NBA okays Kalejaiye for trial over Osun election petition - TopicsExpress



          

NBA okays Kalejaiye for trial over Osun election petition tribunal …faces Legal Practitioners Disciplinary Committee today Prominent member of the inner bar, Chief Kunle Kalejaiye, SAN, is to face trial over the alleged illicit telephone exchanges he had in 2008 with the then Chairman of the Osun State Election Petition Tribunal, Justice Thomas Naron. The Nigerian Bar Association, NBA, recommended his trial after a prima facie case was established against him. Justice Naron headed the tribunal that heard the petition filed by the Action Congress of Nigeria, ACN, and its candidate, Rauf Aregbesola against the election that got former Governor Olagunsoye Oyinlola to office. Justice Naron was tried by the National Judicial Council, NJC, over the matter and had since been sacked. Until he was dismissed, Justice Naron served on the Plateau State High Court bench NJC is the statutory body created by section 153 of the 1999 constitution to discipline erring judges. Although, a prima facie case was established against Kalejaiye when the matter was investigated by the NBA, nothing was heard again until recently, when the matter was listed for hearing before the Legal Practitioners Disciplinary Committee, LPDC. The LPDC is the judicial organ of the NBA, which also has wide powers over erring lawyers. But its decision, like that of the NJC, is appealable. Kalejaiye is to appear this morning before the LPDC to enter his plea to a three count complaints preferred against him. Details of the alleged illicit telephone exchanges he had with Naron may also be made public today. The LPDC, headed by Joseph Daudu, SAN, began sitting yesterday at the Court of Appeal, Abuja. In the complaint, signed by lawyer to the NBA, Dele Oye, Chief Kalejaiye was accused of unprofessional conduct by engaging in “private and confidential telephone conversation” with Justice Naron. This was done without the knowledge of the other party, while the tribunal was yet to conclude hearing in the petition involving Kalejaiye’s client. The complaints reads: “That you Kunle Kalejaiye, SAN, as a legal practitioner involved in the election petition before the Election Petitions Tribunal sitting in Osogbo, Osun State sometimes in the year 2008, engaged in constant, private and confidential telephone communications with the Chairman of the Election Petitions Tribunal, Justice Thomas Naron, during the pendency of the said petitions, without informing the opposing counsel or allowing the opposing counsel to be present and by so doing, you created the impression of special personal likelihood of favour from the chairman of the petitions tribunal and by so doing, you have failed to maintain the high standard of professional conduct expected of a legal practitioner. “That you, Kunle Kalejaiye, SAN, as a legal practitioner involved in the election petition before the Election Petitions Tribunal sitting in Osogbo, Osun State sometimes in the year 2008, engaged in constant and regular telephone communications with the Chairman of the Election Petitions Tribunal, Justice Thomas Naron, during the pendency of the said petitions, conducted yourself in a manner that is likely to obstruct, delay or adversely affect the administration of justice and by so doing, you have failed to maintain the high standard of professional conduct expected of a legal practitioner, by engaging in a conduct unbecoming of a legal practitioner. “That you Kunle Kalejaiye, SAN, as a legal practitioner involved in the election petition before the Election Petitions Tribunal sitting in Osogbo, Osun State sometimes in the year 2008 engaged in constant, private and confidential telephone communications with the Chairman of the Election Petitions Tribunal, Justice Thomas Naron, during the pendency of the said petitions, conducted yourself in a way calculated to erode the confidence in the Chairman of the election petitions tribunal and by so doing, you have failed to maintain the high standard of professional conduct expected of a legal practitioner, by engaging in a conduct unbecoming of a legal practitioner. Kalejaiye was, by his alleged unprofessional conduct, said to have violated Rules 1, 15, 30, 31, 32, 34, 36 and 55 of Professional Conduct in the Legal Profession 2007. The LPDC also considered some complaints yesterday, including those against the Deputy Director of Public Prosecution, DDPP, Anambra State, Azubike Onyedika Okeke as well as those against G. T. Ahembe and Chikwendu Kalu. Okeke, against whom a three-count complaint was filed, was accused of abusing his office by allegedly acting as a private solicitor, while still in public service. Kalu was, in a threecount complaint, accused of defrauding his client. He was accused of receiving N1.2 million from Nze Jerry Nwampa as deposit for a property at 2, Okorcha Avenue, Umungasi, Abia State. He claimed to have kept the money in his office for days and later accused the client of breaking into the office and stole part of the money. Kalu was said to have breached Rules 1 and 23 (1) (2) and 55 and liable under Section 12 of the Legal Practitioners Act 1990 (as amended). On his part, Ahembe was accused of receiving N5 million on behalf of his client, but only gave the client N5,000, a conduct that is contrary to Rules 1, 14 (4) and 55 of the Rules of Professional Conduct for Legal Practitioners 2007. The lawyers denied the allegations while adopting their final written addresses. They prayed the committee to hold that their actions did not amount to professional misconduct as alleged in the petitions against them.
Posted on: Tue, 16 Jul 2013 11:21:18 +0000

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