GBENGA ADENIJI, who monitored activities in some magistrates’ courts in Lagos State, writes about the operation of fake lawyers within and outside the premises of the courts
Everyone calls them lawyers. Quite broad in their specialisation, they give legal advice, prepare legal documents and represent people in courts of law. With the wigs and gowns, they have presented themselves before eminent members of the Bench. They are quick to dole out their complimentary cards to unsuspecting members of the public, who perceive them to be solicitors. But they are not.
Welcome to the world of fake lawyers, who were not called to the Nigerian Bar. The majority of these fake lawyers operate in magistrates’ and customary courts.
It may be difficult to identify a fake lawyer because their fees are in line with what genuine lawyers charge. Searching for a fake lawyer, according to a legal practitioner, Sola Adewale, is akin to looking for a needle in a haystack. According to him, anybody with the capability to buy a suit can boldly present himself as a lawyer.
This was the case of 25-year-old Ibrahim Aminu, who paraded himself as a lawyer to many people in Gombe and Bauchi states. He claimed membership of the Nigerian Bar Association, Gombe branch. He also presented himself as an employee of the National Intelligence Agency.
He was apprehended by officers of the Department of State Services, Bauchi State Command. Aminu, who is married with a daughter, confessed to have dropped out of the University of Maiduguri because he was unable to meet his financial obligations. He allegedly forged the stamp of Providence Chamber, Dutse, which belonged to a friend who left it in his house. Aminu is currently facing prosecution.
Just like Aminu, 32-year-old Daniel Ikhuoria, a native of Ekpoma in Edo State, was determined to be an attorney by all means. Though he did not study Law, he bought a wig and gown and started practising. He did not restrict his activities to the magistrates’ and customary courts. Rather, he presented himself before a judge at the Lagos High Court, Igbosere, Lagos Island. He was attending proceedings until he was arrested by the police.
One of the executive members of the NBA, Lagos branch, who spoke on condition of anonymity, told SUNDAY PUNCH that Ikhuoria’s trial, which began last year, is still ongoing.
Modus operandi
Some fake lawyers have agents who act as intermediaries between them and would-be clients.
Our correspondent had an encounter with one of the agents at Oba Akinjobi Way, Ikeja Lagos on a sunny Tuesday afternoon. The young man, dressed in a white shirt and a pair of black trousers, clutched a transparent file stuffed with papers.
The lanky, dark agent walked briskly to our correspondent upon sighting him, asking if he wanted to obtain an affidavit at the Magistrates’ Court, Ikeja. Our correspondent, however, said he needed more than an affidavit—he was in need of a lawyer. The following conversation thereafter ensued:
SUNDAY PUNCH: Sir, I need a lawyer to help with a case I have with the police.
Agent: Which case?
SUNDAY PUNCH: My cousin was arrested for phone theft and I need a lawyer to help with the bail.
Agent: What court has the case been charged to?
SUNDAY PUNCH: I don’t know currently, but I’d find out.
Agent: Okay, also find out the name of the magistrate in charge of the case and the date of next hearing. I will talk to the attorney on your behalf. When next you are coming, bring N30,000 for consultation fee and we will discuss how much my boss (the lawyer) would charge to appear in court.
Every attempt to get him to disclose the identity of the ‘attorney’ he works for was resisted. According to him, the ‘attorney’ only attends to clients with proofs of cases in magistrates’ and customary courts.
Why do fake lawyers prefer either magistrates’ or customary courts? A lawyer, Mr. Seun Oluwabamise, sheds light on this: ‘‘The High Court is a higher court with technical and complex rules while the Magistrates’ Court is of summary jurisdiction with less complex rules.’’
He added that it would be difficult for those not called to be Bar to blend with lawyers in the High Court because, “Lawyers in the High Court are robed but at the Magistrates’ court, a lawyer only needs to wear a suit to appear in the court.”
But there are also some fake lawyers who don’t appear in courts. To Oluwabamise, these are ‘agreements and deeds lawyers.’
‘‘What the majority of these people (fake lawyers) do is to prepare agreements, deeds and deal in property sales. I know of a man, who claims to be a lawyer but I seriously doubt his claim. I have discussed with him many times and I discovered that he once worked as a clerk in a chamber and that was how he got to know certain things related to law,” he added.
In a related development, the Solicitors Regulation Authority in the United Kingdom noted that the number of fake law firms doubled in two years. It stated that in 2014, members of the public who were worried about the trend reported 701 fake law firms whereas in 2012, only 349 cases were reported.
From courtrooms to jail
Life was on the good side for 40-year-old Olaoluwa Joseph. He had money to pay his bills and buy what made life enjoyable. But there was a snag — he made a living as an impostor, parading himself as a lawyer when he was not one.
The only experience of the law profession he had was from a law firm where he once worked. The game was, however, up for him September last year.
That day, he was, as usual, faking a lawyer status at the Magistrates’ Court along Ondo Road, Akure, when security operatives swooped on the place to arrest him.
