Johnson’s Will: Banire, SAN Drags Lawyer Before Disciplinary Committee

Legal tussle over the estate of late Mrs. Helen Johnson has
taken a new turn, following a petition written by Dr. Muiz Banire
(SAN) to the Legal Practitioners’ Disciplinary Committee over
alleged letter written by a junior lawyer, Mr. Osho Oluyemi.

Banire has also filed a suit against the respondent before the
Lagos State High Court seeking N200 million compensation for
alleged damage to his reputation.

In his petition with reference number, BB/LPDC/287/2020, Banire
stated that the respondent, Osho Oluyemi in his letter to the
Managing Director of Stanbic IBTC Bank made certain courteous and
defamatory statements.

Banire claimed that the letter was a violation of Rule 15 (2)
(a), (3) (g) & (j) of the Rules of Professional Conduct for Legal
Practitioners.

He said the statement constituted a direct attack on his
personality and integrity, and that of legal practitioners in his
law firm as well as a Chief Magistrate I of the Lagos Magisterial
District.

Highlighting the facts leading to the alleged act of
unprofessional conduct, the petitioner stated that the Executor and
the Executrix of the estate of late Mrs. Helen Aroon Gill Johnson
briefed his firm, M. A. Banire & Associates, to represent them in a
number of cases and to take immediate and necessary steps in the
pending suits.

The petitioner stated that, his clients informed him that since
2017, some of their bank accounts had been frozen via three (3)
Bankers’ Orders respectively dated 4 the October 2017, 16th October
201 7 and 16th October 2017, 28th December 2017, and 28th December
2017 obtained by the Inspector General of Police before the
Magistrate Court, Lagos in connection with a police
investigation.

He stated that his firm took steps to have the bankers orders
set aside by filing Suit No. M/ 341/2020 – between Mrs. Yetunde
Onyekweli & 2 Others v. Inspector General of Police & 3 Others
before the Magistrates’ Court, Igbosere, Lagos wherein all parties
were adequately put on notice including the Inspector General of
Police.

He stated further that on the 21st July, 2020, after hearing all
counsel, the application was granted by Chief Magistrate K B Ayeye
(Mrs.) and as such set aside the Post No Debit orders placed on the
account.

Consequently, the affected banks, 2nd to 4th defendants in Suit
No. M/ 341/2020 were served with the order of court to enable them
to lift the restrictions.

He stated that the respondent, (Osho Oluyemi), allegedly wrote a
letter to the Managing Director of Stanbic IBTC Bank after the
service of the order lifting the restriction on the bank,
challenging the bank’s compliance with the order of court which
directed the bank to unfreeze his (Banire) client’s account
maintained with the bank.

He said the said letter, ‘’made certain uncourteous and
defamatory statements which constitute a direct attack on the
personality and integrity of Dr. Muiz Banire, SAN, as well as legal
practitioners in the law firm of M. A. Banire & Associates and
Chief Magistrate I of the Lagos Magisterial District’’.

He added that the expressions in the letter also called into
question the integrity of the court from which the alleged ‘back
door’ order was obtained contrary to Rule 3 1 ( 1 ) of the Rules of
Professional Conduct for Legal Practitioners 2007.

However, in his defence, the respondent, Oluyemi Osho, denied
the allegation of misconduct stating that he was not privy to the
instruction said to have been issued to the applicant’s law firm by
Mrs. Yetunde Onyekweli, Mr. Oluwatobi Onyekweli and Mr. Christopher
Ibukunoluwa Johnson to represent their interest in the suits listed
in the said letters.

Osho added that out of the sixteen (16) beneficiaries of the
Will, the applicant only had the instruction to represent three (3)
who were also named executors under the Will, arguing that the
applicant was not instructed or authorized to represent all the
beneficiaries of the estate.

According to him , the Originating Application was said to have
been filed by the listed claimants who were stated to be “suing for
themselves and on behalf of the estate of the late Mrs. Helen Aroon
Gill Johnson”, even though the letters of instruction were issued
for their personal legal representation.

