MUYIWA ADEJOBI: LAWYER DESCRIBES VISA BAN REQUEST AS UNCONSTITUTIONAL AND PROFESSIONAL MISCONDUCT

In response to the letter dated 4th February 2025, addressed to the embassies of the US, UK, Canada, and EU in Nigeria, seeking a visa ban against ACP Olumuyiwa Adejobi, the Public Relations Officer of the Nigeria Police Force (Force PRO), I find it necessary, as a public interest lawyer, to express my legal perspective on this matter. The letter, authored by my learned brother, Deji Adeyanju, Esq., has been widely circulated on social media.

Violation of Professional Conduct

The request for a visa ban against the Force PRO and his immediate family—based on unproven allegations of human rights abuses—violates due process and amounts to professional misconduct. Without a duly constituted panel of inquiry or a competent court ruling, this action undermines the ethics of the legal profession and contravenes the Rules of Professional Conduct for Legal Practitioners, 2023, specifically:

Rule 1 – A lawyer must uphold the rule of law, promote justice, and maintain high professional standards. Circumventing legal institutions and seeking punitive measures through foreign diplomatic channels is inconsistent with these principles.

Rule 33 – A lawyer involved in a criminal or civil matter must not make extra-judicial statements that could prejudice a fair trial. The visa ban request imposes penalties without due process, effectively making an advocate act as a judge—a notion that is both unlawful and absurd.

Constitutional Violations

The 1999 Constitution of the Federal Republic of Nigeria (as amended) protects fundamental rights, which the actions of Deji Adeyanju, Esq., have disregarded:

Section 36(1) & (5) – Guarantees the right to a fair hearing and the presumption of innocence until proven guilty by a court of competent jurisdiction. Seeking punitive action without granting the accused a chance to defend themselves violates the principle of “audi alteram partem” (let the other side be heard).

Section 34(1) – Protects human dignity. Making derogatory and unsubstantiated allegations against the Force PRO without legal proof is not only unethical but also unconstitutional.

This response is not an attack on free speech but a legal stand against misinformation, unproven allegations, and actions that undermine the rule of law. It is troubling that a lawyer would act as a self-appointed judge, bypass legal processes, and call for punitive actions against a Nigerian citizen without a fair hearing. Such conduct is malicious and tarnishes the integrity of the legal profession.

I, therefore, call on legal luminaries and leaders of the profession to intervene and ensure that professional ethics and the rule of law are upheld. We must protect the integrity of our noble profession and resist actions that could erode public trust in the legal system.

E-signed

Dr. Ganiyu Yahaya, Esq., MCIArb (UK)

Dated: 13th February 2025