Joseph had consistently presented himself as a lawyer and a member of the Nigerian Bar Association, Akure branch to unwary clients before his arrest.
He was representing a client before Chief Magistrate Olarenwaju Adesanmi when he was nabbed.
After searching his apartment, the police discovered lawyers’ items ranging from wigs, gowns, letter-head, bail bond to bail sheets.
He was subsequently charged to court and after a short legal battle, Joseph was sentenced to one year imprisonment with hard labour. He was released in June this year having completed his jail term.
The chairman of the NBA, Akure branch, Mr. Kayode Dare, who kept abreast of the case, told our correspondent that Joseph did not appeal the judgment. He was released after he duly completed the one-year jail term.
Dare added that some individuals informed the Akure branch of the NBA about Joseph’s activities before he was monitored and trailed to the court premises on the day of his arrest.
Dare said, ‘‘I monitored the case from when he was arrested to his prosecution and eventual sentencing. The day we saw him in the court, we were sure that he could not be a lawyer especially as we had received complaints about him. His mannerism gave him away. We only asked him few questions for us to realise he was a fake. I was in court the day he was sentenced.’’
For these fake lawyers, there is a gold mine in the vocation. Perhaps, this explains why Matthew Oyeleye hung onto it for survival.
The 35-year-old fake lawyer was arrested by police officers from the Ojokoro Division, Lagos after a tip-off.
Before he was arrested for impersonation, Oyeleye was brought before an Ojokoro Magistrates’ Court, Lagos State, for failing to appear at the court after he was granted bail for allegedly issuing N1.2m dud cheques to one Mrs. Omijie Nihinlolawa, an estate agent.
He had allegedly agreed to buy a house on Ayinde Street, Alagbado, for N19m with an agency fee of N1.2m. He allegedly issued two cheques for N1.2m.
Oyeleye was given the documents of the house with a promise to pay the N19m later. But the cheques were dishonoured due to insufficient funds in his bank accounts. SUNDAY PUNCH gathered that he avoided the agent since May 30, 2014 when the cheques were issued, but was arrested and taken to the Alagbado Police Station in October 2014.
He was later released on bail after a surety, said to be his church member, Duruji Chinedu, stood in for him at the station. Chinedu was later arrested and charged to the court after Oyeleye failed to report at the station. The surety, however, spent two months in prison custody before his bail was perfected.
An order by the Magistrate, Mrs. A.O. Olayinka, later ensured that Oyeleye was re-arrested and arraigned by a prosecutor, Inspector Benson Emuerhi, on three counts bordering on issuance of dud cheques and jumping bail.
Part of the charges read, “That you, Matthew Oyeleye, on October 15, 2014 on Keshi Ayinde Street, Alagbado, in the Ikeja Magisterial District, did present an FCMB cheque of N250,000 with number 09293037 and Enterprise cheque of N1m with number 20488607, which was issued on May 5, 2014 to Mrs. Omijie Nihinlolawa for the purchase of a building and when both cheques were presented at the banks, they were dishonoured for lack of funds.”
On June 18, the Ojokoro Magistrates’ Court was filled to the brim by people who came to witness the commencement of Oyeleye’s trial. The accused has been remanded in the Kirikiri Prisons since April 21.
To perfect his act, he printed complimentary cards on which he embossed ‘Oyeleye, Oyeleye & Co’ and Funsho Ayinde Oyeleye & Co’ as the company names he used to deceive clients who never suspected that he was an impostor. The card bore two specifications — solicitor and finance management advisor.
Apart from the card falsely introducing him as the senior partner of the phony companies, it also had four mobile numbers cutting across several mobile networks for clients to call.
Boldly, he displayed his office address as: 32, Okota Road, Gideon Bus/Stop, Isolo, Lagos. When the address was visited, it was discovered that it’s a shopping plaza housing some offices and two law firms.
The lawyers in the two firms expressed surprise that Oyeleye used the plaza as the address of his office whereas none of them could identify him.
One of them said, “We do not know anybody by such name in this place. Like you noticed, he only included the place as the address of his office without stating the suite.’’
The hearing of Oyeleye’s case was delayed by the relocation of the Ojokoro Magistrates’ courts to Ikeja. The situation led to the adjournment of the next hearing to October 15, this year, at Ikeja Magistrates’ Court 3.
Last week was doomsday for another fake lawyer, Olawale Falola. He was nabbed by the Oyo State Police Command during a stop-and-search in Ibadan.
SUNDAY PUNCH learnt that the police had stopped him after seeing a sticker belonging to the NBA on his windscreen. But he was unable to convincingly prove his claim of being a lawyer.
Falola, in his confessional statement, claimed to be a drop-out of a university in Osun State, adding that he had deceived over 100 people with his fake status.
He said, “I paraded myself as a lawyer and I have taken money from more than 100 people. I promised to get jobs for them at the Nigerian National Petroleum Corporation and other security organisations. I have made up to N4m from the practice out of which I bought a Toyota Corolla car. I lived in Osogbo. I came to Ibadan to visit my family when I was arrested by the police.”
