Osun legislator challenges court ruling preventing him from providing free legal assistance

Kanmi Ajibola, a representative for Oriade State Constituency in the Osun State House of Assembly, has challenged a ruling from the Federal High Court located in Osogbo that prevented him from appearing in court to provide pro bono legal representation to poor people accused of crimes.

In lawsuit No. FHC/OS/CS/42/2023, attorney Kanmi—a former chairman of the Nigerian Bar Association (NBA), Ilesa Branch—asked the court for authorization to continue representing clients pro bono while holding the position of assemblyman.

Justice Nathaniel Ayo-Emmanuel dismissed the lawsuit, stating that the legislator’s proposal violated the 1999 Constitution, which forbids public employees from participating in self-serving ventures.

Ajibola filed seven grounds of appeal at the Court of Appeal, Akure, citing his dissatisfaction with the ruling of the lower court.

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He contended that the judge had made a legal error by focusing solely on one aspect of the case and failing to give careful consideration to other relevant facts.

In his notice of appeal, the activist lawmaker contended that the pro gratis work he has been doing since 2000 is a duty serving the public interest rather than being a personal interest or a private company, trade, or career meant to generate income.

He stated that he filed the lawsuit because he was receiving threats every time he attempted to represent people who had made up criminal cases but lacked the funds to retain attorneys to represent them in court.

The Attorney-General of the Federation and the Attorney-General of Osun State, the two respondents in the lawsuit, he claims, did not dispute this fact.

Ajibola said the lower court ignored paragraph 18 of the affidavit supporting his original summons, which mentioned the roles the Prisoners Aid Initiative, a non-governmental organisation (NGO) he registered in 2008, has been playing and how several prisoners have benefited from his free legal services. He noted that the lower court misinterpreted and misapplied the provisions of paragraphs 1, 2 (a) and (b) of the Fifth Schedule, Part 1 of the 1999 Constitution in his case.

Ajibola told the court that he was utilising the same NGO to help the government with jail decongestion in addition to using this platform to secure the release of other innocent people who were facing false accusations across the nation.