The Osogbo Division of the Federal High Court, presided over by Justice Nathaniel Ayo-Emmanuel, has struck out the suit filed by Kanmi Ajibola, who asked to be allowed to continue appearing to defend clients after becoming a lawmaker.
In the suit, No. FHC/OS/CS/42/2023, Mr Ajibola, now a member of the Osun House of Assembly, sought to be allowed to continue defending clients (pro bono) while he remains a lawmaker and public servant.
In his ruling on Thursday, the judge said it was against the 1999 Constitution of the Federal Republic of Nigeria (as amended) for public servants to engage in self-serving activities or businesses which would earn them income.
He said that although Mr Ajibola stated in his application that he would render pro bono services in criminal cases involving the indigent, the law did not allow him to perform these services outside his public office.
Mr Ayo-Emmanuel said the lawmaker, in the affidavit attached to his application, stated that an opposing counsel told him in 2023 that after his swearing-in as a lawmaker, he (the opposing counsel) would stop him from practising.
He maintained that Mr Ajibola’s claim was inconsequential in the face of the constitution.
Although the lawmaker appreciated the court’s decision, he vowed to appeal the case.
Mr Ajibola, a lawyer, became the lawmaker representing the Oriade constituency on the platform of the Peoples Democratic Party (PDP) during the 2023 general elections.
(NAN)