LAWYERS4CHANGE

Saturday, May 30, 2009

TERRIBLE! LAWYER DUPES OCTOGENARIAN?





The prologue of this story is before you now. The epilogue is yet to be written, but certainly it will be.
The protagonist is an 80 year old pensioner. His name is Ishola Adams. The antagonist is may be half the age of Pa Ishola Adams but he is a learned gentleman. His name is Lucas A. Bamikole.
However as far as the protagonist is concerned, Bamikole may be learned but certainly he is not a gentleman and is not honourable.
You may want to know why Pa Adams came to such a conclusion. The answer is not far fetched-close to a year now, the old man had engaged the lawyer to levy execution on some former tenants of his, in his property, but the work till date is yet to be carried out.
Since the time of his engagement, Barrister Bamikole has been giving one excuse after the other, to explain away why he is yet to carry out his own side of the bargain, despite being fully paid.
In February 2009, Pa Adams sent in a petition to Squib against Bamikole. When in the same February 2009, the Squib contacted Bamikole on phone over the issue, the lawyer told the magazine that he was in Ekiti State. According to Bamikole he went to Ekiti State to get proper medical attention for his ill-health which started “some weeks ago”. He assured the magazine that by the 25th of March, he would get the execution done once he was on his feet.
In mid-march 2009 when the Squib called him for the second time, Bamikole told this magazine that his health had greatly improved and that by the March 25 2009, the execution will “surely” be levied.
In mid-April 2009 when we placed another call to him, Bamikole told the Squib that he had just been unfortunate to have been involved in a motor car accident on his way back to Lagos, forcing him back to Ekiti State. Nonetheless the lawyer promised that by the 28th of April 2009 he would be back in Lagos to carry out the execution. Curiously the lawyer added a caveat-the Squib should remonstrate with Pa Adams to provide at least fifteen out of the thirty padlocks to secure the property after execution might have been levied. April 28 2009 came and went but there was no trace of Barrister Bamikole (called to the bar, May 2001) in Lagos and the execution was not done.
On may 7 2009, the Squib again reached out to Bamikole via the phone, enquiring from him why he has not levied execution on the 28th April 2009 as he had promised. Bamikole's response was to the effect that the combined factors of political unrest in Ekiti State and fuel scarcity, had marooned him in Ekiti State. He did not forget to ask whether the Squib had succeeded in making Pa Adams buy the 15 padlocks he asked for-as if such a purchase was a pre-requisite for his carrying out the execution assignment. Bamikole ended the conversation by assuring the Squib that come Friday 15th May 2009, he would, 'padlocks or no padlocks' carry out the execution.
Is Barrister Lucas Ayodele Bamikole a “Promise and fail” lawyer or even worse still, a fraudulent legal practitioner or is this really a case of an impatient, insensitive client unduly harassing his counsel?
Dear readers will be the judge in this case. To assist in your findings, we publish the petition of Pa Ishola Adams to the Squib as well as some of the messages SMS and letters of the counsel to Pa Adams.
And we should not forget that 15th May 2009 is just around the corner. If that day should pass again without Barrister Bamikole fulfilling his bargain, with Pa Adams, then we will know for sure that he is actually what the petitioner calls him.


Alhaji Ishola Adams
(Compliant)
Plot 208, Ajuwon Akute Road,
Ogun State.
9th February 2009

The Editor,
Squib Magazine
c/o No. 197A, Ikorodu Road,
Palm Grove Bus Stop,
Palm Grove,
Lagos.

