2nd May, 2012
A Lagos-based legal practitioner, Victor Oluyemi yesterday lost the legal battle to stop the Professional Ethics and Disciplinary Committee of the Nigerian Bar Association, NBA, Ikeja branch, from investigating him on allegation of N5 million fraud, levelled against him by a businesswoman, Mrs. Titilayo Okuyiga.
Dismissing the suit brought by Otuyemi to halt the legal body from investigating him, the trial judge, Justice Opeyemi Oke of the Lagos State High Court sitting in Ikeja, stated that the suit lacked merit and the prayers of the applicant could not be granted.
While dismissing the suit with subtantial cost in favour of the respondents, the trial judge added that the suit did not have any legal leg to stand and dismissed it.
“I have carefully considered the application filed by the applicant, with affidavit in support of the motion, including the written address and at the same time peruse the replies of the respondents, including the evidence attached in support of their claims.
“The issue for determination is whether or not to grant the order of certioraris and whether or not the NBA lacks jurisdiction to investigate the applicant, as being prayed for by Otuyemi.
“With the evidence placed before the court, including many authorities cited by both parties, I’m quite convinced that the legal body’s action to investigate Otuyemi is not in conflict with criminal matter pending before a Federal High Court. Besides, the Professional Ethics and Disciplinary Committee of the Nigerian Bar Association, Ikeja branch, has jurisdiction to look into the petition filed by Mrs. Okuyiga against the applicant.
“I hereby dismiss the suit with cost in favour of the respondents. I award cost of N10,000 each to one, to fourth and fifth respondents,” the court held.