By Ikhili Ebalu, Benin City
The Benin Solidarity Movement (BSM) Worldwide, a Social Cultural and Non-Political Pressure Group, has accused a Benin based legal practitioner, Olayinwola Afolabi (Esq) of professional misconduct and called on the National Body of the Nigerian Bar Association (NBA) and Edo State Branch to prevail on the lawyer to refund the N4,000,000.00 being legal fees paid him for a brief he allegedly handled unprofessionally.
These and other allegations are contained in a petition against Olayiwola Afolabi (Esq) dated 1st March, 2021 and signed by Comrade Curtis Eghosa Ugbo to the national president and chairman of the Benin branch of the Nigerian Bar Association, NBA respectively by the Benin Solidarity Movement.
In the petition, the BSM said, “We write to you in dismay, the unethical and unprofessional conduct of one of your lawyers in the BAR – Barrister Olayinwola Afolabi Esq. whose legal services was employed by me as the President of this noble and great Group/Association – Benin Solidarity Movement, sometime in July, 2020.
“He was paid to do several petitions on behalf of the Group against one Johnson Asteleghe who attacked Ologbo Community and three persons lost their lives in the process, and as a Benin Social Cultural Pressure Group, we took it upon ourselves to seek justice for the bereaved families and to ensure peace and tranquility was restored back to Ologbo and other communities existing in the Dukedom.
“The said John Atseleghe was later arrested and charged to court by the State Command of the Nigeria Police in August, 2020 and Barrister Afolabi Olayinwola was further engaged by the Benin Solidarity Movement as the Lead Counsel to prosecute the Criminal/Murder Charge against the said Johnson Atseleghe and 7 Others who perpetrated the conspiracy, kidnappings and murder case and a legal fee of N10,000,000.00 (Ten Million Naira only) was agreed upon by me and Barrister Olayinwola Afolahi and I personally transfered the sum of N4,000,000.00 (Four Million Naira only) into Barrister Olayinwola Afolabi Bank Account on behalf of the Benin Solidarity Movement (BSM) Worldwide through my personal Bank Account as mandated by members of the B.S.M. Worldwide.”
The Benin Solidarity Movement (BSM) Worldwide, which is a Social Cultural and Non-Political Pressure Group for the Benin speaking ethic nationality stated further that “The said Johnson Atseleghe and the 7 Others suspects were detained and remanded in the Oko Correctional Centre (Oko Prison) from that August, 2020 to about four (4) months later before they were granted bail in a murder case and we faulted the Judge for granting such Bail Application but before then, l got information that our own lawyer, Barrister Olayinwola Afolabi went to see the principal suspect in Oko Prison and was also using one of the lawyers in his chambers to apply for the bail of the Principal Suspect – Johnson Atseleghe.
“Although l didn’t believe the information when it came first, but with Barrister Afolabi funny behaviors about the case, we decided to debrief him from the case but he refused to hands off the case. He was still attending court sessions and we then wondered who was paying him to come to court because we already stopped the payment of the N100,000.00 (One Hundred Thousand Naira only) Legal Appearance Fee to him and so what was his interest in the case.
“It was then confirmed to us the information we got that Barrister Afolabi Olayinwola using one of the lawyers in his office to document and facilitate the Bail Application for the accused suspects in the prison custody was true.”
“Again, Barrister Olayinwola Afolabi went further to apply for FIAT in the case that we already debriefed him from attending, saying that he was briefed by a distant uncle of the men killed by the suspects and he was embarrassed in the court by the wife of the deceased that she never briefed him or asked anybody to brief him on behalf of her late husband and the family and the Judge graciously threw the so-called FIAT from Barrister Olayinwola Afolabi into the dust-bin.
“And after all what Barrister Afolabi did to jeopardize our case against Johnson Atseleghe, he had the effrontery to petition me – Curtis Eghosa Ugbo at the Nigeria Police – A.I.G. Zone 5 Office, Benin City and he categorically stated in his petition against me that he actually visited the said principal suspect – Johnson Atseleghe at Oko Prison at the time and the suspect offered him an envelop but claimed to have refused it but our question is; is it ethical or a professional conduct as a lawyer working for the complainant in a case to go and see the accused suspect(s) without the permission or notice of the complainant in the case?”
The BSM then appealed to the NBA to call Olayinwola Afolabi Esq. to order and refund the four million legal fees paid to him for allegedly betraying the BSM.
“We want to use this medium to further appeal to the NBA to call Barrister Olayinwola Afolabi to order before he cause more embarrassing situations to the Nigeria Bar Association (NBA) National body generally and Edo State branch in particular.
“We are also appealing for you to use your good offices to call Barrister Olayinwola Adolabi to refund the N4,000,000,00 (Four Million Naira only) paid to him because he betrayed us of the said amount for working against our interest,” the statement said.
In a telephone interview with our correspondent so as to get his reaction to the allegations, Olayewole Afolabi Esq. said, “As l said before, l don’t want to react, l will join you in the suit, by then you will know”.he concluded.