Letter Of Recusal To Olanipekun: “You Are Speaking From Two Sides Of Your Mouth” — Joshua Nwachukwu Replies Okoli SAN

A legal practitioner, Joshua Nwachukwu has reacted to a statement by a Senior Advocate of Nigeria, Chijioke Okoli where the latter responded to the controversial letter of recusal written by the NBA President to the Chairman, Body of Benchers in respect of the trial of a Partner in his law firm over alleged professional misconduct.

In his response made available to TheNigeriaLawyer, Nwachukwu accused Okoli of speaking from both sides of his mouth while feigning the role of a neutral commentator on the issue.

According to him, Okoli is one of Olanipekun’s mentees scattered all over the country who are expected to defend him notwithstanding the circumstance.

He further claimed, Okoli ignored the thrust of the matter, and sought an “Achilles heels” in the procedure, by claiming Akpata’s letter did not follow the expected procedure.

Nwachukwu wrote: “The learned silk, true to his calling, went for what looked like an “Achilles heel” he hinged his whole statement on the mode of communication to Olanipekun. According to him, “procedure is as important as the substantive…it is in the foregoing light that the manner of NBA’s communication with Chief Olanipekun leaves a sour taste in the mouth”. Okoli has graciously given us an insight into his taste buds; while he adjudges that the means of communication leaves a sour taste in the mouth, Okoli does not say what taste Adekunbi Ogunde’s action or LPDC with Olanipekun being the Chairman Body of Benchers left in his mouth, maybe it was a sweet taste.”

He further berated the Learned Silk for contending that Olanipekun deserved a more decorous engagement, a point he drove by listing his accomplishments in the legal profession. In Nwachukwu’s statement, he explained that what was expected of a man of Olanipekun’s stature is to step aside given his relationship with Adekunbi Ogunde who is on trial before the LPDC, an appendage of the Body of Benchers.
He said:

“Okoli opines that “Olanipekun deserved better, i.e. a more decorous engagement”. In paragraph 4 of his statement, he lists the several things the NBA should have done to convince and pamper Olanipekun to step aside temporarily; he even suggested enlisting Judges to speak with Olanipekun. It’s worthy to note that in his statement, Okoli does not address the impropriety of the fellow partner of Olanipekun, who is not any ” junior colleague”, nor does he address the higher impropriety of the LPDC being subject to influence. He does not even discuss the merits of the letter; instead, he spends paragraphs 4-7 talking of how better and soberer the NBA should have handled the Olanipekun issue on the sole basis that “Chief Olanipekun’s place in that pantheon is beyond any contest”.

Nwachukwu further argued that the arguments of what the NBA should or should not have done is enough at this point.

He pointed out that Okoli missed out in addressing what Olanipekun should have done.

He restated that for a Leader of Olanipekun’s stature, he should ordinary have stepped down without being told, saying that is what ethical leaders worldwide do, without using the Call to Bar Ceremony to settle scores and deform young wigs in unethical practices.

Nwachukwu also wondered Okoli did not appreciate the NBA for taking a challenging and courageous move. He said Okoli does not appreciate the NBA for taking a challenging and courageous move; instead, he ridicules the Bar for “its presumed good intentions of maintaining rules and order in the profession”. This is really unlike Okoli; while endorsing Ajibade SAN for the presidency contest Olumide won, Okoli said, “there is the urgent need for an NBA leadership capable of telling the truth to power” now we are having that kind of leadership. Okoli requests they act with discretion and subservience because, according to him,” there are times and circumstances when discretion is the better part of valour”. Indeed, we must be careful of cowardice shrouded in the cloak of courage.

He said “For the generality of lawyers, whether there was a defect in procedure or not, many are happy and encouraged by the action of the current NBA; indeed, the current NBA leadership is living out its promise and what others like Okoli charged them to do. When the Bar President won the election two years ago, Okoli said, “His task is enormous on many fronts, especially in leading the fight for the rule of law and enthronement of minimum standards in our administration of justice which are sadly lacking at the moment”. The President has done his; we are waiting for what the Body of Benchers and Body of Senior Advocates of Nigeria (BOSAN) will do.”

He concluded that Okoli’s statement successfully chased shadows and attempts to make the NBA not only a ‘timorous soul’ but a respecter of faces and persons, and this is the core reason why the Legal Profession has failed in instilling discipline and high ethical ethos; we have to go past this stage and fight for the common good of the legal profession.