Ekiti AG, Fapohunda, SAN Submits Application To Advisory Council On Prerogative Of Mercy On Behalf Of 21 Year Old Armed Robbery Convict

The Attorney General and Commissioner of Justice of Ekiti State, Olawale Fapohunda, SAN has written and submitted an application for prerogative of mercy to be exercised by the advisory council on prerogative mercy on behalf of a 21year old armed robbery convict.

In a statement by the office of the Attorney General sighted by The Lawyer, the basis of his application is the unprofessional manner in which the convict’s lawyer handled the case during trial.

According to the AG; “While the decision of the trial judge cannot be reasonably faulted, I do not believe that his lawyer acted appropriately in his interest. As the lead prosecuting counsel in this case, I am convinced that he is entitled to a claim of professional misconduct against his lawyer. His lawyer failed to perform in a reasonably competent manner and his performance prejudiced the applicant”

Mr. Fapohunda further noted that such extent of improper representation and unprofessionalism displayed by the defendant’s counsel is a gross violation of the defendant’s right to fair hearing provided by Section 36 (1) of the constitution. “This in my view is a gross violation of the Right to Fair Hearing as provided for by Section 36 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The Right to Fair Hearing includes the right to effective legal representation by lawyers and applies to all lawyers whether state appointed or retained by the defendant. While a defence lawyer is entitled to conduct his case in any manner that he deems appropriate, I do not believe that this discretion extends to instances where his approach is manifestly and shockingly unprofessional

I am considering a review of the Ekiti State Administration of Criminal Justice Law to include a provision on ineffective legal representation or bad lawyering. Criminal defendants should be entitled to reprieve in cases where the defence lawyers performance was deficient and occasioned serious errors that prejudiced the defendant.”