The suspended Dean of the Faculty of Law at the University of Calabar, Prof. Cyril Ndifon, has claimed that the lawyer representing the Independent Corrupt Practices and Other Related Offences Commission (ICPC) is not listed on the roll of legal practitioners in Nigeria, News About Nigeria reports.
Prof. Ndifon raised his objection before the Federal High Court in Abuja, where he is standing trial on amended charges of alleged sexual harassment and gratification.
He argued that the representation by Dr. Osuobeni Akponimisingha violated Section 2 of the Legal Practitioners Act, which stated that a practicing lawyer’s name must be included on the roll of legal practitioners in the country.
The motion on notice, filed on behalf of Prof. Ndifon by his lawyer, Joe Agi (SAN), called for the acquittal of the suspended Dean and his lawyer, Sunny Anyanwu, from the charges brought against them by the ICPC.
The motion argued that the amended charge is incompetent as it was filed by a person not listed on the roll of legal practitioners in Nigeria, thereby undermining the court’s jurisdiction.
Furthermore, the defendants urged the court to refer both Dr. Osuobeni Ekoi Akponimisingha and Joshua E. Alobo, who appeared as part of the prosecution counsel, to the Legal Practitioners Disciplinary Committee.
They alleged that Dr. Osuobeni misrepresented himself by using the title ‘Dr.’ without possessing the academic qualifications to justify it, while Joshua E. Alobo appeared as a private legal practitioner in a criminal case without the fiat of the Attorney General of the Federation.
The defendants sought multiple orders from the court, including striking out the amended charge, removing Joshua E. Alobo from the prosecution counsel, and referring Dr. Osuobeni and Joshua E. Alobo to the Legal Practitioners Disciplinary Committee for misrepresentation and misconduct.
“We hereby seek an order of court striking out the amended charge, in this case, the same being incompetent and preferred by a person whose name is not on the roll of legal practitioners in Nigeria under Section 2 of the Legal Practitioners Act and thus robbing this court of its jurisdiction.
“An order of court striking out all the appearance of Joshua E. Alobo from the prosecution counsel for appearing as a private legal practitioner in a criminal case without the fiat of the Honourable Attorney General of the Federation,” the motion partly read.
