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PRESS RELEASE
Text of the complaint by the Labour Party’s National Publicity Secretary, Obiora Ifoh on behalf of the party against a legal practitioner, Monday Mawah for a malicious damage of the party’s image through spreading of falsehood using various mass media forum.
The Chairman,
Legal Practitioners Disciplinary Committee
Plot 688, Institution and Research District, FCC Phase III
Abuja
Dear Sir,
COMPLAINT AGAINST MONDAY MAWAH GROSS PROFESSIONAL MISCONDUCT VIOLATIVE OF PART IV AND V OF THE RULES OF PROFESSIONAL CONDUCT 2023 AMOUNTING IN LAW TO INFAMOUS CONDUCT AND CONDUCT UNBECOMING OF A LEGAL PRACTITIONER.
STATEMENT OF FACTS
Sir, it is indeed with great trepidation that we write given that this is a season of politicking and political turmoil where even otherwise profoundly discreet, prudent and circumspect people nurse no compunction or reservation about casting their pearls before swine.
We are in a democracy and stringent opposition to our party’s candidates’ emergence is expected. We have not been left disappointed even if we have been a little surprised by the nature and provenance of these attacks.
We are however surprised and taken aback that a member of the revered legal profession has thrown caution to the winds and has embarked on a voyage spread false news to bring both the bar and the bench to opprobrium.
On 24th August 2023, while the Court of Appeal sitting in Abuja was delivering its judgments in Appeal Numbers CA/OW/CS/200/2023 and CA/OW/CS/201/2023, to wit: Sir Basil Maduka v Labour Party & 2 Ors and Labour Party v Sir Basil Maduka & 2 Ors, respectively, one Mr. Monday Mawah, a legal Practitioner, of Templum Solicitors of 84 Obafemi Awolowo Avenue, Abeokuta, Ogun State with Abuja address as Suite 87, 3rd Floor, Trinity House, Mabushi, Abuja, who is not a counsel in the matter and was not in court when the judgments were delivered, went on air on Channels Television and falsely, maliciously and with intent to deceive, confirmed to the whole world that the decision of the Court of Appeal in the 2 appeals was that the purported Lamidi Apapa- led faction of the Labour Party was declared as the authentic leadership of the Labour Party and that the Court had ordered that the names of candidates that emerged as winners in the purported primary election conducted by the Lamidi Apapa-faction be forwarded to INEC to be imputed as the Candidates of the Labour Party for the 2023 Gubernatorial elections fixed for later in the year.
The said Mr. Monday Mawah falsely stated in the interview that the Court of Appeal had upheld the decision of the trial court, which the court never did. The televised broadcast can be viewed on https://fb.watch/mD8KY7oRW8/?mibextid=v7YzmG.
This utter falsehood as openly stated on live television by the said Mr. Monday Mawah was contrary to the decisions of the Honourable Court in its judgments in the appeals. In the Basil Maduka’s appeal, the Court of Appeal sitting in Abuja dismissed the appeal simplicita and held that the Appellant had no locus standi to institute the proceedings.
In the Labour Party’s appeal, the Court held that the appeal was not necessary as the decision of the trial court was in its favour and that the mere comments of the trial judge in its judgement did not consist an appealable decision and should be discountenanced.
In none of the 2 appeals did the Honourable Court proclaim the Orders that the said Mr. Monday Mawa had gone to town with and had impetuously proclaimed on live television to the whole world.
Sir, it is quite unbecoming that a lawyer of Monday Mawah’s apparent ripe years at the bar should be allowed to continue to practice as a legal practitioner in Nigeria after putting out such riotous lies, which has now had the far-reaching ripple effect of painting the judiciary as a confused institution.
By his conduct, Mr. Monday Mawah contravened Part IV and V of the Rules of Professional Conduct which deals with a Lawyer’s Relations with the court and improper attraction of business.
Prayer:
We call on the Committee to immediately commence the process of disciplining Mr. Monday Mawah for infamous conduct infringing on the provisions of the Rules of Professional Conduct, to wit; Part V( Relations with Court) and Part IV (Improper attraction of business), especially Rules 31( Duty of lawyer to court and conduct in court); 32 (candid and fair dealing), 33 (trial publicity), 39 (Advertising and soliciting) and 47 (Instigating controversy and litigation).
Lawyers like Mr. Monday Mawah pose a grave threat to the bar and the bench in a society of impressionable and gullible laymen like Nigeria. He should be disciplined lest innocent Nigerians begin to take his words with more than a pinch of salt.
Yours faithfully,
Obiora Ifoh
National Publicity Secretary
LABOUR PARTY
29-08-2023
