….. Describe same as unconstitutional and professional misconduct
A public interest lawyer committed to upholding the legal profession’s ethics, Dr. Ganiyu Yahaya, Esq., MCIArb (UK), has criticized Deji Adeyanju, Esq., on the letter dated 4th February 2025 addressed to the embassies of the US, UK, Canada and EU in Nigeria, seeking a visa ban against ACP Olumuyiwa Adejobi, the Public Relations Officer of the Nigeria Police Force
In a statement sent to Swift Reporters, Dr Ganiyu Yahaya said, firstly, such action by a lawyer seeking a visa ban against the Force PRO and the immediate members of his family or any citizen of Nigeria on any unproven allegation of human rights abuses before a duly constituted panel of inquiry or a court of competent jurisdiction amounts to engaging in conduct unbecoming of a legal practitioner and so violates the Rules of Professional Conduct for Legal Practitioners, 2023.
The statement read, “The actions of Deji Adeyanju, Esq., contravene the following provisions of the Rules of Professional Conduct, 2023:
“1. Rule 1: A lawyer shall uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner. By bypassing established legal institutions and seeking punitive measures against the Force PRO through foreign diplomatic channels, our learned colleague has acted in a manner inconsistent with the due process of law.
“2. Rule 33: A lawyer involved in or associated with a criminal prosecution, defence, or civil matter shall not, while litigation is anticipated or pending, make or participate in any extra-judicial statement that is capable of prejudicing or interfering with the fair trial of the matter. Thus, the extrajudicial request for a visa ban is tantamount to imposing penalties without due adjudication and undermines the rule of law. Imagine when an advocate becomes a court of law. It is laughable.
“Secondly, the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees fundamental rights, which have been violated by the said actions of my learned brother, Deji. Section 36(1) & (5) guarantees the right to a fair hearing and the presumption of innocence until proven guilty before a court of competent jurisdiction. On this note and by virtue of this provision, requesting punitive action without affording the other party the right to be heard, the learned colleague has disregarded the principle of “audi alteram partem” and due process. In addition, Section 34(1) protects the dignity of individuals. Making derogatory and unsubstantiated allegations against the Force PRO without legal proof is not only unethical but also unconstitutional.
“From the provisions stated above, I wish to vehemently emphasise that this response, without prejudice to any personal view or opposition to freedom of speech, is to stand as a legal practitioner and to resist misleading information, unproven allegations, and actions that undermine the rule of law and social justice. It is astonishing that a lawyer is standing in the capacity of a judge and wrote to a foreign government embassy to seek punitive action against a Nigerian officer without a fair hearing. This looks malicious and tarnishes the integrity of the legal profession.
“I, therefore, call on legal luminaries and our leaders in the legal profession to look into this matter for a possible caution as we all hold the civil responsibilities to preserve and safeguard the integrity of our dear noble profession jealously, the statement concluded.
