A Nigerian lawyer, Ikemefuna Stephen Nwoye Esq. (“Mr. Nwoye”) has filed an action at the High Court of Lagos State, Lagos Judicial Division, against his former employers, the law firm of Aluko & Oyebode, one of Nigeria’s top tier Law Firms – Suit No: LD/12066MFHR/2021 – Ikemefuna Stephen Nwoye v. Messrs Aluko & Oyebode. Other Respondents are Mr. Gbenga Oyebode, Mr. Mark Mordi and Mr. Hamid Tosin Abdulkareem.

Mr. Nwoye stated that he was engaged by the Firm of Aluko & Oyebode in 2011 as a youth corp member. He worked with them for a few years before resigning. He alleged that he suffered some maltreatment in the firm which ultimately led to his exit.

Subsequently, the irreconcilable differences led to the filing of some cases – litigation, regulatory investigation and disciplinary proceedings. Incidentally, there have been several attempts at amicable settlement which failed.

WhatsApp Group chats interception

In a recent fundamental rights action filed by Mr. Nwoye, he alleged that on 16 August 2021, he was served with some documents – an originating application dated 14 May 2021 – submitted to the Nigerian Legal Practitioners Disciplinary Committee (LPDC) by the Firm of Aluko & Oyebode against him.

In the LPDC petition, it was alleged that the Firm of Aluko & Oyebode, through Mr. Hamid Tosin Abdulkareem, stated as follows:

37. The Respondent did not stop there in a WhatsApp Chat Forum which he shares with his classmates who are also lawyers, the Respondent continued his unprofessional conduct. After he had reported the ruling of the Federal High Court in Suit No. 748, a member of the forum wrote as follows, “Also is the law firm incorporated as a company or it is a partnership? If it is the latter, can it be wound up and/or subjected to the provisions of the CAMA?” In response to this, the Respondent wrote, ‘in this case a law firm (i.e., the Applicants) is being used as an instrument of fraud, fake monthly pay slips where (sic) issued claiming that PAYE taxes have been remitted.

Mr. Abdulkareem is a more senior member of the Bar having been called earlier than 2010/2011. It is however not clear whether Mr. Abdulkareem is a member of the Nigerian Law School (Lagos campus) Class of 2010/2011 WhatsApp Group in any other capacity. Otherwise, there is yet no indication on how he came about the chats, not being a member of that Class. Apparently, perhaps a member of that Class, by an act of condemnable indiscretion, leaked the private chats of his colleagues in the WhatsApp Group to third parties.

Now, in the fundamental rights suit by Mr. Nwoye, he is claiming reliefs which are connected to the alleged interception of WhatsApp group chats and other issues as follows:

1. A DECLARATION that the 1st Respondent through its agents the 2nd, 3rd and 4th Respondents harassed, threatened, battered and intercepted electronic private correspondence (WhatsApp and SMS messages) and interfered with the right of association of the Applicant thereby breaching the Applicant’s right of dignity of human person, right to privacy, right to expression and right to association guaranteed by Sections 34, 37, 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 5, 6, 9 and 10 of the African Charter on Human And People’s Rights Act.

2. A DECLARATION that the 1st Respondent through its agents, privies, collaborators and cohorts posing as officials of the Obalende Local Council Development Authority (LCDA) of Lagos State did unlawfully detain, harassed, vandalized the car and extorted NGN10,000 (Ten Thousand Naira) from the Applicant thereby breaching the Applicant’s right to personal liberty and right to movement guaranteed by Sections 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 6 and 12 of the African Charter on Human and People’s Rights Act.

3. A DECLARATION that the 2nd Respondent acting for the 1st Respondent harassed, threatened and intimidated the Applicant and without lawful authorisation subject the Applicant’s property to search without a lawful warrant during meetings held at the Georges Hotel, Ikoyi in 2019, thereby breaching the Applicant’s right to dignity of human person and right to personal liberty guaranteed by Sections 34 and 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 5 and 6 of the African Charter on Human And People’s Rights Act.

4. A DECLARATION that the 3rd Respondent battered, harassed and placed the Applicant in constant fear of further battery and bodily harm during his employment with the 1st Respondent by his action of attacking (‘hitting’) the Applicant from behind with a hardcover textbook pulled out from one of the books stacked on the librarian’s desk thereby breaching the Applicant’s right to dignity of human person guaranteed by Sections 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 5 and 6 of the African Charter on Human And People’s Rights Act.

5. A DECLARATION that the 4th Respondent intercepted electronic private correspondence (WhatsApp and SMS messages) and interfered with the rights of thoughts and conscience; expression and association of the Applicant and other members of the Nigerian Law School, Class of 2010/2011 WhatsApp Group, when he unlawful obtained privately exchanged WhatsApp messages and used them for various unauthorised purposes including for purposes of submission of an Originating Complaint to the Nigerian Legal Practitioners Disciplinary Committee thereby breaching the Applicants right to private life, right to freedom of thought and conscience, right to expression and right to association guaranteed by Sections 34, 37, 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 5, 6, 9 and 10 of the African Charter on Human And People’s Rights Act.

6. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st , 2nd , 3rd and 4th Respondents, their officers, privies, agents, collaborators and cohorts by themselves or through any person(s) whomsoever from interfering with, interrupting, obstructing and or taking any action capable of breaching or meddling with the Applicant’s right dignity of human person, right to liberty, right to privacy, right to freedom of thought and conscience; right to freedom of expression and right to association and other fundamental human rights in any way whatsoever.

7. AN ORDER for NGN100,000,000. 00 (One Hundred Million Naira) only as general damages in favour of the Applicant against the 1st, 2nd, 3rd, and 4th Respondents, jointly and severally, for the various breaches of the Applicant’s Fundamental Rights.

8. AN ORDER for NGN10,000,000.00 (Ten Million Naira only) being costs of this litigation.

Aluko & Oyebode as well as other Respondents are expected to file their defence to the suit. It is left for the Court to decide the issues of law posed in the case after hearing both sides.

Meanwhile, the rest of us may keep pondering on the reason the issues between Mr. Nwoye and his former employers could not have been amicably resolved all these years.

Lawyers suing law firms where they once worked is not common in Nigeria. This is not because events that justify such suits are not happening. But because many lawyers (especially young lawyers) are trained to let go or naturally give up any claims because the stakes are often too high for an upcoming legal practitioner.

We have heard cases of sexual harassment in law firms, employment under unfavourable working conditions and under terms amounting to unconscionable bargains.

Being a profession of closed circuit connection, there may be more to lose than to gain when a practising lawyer (especially a young lawyer) fights for his or her rights. However, that may not always be the case.