‘A Lawyer Must Be Above Suspicion’
My name is Babatunde Lot Ogungbamila. I am a Partner, and Head of Litigation at Olisa Agbakoba Legal. I am a graduate of the University of Lagos. I was called to the Bar in May, 2002. I obtained my LLM in Petroleum Taxation and Finance from the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) University of Dundee, Scotland, United Kingdom. I am a member of several professional associations, and a registered capital market consultant, with the Securities and Exchange Commission. A former President of the University of Lagos Students’ Union, and former Personal Assistant and Legal Adviser to the Lagos State Commissioner of Environment, Honourable Tunji Bello. I combine top level corporate commercial practice, with Litigation and Alternative Dispute Resolution (ADR). I have published many papers in International Journals including the Oil, Gas and Energy Law Journal (OGEL) that published my masters thesis, which focused on options in increasing the bankability of project financing transit pipelines in the face of the risk of obsolescing bargain. I am married to Oluwafunmilola Ogungbamila and we have three sons. My other interests are sports, especially football.
Have you had any challenges in your career as a Lawyer and if so, what were the main challenges?
Law is full of challenges. I have encountered several challenges, particularly when it comes to conceptualising a strategy for a complex matter. One that readily comes to mind, is a recovery matter. A recalcitrant debtor, who was indebted to our client to the tune of N16 billion, quickly rushed to court to file a preemptive action to frustrate our client's recovery efforts. He filed numerous actions both at the Lagos State High Court and the Federal High Court Lagos. His strategy was to get us entangled in a legal web which he deliberately created, to make recovery difficult. We discovered that a number of creditors had been held in the legal web for more than 7 years, without a way out. Yet, the debtor was gallivanting all over the world enjoying his life. I was part of the team led by Dr Olisa Agbakoba, SAN, that designed a legal strategy to escape the legal web and recover the debt. Up till today, some of the other creditors are still in court trying to extricate themselves from the legal web, 3 years after we recovered our client's funds from the debtor.
What was your worst day as a Lawyer? The day the Supreme Court struck out Attorney-General of the Federation v AttorneyGeneral of Lagos State. We represented AttorneyGeneral of the Federation, who filed an action to challenge the right of Lagos State to require those assigned Federal Lands in Lagos to obtain Lagos State Governor's consent, before the State can approve their building plans. The Supreme Court held that it lacked jurisdiction to entertain the matter, because the Federation had divested its interests in the land to a third party. I feel strongly that, if the Supreme Court had taken into consideration the fact that the Land Use Act only confers leasehold interest, it would not have declined jurisdiction, because the Federation was challenging Lagos State interference with its power of control and management over Federal lands within the territory of the State.
What has been your most memorable experience as a Lawyer?
When we successfully defended and dismissed a claim of N300 Million damages, filed against our client. It was memorable because, losing the case would have impacted negatively on our professional competence. The client acted pursuant to our advice, and was subsequently, sued for the action. If the action had succeeded, that would have meant that we had advised the client wrongly. But as usual, we got it right. It was a very tense moment, listening to the Court read its judgement.
Who has been most influential in your life?
My father, Mr. Elipheus Itunuoluwa Ogungbamila, has been the most influential person in my life. He taught me the rudiments of life and the need to be honest in all my dealings. Professionally, Mr. Tunji Bello and Sam Ogungbamila, were also of great influence. Mr. Bello taught me politics and economics of life. Sam taught me law. Tope Adebayo taught me tenacity of purpose. Dr Olisa Agbakoba, SAN, taught me the business aspect of law, and how to maintain the delicate balance between law as a means of livelihood, and as an instrument to help the oppressed.
Why did you become a Lawyer? I became a lawyer to protect my family. It sounds funny. But I decided to study law in 1977, when I was barely 7 years old. We came back home from school one fateful day and met my mother's building in ruins. It had been demolished by Lagos State Government. The official reason for the demolition was to make room for a proposed road, but in actual fact, it was to avoid the demolition of the house of an influential person in that community. The demolition of 9 houses belonging to my uncle, Chief Zillon Aruwayoat Maroko without compensation, was another motivating factor in my choice of law as a career.
What would your advice be to anyone wanting a career in law?
A certificate in law, is awarded both in learning and character. Anyone wanting a career in law, must be an honest person. A lawyer, like Caesar's wife, must be above suspicion. Law is unlike Philosophy, where you question your own existence. Law has a standard. A lawyer must not lie, for he lives to give direction to his people and society. An aspiring lawyer must not only work hard, he must also work smart.
If you had not become a Lawyer, what career would you have chosen?
I would have opted for a career in sports, particularly football. Perhaps, a career in journalism, would also have been an option.
Where do you see yourself in ten years? I would have reached the pinnacle of my career in law, in ten years. I should be on my own highest level of Maslow’s hierarchy of needs, self- actualisation, serving and giving back to the society.