Innoson Vehicles has approached the Court of Appeal, Awka Division, Anambra State, to seek an order of the court disqualifying Wole Olanipekun, SAN, as a counsel to Guaranty Trust Bank Plc (GTB).
Innoson vehicles, in appeal no. CA/E/288/2013, said Olanipekun, as the Chairman of the Body of Benchers, compromises any court in Nigeria in which he appears in favour of his clients.
The company, in a motion on notice filed in the court by the counsel to Innoson, Prof. J.N. Mbadugha, SAN, of McCarthy Mbadugha & Co, prayed for an order of the Appeal Court to disqualify Olanipekun, “in his capacity as a legal practitioner or counsel from signing, filing, instituting or prosecuting Appeal No. CA/E/288/2013 between Guaranty Trust Bank Plc vs Innoson Nigeria Limited.”
Innoson Vehicles further sought the prayers of the court for an order setting aside all processes signed and filled by Olanipekun as counsel to GTB on the same appeal on the grounds that the processes are incompetent.
It equally sought an order striking out GTB motion on Notice, dated October 26, 2018, and prepared by Olanipekun, for want of competence, noting that he also signed an amended notice of appeal.
According to a statement issued on Tuesday by the Head of Corporate Communications, Innoson Group, Cornel Osigwe, the grounds upon which the motion was brought include “Wole Olanipekun & Co in its email published that:
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“Its ‘Chief Wole Olanipekun, SAN is currently the Chairman of the Body of Benchers, which is the highest ruling body in the Nigerian Legal Profession made up of the Supreme Court Judges, presiding Justices of the Court of Appeal and Chief Judges of the State High Court. In other words, Chief Wole Olanipekun, SAN OFR, is the head of the entire legal profession in Nigeria’;
“Presence of Chief Wole Olanipekun, SAN in the matter will significantly switch things in favor of the party that engaged him in the matter.
“Appearance or continued appearances of Chief Wole Olanipekun, SAN in this matter will jeopardize or imperil the integrity of this Honorable Court.
“The appearance or continued appearance of Chief Wole Olanipekun, SAN in this matter will compromise the integrity of the court or give the impression that the court is compromised and that no justice will be done by the court.
“The involvement of Chief Wole Olanipekun, SAN in this Appeal for GTB will create an appearance of impropriety or such a fashion that will imperil the Court’s- Court of Appeal- status of legitimacy to enable the legitimacy of the court- court of Appeal- need to be maintained.”
It would be recalled that Innoson Vehicles alleged that GTBank stole N560 Million from the company’s account, leading to Innoson commencing suit No. FHC/AWK/139/2012 against the bank at the Federal High Court sitting in Awka.
The court, however, delivered judgement in favor of Innoson Vehicles on May 16, 2013, in the sum of N4.7 billion with a 22% interest rate until it is fully paid.
GTBank appealed against the judgement in appeal no: CA/E/288/2013 at the Court of Appeal Enugu Division.
On December 9, 2014, the Appeal Court ordered the bank to pay the judgment debt which then stood at about N6 billion to the Deputy Registrar of the court for onward payment into an interest-yielding account.
Olanipekun was the counsel to GTB in the appeal at the Court of Appeal.
According to Innoson, an email sent on June 20, 2022, to SAIPEM SPA by Wole Olanipekun & Co, said: “It will also reveal that the presence of our lead partner, Chief Olanipekun SAN, OFR, in the matter will significantly switch things in favor of SAIPEM. Chief Olanipekun SAN, OFR is currently the Chairman of the Body of Benchers which is the highest legal body in the Nigerian Legal Profession, made of the Supreme Court Judges, presiding Justices of the Court of Appeal, and Chief Judges of the State High Courts, including the Rivers State High Court. In order words, Chief Olanipekun SAN OFR is the head of the entire legal profession in Nigeria. Wole Olanipekun & Co. has also helped other multinationals, such as in the famous cases of MTN tax dispute, Shell Petroleum, Equinor (former Statoil) dispute, etc., avoid huge payouts in more complexes, sensitive and highly-political matters.”
The company, however, noted that the claim made to SAIPEM SPA by Wole Olanipekun & Co generated a huge outcry and condemnation making the Chairman/CEO of Innoson Vehicles approach the court to pray for an order of the court to disqualify Olanipekun as counsel to GTB.
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