PERSONAL ATTENTION: BARRISTER ADESINA OGUNLANA

Dear Sir,

In Re: PETITION AGAINST A SUSPECT; FAKE AND ERRANT LAWYER, BARRISTER L. AYOBAMI BAMIKOLE IN RESPECT OF BRIEFS GIVEN TO HIM BY ME ON VARIOUS DATES PARTICULARLY SUIT NO. M/190/2006 INVOLVING MY PROPERTY AT N0.34, ISAALE AGBEDE STREET, LAGOS ON THE COURT RULING GIVEN ON THE 2ND MAY 2006 BEFORE HON, JUSTICE OYEBANJI A.A (MRS).
I am rather constrained to report this incident of professioan (sic) misconduct against the above named Lawyer Barrister L. Ayobami Bamikole who has a law chamber (sic) at suite 5/6 left wing BETEL PLAZA at lle-lse Bus Stop along main Akute road besides FORTUNELAND SCHOOL along main Akute Road, Ogun State.
Regrettably, it would appear he has vacated his office since December 2008 and his where about is unknown. This is a privileged information to enable you realize the seriousness of this matter. A number of his client are looking for him to no avail and no notice of relocation from him to this effect.
To be precise about July, 2008 I personal approached him with the ultimate intention of patronizing him as a young Lawyer staying very close to my neighborhood. So that he could be of personal assistance to me in some pending legal matters of suits for resolution and I was willing to pay him his professional fees accordingly.
For a start, I requested him to write three letters on my behalf to an illegal squatter on my land at Aguda, and another delinquent Tenant, Mr. Kabiru Adeyemi Disu including the Deputy Inspector General of Police (DIP) force criminal investigation Department, (Special Fraud Unit) No 13 Milverton Road, Ikoyi Lagos on the subject matter of non - refund of Tax deductions from Railway pensioners involving N5 million naira and some other. He was paid N5,000 (five thousand naira) each on three different occasions making a total of N15,000 (fifteen thousand naira)only, and were cash receipted by Barrister Bamikole related photocopies already forwarded to you.
In regard to the letter written to (DIG) the purported cash receipts from (IFEX EXPRESS LTD) were suspected to have been mutilated. This is suspect and sinister, up till now there had been no responses from any of the addresses. When I demanded from him why this was so, he has me for more money particularly that the investigation at (DIG'S) office demanded N20,000 (twenty thousand naira) from him to pursue further the conduct the investigation this also lapsed.
Secondly, another separate brief was give him to help me in leving (sic) the execution of the court ruling and he demanded from me the sum of N50,000 (fifty thousand naira only) that is N20,000 (twenty thousand naira) at the first instance and another N30,000 (thirty thousand naira) respectively. In very close sequence, within two weeks, he said this was because of the seriousness of the matter. Since then, he has been giving me series of excuses through his letters and text messages to me giving all sort of excuses for not being able to execute this assignment that has been paid for as his professional fees.
On the whole, he had colleted from me the total sum of N65,000 (Sixty Five thousand naira only) for services not rendered. If wish to indicate that I am no longer interested in his services to me but to arrange the refund of the said total amount of N65,000 (sixty five thousand naira) only and decided to drop the issue. This is my demand, but if your magazine still wish to pursue this matter, all well and good on ethical and professional angles. At 80 years old. I can not afford the attendant stress associated with this let down from this Duper or 419 Barrister Lawyer.
Thanks you for your co-operation. Hope to hear from you soonest

Yours faithfully,



N/B all related photocopies of correspondences from him are already in
your possession. Including the recent messages sent to me.



HAND WRITTEN LETTER FROM BARRISTER BAMIKOLE TO PA ISHOLA ADAMS ON 25-07-08
Daddy,
We are unable to do the execution yesterday because the mobile police officer we have book (sic) for went for a special assignment on a peace keeping mission in Ondo-State for 2 weeks, because of the judgement of the election petition tribunal sitting on the petition filed by Dr. Mimiko against Gov. Agagu. All the mobile police in all the 6 states in the western zone of Nigeria were deployed the local govt area in Ondo state, to forestall (sic) peace.
Sir, since the mission will last for 2 weeks it means that the execution can be done by Friday 8th August 2008 or there about. But one good thing here is that, all documents had been perfected on this except that the physical presence of the police is compulsory to monitor the execution exercise and safeguard those of us that will be present at the scene.
Sir, I gave your indulgence that you should not mind the slight shift on the date of the execution, as the delay is not caused by either me or the bailiff, but the police whose presence is inevitable. We assure you that, the execution will be done as soon as the police are available since all other arrangement had been completed Sir. Until will see sir.

HAND WRITTEN LETTER FROM BARRISTER BAMIKOLE TO PA ISHOLA ADAMS ON 17-09-08
Dear Alhaji,
I saw you note and having gone through the content, I have the following to tell you sir,
(a) There is no doubt that the execution exercise had been delayed beyond necessary bit this delay was not caused by either the lawyer handling it, or the bailiff or even the registrar of the court who had signed all the necessary paper since.
(b) The police that delayed the job was on special duty since and this was confirmed to us, even by the new commissioner of police Lagos state that he can not say when he will return to duty post in Lagos police command because he was on Federal Government assignment.
(c) The only option left to us now is to bring another #15,ooo to book for another officers who may not be mobile police but he assure us that they will do the job for us. He said we need to book again because he was not the one that sign (sic) the booking we do (sic) before and that we need to sign another document since we need another set of officers.
(d) I was now in agreement with the bailiff that we should find means of raising the money and go and book for another police before ending since we can not collect those we have spent to obtain the documents and the police.
(e) Although, you as the owner of the job who has paid as much as that will be waiting to see result, but I want you to know that, it is not that I collected money from you and spend it, for my own purpose. It is not my money, I have given it to those whose services we need it for.
(f) By ending of this month we agreed to go and book for another set of police to do the job for us. I can assure you that the work will be done, we only need like a month or 3 weeks to raise money and book, for and get the work done.
(g) I have not relent (sic) on my effort to see this execution carried out, but because I have not been coming to narrate the stories of how I have been moving on the assignment you thought I am not working on it.
(H) You mention that you will report me to NBA disciplinary committee, I don’t think it has got to that, because the work you gave me is not the one I will do in my office, it is a work that must be done by other set of people which I can not control.
(I) As a lawyer I have done my own part of the assignment by giving them money for the execution of the ruling. It is not even my duty to go and book for police. It is the work of the bailiff to apply for the necessary papers and police to safeguard themselves while doing the operation.
(J) Sir, since, it is not that I deliberately decided that I will not complete the assignment, I have started, I will still plead that you give me time, to do the work for you. The money collected can not be returned by this people. No NBA can tell them to return it. For example, can NBA tell Lagos State govt to refund the money collected to prepare and sign document for the bailiff or the police commissioner who had collected money and had been transferred out of Lagos. Pls hold on for me.