The respondent added that out of the 12 grandchildren stated in
clause 18 of the Will, the applicant only had instruction to
represent Oluwatobi Onyekweli, while the other 1 1 beneficiaries
whose interests were directly affected by the account in respect of
which Suit No. M/341/2020 was filed were not informed of the
pendency of the suit, nor were they joined as parties to the
same.

He stated ‘’To the best of my knowledge and at the time of the
issuance of the letter dated 1st September, 2020, I was not aware
that the applicant was involved in the handling of the issues in
relation to the police investigation and the banker’s orders which
were subject of Suit No.: M/341/2020.

‘’Neither the beneficiaries of the estate nor our law firm was
apprised or acquainted with the proceedings stated in those
paragraphs until when our client called our law firm to inform us
that there was a move to unfreeze and withdraw the money standing
to the credit of the estate account’’.

He described as baseless the allegation that his letter
“constitute direct attack on the personality and integrity of Dr.
Muiz Banire, SAN, as well as legal practitioners in the law firm of
M. A. Banire & Associates and Chief Magistrate 1 of the Lagos
Magistrate District’’.
He insisted that the letter was written to draw the bank’s
attention to the fact that account number 0022757608 which was part
of the subject matter in suit ID/1505FPM/2018 should be preserved
pending the outcome of the suit to which the bank and the
applicant’s clients were parties.

‘’From the beginning of the letter to the end, no mention was
made of either the name of the applicant, his law firm or any of
the lawyers therein. The only names specifically mentioned in the
letter, the subject of this disciplinary proceeding, are those of
the late Mrs. Helen Aroon Gill Johnson, Yetunde Onyekweli and
Ibukunoluwa Johnson both of whom are defendants in Charge No.
ID/8254C/2018’’.

Besides, Banire also filed a N200 million suit against
respondent before the Lagos State High Court as compensation for
his reputation allegedly damaged by the defendant.
In his suit seeking N200 million compensation, Banire also asked
for an order compelling the defendant to immediately withdraw the
said publication and tender an unreserved apology in two national
daily newspapers.

Legal tussle over the estate of late Mrs. Helen Johnson has
taken a new turn, following a petition written by Dr. Muiz Banire
(SAN) to the Legal Practitioners’ Disciplinary Committee over
alleged letter written by a junior lawyer, Mr. Osho Oluyemi.

Banire has also filed a suit against the respondent before the
Lagos State High Court seeking N200 million compensation for
alleged damage to his reputation.

In his petition with reference number, BB/LPDC/287/2020, Banire
stated that the respondent, Osho Oluyemi in his letter to the
Managing Director of Stanbic IBTC Bank made certain courteous and
defamatory statements.

Banire claimed that the letter was a violation of Rule 15 (2)
(a), (3) (g) & (j) of the Rules of Professional Conduct for Legal
Practitioners.

He said the statement constituted a direct attack on his
personality and integrity, and that of legal practitioners in his
law firm as well as a Chief Magistrate I of the Lagos Magisterial
District.

Highlighting the facts leading to the alleged act of
unprofessional conduct, the petitioner stated that the Executor and
the Executrix of the estate of late Mrs. Helen Aroon Gill Johnson
briefed his firm, M. A. Banire & Associates, to represent them in a
number of cases and to take immediate and necessary steps in the
pending suits.

The petitioner stated that, his clients informed him that since
2017, some of their bank accounts had been frozen via three (3)
Bankers’ Orders respectively dated 4 the October 2017, 16th October
201 7 and 16th October 2017, 28th December 2017, and 28th December
2017 obtained by the Inspector General of Police before the
Magistrate Court, Lagos in connection with a police
investigation.

He stated that his firm took steps to have the bankers orders
set aside by filing Suit No. M/ 341/2020 – between Mrs. Yetunde
Onyekweli & 2 Others v. Inspector General of Police & 3 Others
before the Magistrates’ Court, Igbosere, Lagos wherein all parties
were adequately put on notice including the Inspector General of
Police.