The car, valued at N2m, has a number plate, FST 298 AY. Also, he said he made N6m from his victims who wanted the NNPC jobs.
The Commissioner of Police in the state, Leye Oyebade, said apart from impounding the suspect’s car, the police would charge him to court upon the conclusion of investigations into his activities.
A regulatory body’s headache
The situation has become a worry to the Nigerian Bar Association. The Chief Justice of Nigeria, Justice Mahmud Mohammed, said this during the launch of ‘Stamp for Lawyers’ produced by the association. The stamp was designed to indentify genuine lawyers.
Mohammed identified the inability to distinguish between a ‘real’ and ‘fake’ lawyers as one of the major challenges facing judges.
He said, “Indeed, judges find it difficult to identify which counsel, appearing before them, is genuine or otherwise. Of even greater concern is the fact that members of the public are often left in a quandary over who they can place their trust, property and even lives in. We must not forget that the credibility of the Bar has a direct impact on respect for the rule of law and the independence of the courts. This is why it is our collective responsibility to ensure that the stamp is used as a veritable means of authenticating a qualified legal practitioner and the documents emanating from him.’’
The CJN further said he was of the belief that the stamp would, if properly used, become a hallmark of a firm’s work and a way for prospective clients to better identify their counsel.
“Thus, having an innovation, which may bestow a ‘stamp’ of integrity and respect, is indeed welcome. These innovations will soon include the electronic service of hearing notices from the Supreme Court and more secure inter-and intra-communications platforms between the courts
and legal practitioners. Indeed, the significance of this
event is underpinned by the provision of Rule 10 (1) of the Rules of Professional Conduct for Legal Practitioners 2007, ’’ he stated.
According to him, this rule mandates that a lawyer acting in his or her capacity as a legal practitioner, legal officer or adviser of any government department or corporation shall not sign or file a legal document unless his stamp and seal are affixed on any of such document.
The CJN’s fears were real considering how some foreigners also pretend to be lawyers. A 74-year-old Ghanaian, Keinde Dodo, also paraded himself for 15 years as a lawyer and represented litigants in Nigerian courts before he was arrested in 2012.
His offence earned him five years imprisonment when he was tried at an Igbosere Magistrates’ Court.
The charges were conspiracy, forgery, stealing, escape from lawful custody and falsely representing litigants.
Magistrate O.O. Martins did not give Dodo an option of fine but sentenced him to one-year jail on each count with hard labour. The sentences ran concurrently. Martins noted that Dodo pleaded guilty to the five-count charge on arraignment with evidence before the court revealing that he committed the crimes.
Who should practise?
A Professor of International Law, Agu Gab Agu, stated that a person must be called to the Nigerian Bar after a successful course of study at the Nigerian Law School, and enrolled at the Supreme Court of Nigeria, as solicitor and advocate of the Supreme Court before being called a lawyer.
He added that some people with some knowledge of law, usually drop outs, from law faculties or those who could not pass the qualifying examination at the Law School or those who had worked in courts or law chambers, often impersonate as attorneys.
Agu said, ‘‘Whatever the orientation or motivation, practising as a lawyer illegally is a fraud and a scam and supposed to be punished. Graduate lawyers, who have not been called to the Nigerian Bar as solicitors of the Supreme Court which is attained having passed through Nigerian Law School (council of legal education), but just with university degree cannot represent persons as counsel in court.’’
On his part, a popular Lagos-based lawyer, Jiti Ogunye, noted that the Legal Practitioners Act, Cap L 11, Volume 8, Laws of the Federation of Nigeria, 2004, governs the right to practise law in Nigeria.
He stated that to be eligible to practise as a barrister and solicitor of the Supreme Court of Nigeria, a person must have his name on the “Roll of Legal Practitioners,” kept by the Registrar of the Supreme Court of Nigeria.
Ogunye said, ‘‘Under Section 4, to be on the roll, a person must have been called to the Bar. There are other categories of persons whose names could be on the roll, who have not been called to the Bar in Nigeria, but in other jurisdictions, who could be registered on the roll. To be entitled to be called to the Bar, a person, Nigerian or non- Nigerian, must produce a qualifying certificate from the Nigerian Law School to the Body of Benchers, who has the statutory functions of admitting aspirants to the Bar, and the person must satisfy the Benchers that he is of good character.’’
The lawyer added that the rise in the number of lawyers across the country was one of the reasons lawyers cannot know themselves.
He added, ‘‘The fact that lawyers practise all over the country, upon enrollment, and not just in a state of the federation, it is difficult for lawyers to know themselves, unlike in the 60s.
“So, once a man wears a black suit and exhibits a lawyer’s mannerisms, he may pass off as a lawyer. Also, we do not display our licence or certificates of call to the Bar or Certificate of Enrollment whenever we go to the court. Three, there is no central registry of lawyers in Nigeria that is ICT-driven.’’
It remains to be seen whether the use of a stamp would deter fake lawyers from the trade.
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