HAND WRITTEN LETTER FROM BARRISTER BAMIKOLE TO PA ISHOLA ADAMS ON 15-10-08
Daddy, I was in court this morning at Ikeja on a rent matter when I finish (sic) the matter, I deliberately decided to visit the bailiff section to confirm our trip to Isala Agbede on Friday. It was a surprise that the bailiff who said he will receive his salary last week to book, confirmed to me that he was paid yesterday from his bank. According to him he wanted to go and book for 2 police officer for the job at the commissioner’s office with the #15,000 as agreed when I moved in.
We went straight to the commissioner of Police, and we book (sic) for the 2 police officer (sic) that which will follow us to the house. One major problem which crop (sic) up because of this delay in booking was that, the renewal of all the documents already signed for the exercise has not been done. This made the bailiff to give the police a longer date 24-10-08 to allow him to complete his execution paper’s renewal before the execution proper actually take place.
When I disagree with him that we can not wait for another one week, the assignment he put up was near, he will never do a work that will send him to jail. He said that the work of a bailiff is different from the work of a lawyer. He made us to understand that he should get the old document for his new booking, it will be a good ground for the parties involved to fight back and it may put himself, the police officers, the lawyer and even the landlord into trouble that we have done illegal job. I told him that you are so much in hurry to see this execution done, but he said I should plead to you that this is just a period of one week that is added, and that we should please wait for him, he will complete his paper work before execution is carried out.
Sir, from his explanation and the reasons given we do not have option than to wait till 24-10-08, the booking is done in my present (sic) at the commissioner’s office, with that assurances, that date is certain for the execution. I do hope you will bear with us. This one week delay is for our own good. Do not allow that lawyer to have opportunity of fighting us back. We should not take chances, we need to do a perfect job sir.
Sir, on our propose trip to milverton at Ikoyi, I have looked at my time table for the week, I cannot be chance (sic). But it is possible next week between Wednesday and Thursday. If you still want us to go together, you may fixed (sic) any of this (sic) two days. But baba you will pay for my full day work on that day for because it will take a whole day from us and you know that time is money for lawyer. I am only joking but you will make your boy happy when we come back for abandoning his office for a whole day.
Finally sir, I passionately plea (sic) that you bear with me and my people, whether devil like it or not the execution is going to be done this October. We are your son, (sic) do not be annoyed with us. We have to follow the normal procedure sir. Lawyer.

EXTRACT OF SMS FROM LAWYER BAMIKOLE PHONE NO 23470589 ON THE 24TH OCTOBER 2008 AT ABOUT 23.31HRS AS FOLLOWS
Sir, Today we suppose to do that execution but the registrar herself stop it and shift it to 7th Nov 2008. Her reason for that was that you must be physically present at the scene of the execution and point to the house before bailiff (sic) do theirs. This became necessary because the numbering of house might have change (sic) since the court ruling was delivered over one year ago.
The above is to avoid costly mistake of sealing another man house.

SMS message sent in by Barr. Bamikole to Pa. Ishola Adams on 06-04-09 by 3:51pm
Baba I don’t know what is happening to your work. I was on my way to Lagos this morning and our tire puncture and we had a fatal accident after Ilesha. Thank God I sustain minor injury. All of us were taking to Westly hospital Ilesha. I know by Wednesday I would be discharged we have to do the work by Friday 10th of April. I have fix that day with the bailiff. Pls sir, help me arrange to buy some key with that man you have at that house at Isale Agbede and tell him to meet us by 7am that day with the keys. I have prepared to buy the key but this unexpected spend on my treatment will not permit me to do so. If you can start coming to Lagos by 6am you may still meet us there but it is not advisable you come so that they will allow us to do our work and go. Our plan is to leave the place by 8am latest so that they will not meet us there. Pls assist me on the key I am coming to Lagos because of the work pls call me by the evening.

SMS message sent in by Barr. Bamikole to Pa. Ishola Adams on 09-04-09 by 9:35pm
Baba the bailiff said tomorrow and Monday is Public Holiday. We can not do it, so we have postpone it to Wednesday next week. Pls arrange for more keys.

SMS message sent in by Barr. Bamikole to Pa. Ishola Adams on 16-04-09 by 4:43pm
Alhaji, since you refused to assist me on the padlock that we need for the execution despite the fact that I am prepare to do it now that I am a bit ok. I have gone back to Ekiti to look for small money to borrow to buy 20 padlock for the execution I hope to be back by Thursday next week so that we can do it by Friday morning. It will be meaningless to go and do the execution with only 5 padlocks that I can afford now to a house where we need 30 padlocks. I have informed the bailiff about this development and we fixed next Friday for the operation tentatively. I would call you by Friday morning 8am when we finish.

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