He stated further that on the 21st July, 2020, after hearing all
counsel, the application was granted by Chief Magistrate K B Ayeye
(Mrs.) and as such set aside the Post No Debit orders placed on the
account.

Consequently, the affected banks, 2nd to 4th defendants in Suit
No. M/ 341/2020 were served with the order of court to enable them
to lift the restrictions.

He stated that the respondent, (Osho Oluyemi), allegedly wrote a
letter to the Managing Director of Stanbic IBTC Bank after the
service of the order lifting the restriction on the bank,
challenging the bank’s compliance with the order of court which
directed the bank to unfreeze his (Banire) client’s account
maintained with the bank.

He said the said letter, ‘’made certain uncourteous and
defamatory statements which constitute a direct attack on the
personality and integrity of Dr. Muiz Banire, SAN, as well as legal
practitioners in the law firm of M. A. Banire & Associates and
Chief Magistrate I of the Lagos Magisterial District’’.

He added that the expressions in the letter also called into
question the integrity of the court from which the alleged ‘back
door’ order was obtained contrary to Rule 3 1 ( 1 ) of the Rules of
Professional Conduct for Legal Practitioners 2007.

However, in his defence, the respondent, Oluyemi Osho, denied
the allegation of misconduct stating that he was not privy to the
instruction said to have been issued to the applicant’s law firm by
Mrs. Yetunde Onyekweli, Mr. Oluwatobi Onyekweli and Mr. Christopher
Ibukunoluwa Johnson to represent their interest in the suits listed
in the said letters.

Osho added that out of the sixteen (16) beneficiaries of the
Will, the applicant only had the instruction to represent three (3)
who were also named executors under the Will, arguing that the
applicant was not instructed or authorized to represent all the
beneficiaries of the estate.

According to him , the Originating Application was said to have
been filed by the listed claimants who were stated to be “suing for
themselves and on behalf of the estate of the late Mrs. Helen Aroon
Gill Johnson”, even though the letters of instruction were issued
for their personal legal representation.

The respondent added that out of the 12 grandchildren stated in
clause 18 of the Will, the applicant only had instruction to
represent Oluwatobi Onyekweli, while the other 1 1 beneficiaries
whose interests were directly affected by the account in respect of
which Suit No. M/341/2020 was filed were not informed of the
pendency of the suit, nor were they joined as parties to the
same.

He stated ‘’To the best of my knowledge and at the time of the
issuance of the letter dated 1st September, 2020, I was not aware
that the applicant was involved in the handling of the issues in
relation to the police investigation and the banker’s orders which
were subject of Suit No.: M/341/2020.

‘’Neither the beneficiaries of the estate nor our law firm was
apprised or acquainted with the proceedings stated in those
paragraphs until when our client called our law firm to inform us
that there was a move to unfreeze and withdraw the money standing
to the credit of the estate account’’.

He described as baseless the allegation that his letter
“constitute direct attack on the personality and integrity of Dr.
Muiz Banire, SAN, as well as legal practitioners in the law firm of
M. A. Banire & Associates and Chief Magistrate 1 of the Lagos
Magistrate District’’.
He insisted that the letter was written to draw the bank’s
attention to the fact that account number 0022757608 which was part
of the subject matter in suit ID/1505FPM/2018 should be preserved
pending the outcome of the suit to which the bank and the
applicant’s clients were parties.

‘’From the beginning of the letter to the end, no mention was
made of either the name of the applicant, his law firm or any of
the lawyers therein. The only names specifically mentioned in the
letter, the subject of this disciplinary proceeding, are those of
the late Mrs. Helen Aroon Gill Johnson, Yetunde Onyekweli and
Ibukunoluwa Johnson both of whom are defendants in Charge No.
ID/8254C/2018’’.

Besides, Banire also filed a N200 million suit against
respondent before the Lagos State High Court as compensation for
his reputation allegedly damaged by the defendant.
In his suit seeking N200 million compensation, Banire also asked
for an order compelling the defendant to immediately withdraw the
said publication and tender an unreserved apology in two national
daily newspapers.