, those are valid issues to investigate but criticism must adhere to standards of fairness.
Prof. Amupitan is a member of several Professional Bodies and Associations including the Nigerian Bar Association (NBA), Nigeria Institute of Management (NIM) and National Association of Law Teachers. Prof. Amupitan is a seasoned Legal Luminary equipped with over Thirty-Four (34) years of Academic and Professional experience in addition to other community services he is rendering. Prof. Amupitan’s research interests are diverse and wide ranging from providing the Legal Framework for the Privatization of Public Enterprises in Nigeria, Reform of Electoral Laws in Nigeria to the Reform of Privatization Law in Nigeria and Petroleum Industries Law Reform in Nigeria among others.
A Broader Reflection of Lawyers as Ministers in the Temple of Justice
In our view, the legal profession is elevated not merely by the words of statute or rule, but by the recognition that lawyers are stewards of justice. Legal practitioners are often the last line of defence for those whose voices are unpopular or disfavoured. Denying clients access to competent counsel because of political expediency or public outrage undermines justice.
The temple of justice demands that the profession resist pressures to politicize representation. When society begins to believe that serving as a lawyer for one kind of party disqualifies you from public duty, the risk is that fewer lawyers will accept controversial briefs, prejudicing the rights of the marginalized. Integrity, impartiality, and fidelity to law are what maintains legitimacy, and not simply the absence of controversial past clients, but the consistent present conduct.
Conclusion
To cap it all up, representation of clients, even those closely associated with powerful individuals or political authorities, is a legitimate and essential part of legal practice. Our professional ethics (RPC, Legal Practitioners Act, constitutional foundations) do not require disqualification of lawyers simply because of who they have represented in the past, so long as there is no real conflict of interest or breach of duty. We stand firmly by the principle that a lawyer’s loyalty is first to the law and to justice. If Prof. Joash Ojo Amupitan (SAN), in his capacity as the INEC chairman, discharges his duties with impartiality, transparency, and adherence to law, then his past engagements should not be used unfairly to tarnish his suitability for public service.
We therefore urge all participants in public debate, media, civil society, and the government to distinguish representation from bias, to assess conduct and not association, and to respect the essential ethical framework that truly underpins the legal profession.
H. E Okusuwha & Co is a law firm experienced in public and private law. We have competently represented clients in Political matters, criminal matters, contractual matters etc. The law firm is composed of very competent lawyers who are always ready to put in the best case for any of its client. We are situate at Suit 062, Trinity House, Plot 943, Cadastral Zone, B06, behind Fed Min of Works & housing Mabushi, Abuja.Contact no: 08160542783, 0812 227 8257
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