Henry Odein Ajumogobia SAN OFR, a Senior Advocate of Nigeria and Founding Partner of Ajumogobia & Okeke Co, has responded to a letter allegedly written by a Partner in the law firm of Wole Olanipekun & Co., Adekunbi Ogunde to Saipem Nig Ltd soliciting the briefing of the latter company in respect of the ongoing USD130 million case at the Rivers State High Court brought by the Rivers State Government.
In the letter written by Adekunbi to Saipem Ltd which is currently in public domain, he claimed “I believe that you need a more influential lawyer/law firm to prevent a potential huge pay out to the Rivers State Government and without a doubt, I believe that my law firm, Wole Olanipekun & Co., can help in this regard.
“A quick research about Wole Olanipekun & Co., will show that the law firm is the leading litigation firm that has helped other multinationals in sensitive, highly political matters. It will also reveal that the presence of our lead partner, Chief Olanipekun SAN, OFR, in the matter will significantly switch things in favour of SAIPEM. Chief Olanipekun SAN, OFR is currently the Chairman of the Body of Benchers, which is the highest ruling body in the Nigerian legal profession, made up of Supreme Court Judges, Presiding Justices of the Court of Appeal and Chief Judges of all State High Courts, including the Rivers State High Court. In order words, Chief Olanipekun SAN, OFR, is the head of the entire legal profession in Nigeria.”
Reacting to the letter, Mr Ajumogobia, a Former Minister of Petroleum Resources and foreign affairs in a letter addressed to Chief Wole Olanipekun SAN, OFR, the Founding Partner of Wole Olanipekun & Co, expressed great shock at the letter written by Adekunbi to Saipem Ltd, a client of his.
He described the action as tantamount to gross misconduct and a breach of the Rules of Professional Conduct which expressly prohibits self-advertising and solicitation.
He wrote: “I am shocked and appalled at the contents of the letter, written by one Adekumbi Ogunde who describes herself in the letter as a partner in your firm.
I must also express my extreme disappointment and utter disillusionment, that a letter of this nature should emanate from your chambers, given your stature at the bar generally and as the current Chairman of the body of benchers, in particular.
My sentiments about the unfortunate but unmistakable allusion to ‘influence’ with “Justices of the Supreme Court, Presiding Justices of the Court of Appeal and Chief Judges” with whom you happen to serve on certain bodies in the legal profession, with regard to a matter before a Court, is better left unsaid.
Suffice it to say that the attached letter is in my opinion tantamount to gross misconduct of the worst kind.
For the record, our mandatory Rules of Professional Conduct expressly prohibit self-advertising and solicitation by Nigerian legal practitioners!”
Ajumogobia continued: “Rule 39 expressly provides that “A lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which …..makes comparison with or criticizes other lawyers …..or includes any statement about the quality of the lawyer’s work, the size or success of his practice or his success rate.”
According to Ajumogobia, Olanipekun was aware that his firm has since been retained to handle the matter and described the letter of solicitation from his Partner as deplorable and defamatory.
“The email from your firm could not be more egregious in its breach of this essential mandatory rule, especially in its acknowledgment that the defendant companies had already retained counsel. That I and my firm of Ajumogobia & Okeke were retained in the matter, was a matter of public record and was personally known to you and your firm, since you had asked me about the matter during our Unilag Law Faculty Alumni dinner at Harbour point in February.
The attached email from your firm also contains false and misleading statements with several defamatory imputations of and concerning myself and my firm.”
He therefore demanded that within 7 days of the date of his letter, a written apology be written to the firm of Ajumogobia & Okeke from Wole Olanipekun & Co, for the most deplorable conduct of Adekumbi Ogunde and the firm.
He added: “In addition we demand that Wole Olanipekun & Co sends a letter to Saipem the top management to retract your said letter. The retraction and a copy of the apology to my firm must be copied to the top management of Saipem SA and the same recipients as the original email, namely Caio Francesco <Francesco.Caio@ Saipem.com>
Cc: Merlo Silvia <Silvia.Merlo@saipem.com>; Puliti Alessandro <Alessandro.Puliti@saipem.com>; CHINI SIMONE <SIMONE.CHINI@saipem.com>
I trust that your firm will comply with our demand forthwith.”
However,in a letter dated 24th June, 2022 and signed by Chief Wole Olanipekun SAN, the firm, Wole Olanipekun & Co, disclaimed the controversial letter and dissociated themselves from their partner Adekunbi Ogunde, who they said was on a frolic on her own and the letter had neither been written with the instructions of the firm or its approval. The firm went on to establish the integrity and discipline of its principal, while apologizing to H. Odien Ajumogobia SAN OFR and the Ajumogobia & Okereke firm, stating that the firm was more than capable and competent.
The letter also made it known that internal measures were in gear to remedy the unfortunate incident.
