|
Monday, April 13, 2009
Chief Ladi Rotimi-Williams’ Chambers,
20, Idowu Martins Street,
off Adeola Odeku Street,
Victoria Island,
Lagos
State.
ATTENTION: CHIEF LADI ROTIMI-WILLIAMS
Dear Learned Silk,
RE: CHARGE NO: FHC/L523C/2008 FEDERAL REPUBLIC OF
NIGERIA
V. FEMI FANI-KAYODE
Your letter on the above subject matter dated
2nd April, 2009 was received by our
Chambers on the said date. In addition we also read
the contents of the said letter in the following
publications:
1.
Vanguard
of April 6, 2009 at page 16
2.
Daily Sun
of April 6, 2009 at page 11
3.
The Nation
of April 6, 2009 at page 10
4.
Daily Independent
of April 6, 2009 at page 18
5.
Compass
of April 6, 2009 at page 9
6.
Thisday
of April 6, 2009 at page 9
7.
Guardian
of April 6, 2009 at page 5
8.
The Punch
of April 6, 2009 at page 7
9.
Tribune
of April 6, 20009 at page 6
10.
P.M News
of April 9, 2009 at page 11.
[
In your said letter, you complained that you read
the contents of a Notice of Appeal filed by our
Chambers against the ruling of Honourable Justice
Ahmed Mohammed of the Federal High Court delivered
on the 26th day of March, 2009, on the
pages of Newspapers before you were formally served.
You described this as an “ugly development”
and condemned it in “strongest terms”.
Please, permit us the immodesty and perhaps, the
audacity, to properly educate you on this issue.
When a process of court is filed in the Registry, it
becomes a public document to which everyone can have
access upon the payment of the requisite fees. The
counsel who files the process (like those from our
Chambers in this case) only pays for service but
does not serve the processes personally and is not
in control of when exactly the other side
will be served, even when you make all necessary
arrangements with the court bailiffs. As a result,
it is most uncharitable to accuse your colleagues of
circulating the said Notice of Appeal to the press
before you were served.
You will acknowledge the fact that your client,
being a former Minister who has been docked for
alleged corruption, any process filed in the
Registry concerning the charge should elicit public
interest and anyone would be willing to obtain
copies of such and circulate to the Press.
The stunning irony in all these is that you who
profess to be indignant about the breach of
professional ethics and seek to educate us on what
to do, fell into the same error by circulating to
the Press, your private letter addressed to us and
brought to the attention of his lordship (unlike the
Notice of Appeal which is a public document).
The letter was published in the manner as shown
above. What is more, unlike the Notice of Appeal
which only states Grounds of Appeal (and which is
pursuant to a constitutional right) your letter
which was released to the press contained derogatory
remarks and cast aspersions on our professional
standing. Except you want to accuse his lordship of
sneaking the letter to the Press, the only other
source by which the letter got out was by your
chambers. This is most unprofessional.
All along, we have always had tremendous respect for
some of the senior Counsel on the other side. We do
not want to think that the respect was misplaced. We
would really appreciate it if the courtesy we extend
to you is reciprocated to us in the best traditions
of the Bar. A situation where such derogatory
remarks as “the rantings of Mr. Keyamo”
(as was said the last time in open court without
apologies till date) and the choice of language in
the letter you circulated to the Press, freely used
without qualms is most worrisome for us. However, we
shall keep our heads and continue to uphold the best
traditions of the Bar and will not descend to such
abysmal levels, no matter the provocations. This is
because some of us have been very painstaking in
learning all the courtesies within the profession,
since we did not have the opportunity of been
spoon-fed.
And for the avoidance of doubt, we have the candour
to tell you that we shall be sending copies of this
letter to the public, more as a right of reply to
your letter rather than as a means to spite anyone.
Please accept our professional regards (even though
you never accorded us any).
Thank you.
Yours sincerely,
For: Festus Keyamo Chambers
ANTHONY OMAGHOMI, ESQ.
CLARK EKPEBE, ESQ.
Deputy Head of
Chambers
Assistant Head of Chambers
Cc:
Thro’: The Registrar
To: The Hon. Justice Ahmed Mohammed
Federal High Court
Ikoyi,
Lagos.
Dear Sir,
Please bring the above to the attention of His
Lordship.
Yours sincerely,
For: Festus Keyamo Chambers
ANTHONY OMAGHOMI, ESQ.
CLARK EKPEBE, ESQ.
Deputy Head of
Chambers
Assistant Head of Chambers
Cc:
Robert Clarke (SAN)
6 Moloney Street,
Onikan,
Lagos.
Mike Ozekhome’s Chambers
Ukwe House,
Plot 226, Census Close,
Off Babs Animashaun Street,
Surulere,
Lagos.
|