Why Lawyer Ejimakor May Face Disbarment
The recent arrest of Lawyer Aloy Ejimakor for participating in a protest concerning a matter he is professionally handling invites a critical examination of the legal and ethical implications of such conduct.
The fundamental question is whether it is appropriate for a legal practitioner to engage in public demonstrations related to cases under their representation.
Using the case of Nnamdi Kalu’s counsel as a point of reference, it is evident that lawyers are governed by stringent codes of professional conduct designed to preserve the integrity of the judicial process. Relevant provisions include:
Rule 14 of the Rules of Professional Conduct for Legal Practitioners 2007 (RPC), which mandates that a lawyer must maintain independence and objectivity in handling any matter.
Rule 30 of the RPC, which stipulates that a lawyer should avoid any conduct that may prejudice or interfere with the administration of justice.
Rule 55 of the RPC, which requires that a lawyer avoid conduct that brings the legal profession into disrepute.
Further, Section 22(1) of the Legal Practitioners Act (Cap L11, Laws of the Federation of Nigeria 2004) empowers the Nigerian Bar Association (NBA) to discipline members whose conduct is unprofessional or unethical.
By actively participating in a protest related to his client’s case, Lawyer Ejimakor arguably contravened these ethical standards and statutory provisions. Such conduct may be interpreted as:
- Undermining the judicial process by circumventing the proper channels of legal redress.
- Engaging in behavior unbecoming of a legal practitioner as defined under Section 22(2) of the Legal Practitioners Act.
- Attempting to exert improper influence on the judiciary or public opinion, thereby violating the principle of fair and impartial adjudication.
The NBA’s Disciplinary Committee is mandated to investigate allegations of professional misconduct under Section 22(3) of the Legal Practitioners Act, and may impose sanctions including disbarment, suspension, or other penalties as deemed appropriate.
In conclusion, while legal practitioners are expected to zealously advocate for their clients, such advocacy must be conducted within the bounds of professional ethics and respect for the rule of law.
By participating in a protest instead of pursuing legal remedies through the courts, Lawyer Ejimakor has potentially exposed himself to disciplinary action. As counsel to a defendant whose matter is the subject of public protest, he was duty-bound to uphold the highest ethical standards of the profession.
It is imperative that justice be administered impartially and without passion, reflecting the core principles upon which the legal system is founded.
