A legal dispute is brewing in Ekiti State following a formal warning letter issued by the Ekiti State Local Government Service Commission to Ayobami Tosin Durodola Esq., a legal practitioner based in Ado-Ekiti. The Commission, acting on behalf of the Ikere Local Government Council, has accused the lawyer of committing multiple legal and ethical violations in his recent representation of Mr. Adeolu Oyebode of Ikere Ekiti.
In the letter dated 2nd July, 2025, the Commission acknowledged receipt of Mr. Durodola’s earlier letter dated 27th June 2025, which sought financial and administrative information about the Ikere Local Government. The Commission noted that the request was made on behalf of Mr. Adeolu Oyebode and was glad that such public accountability was being sought. However, they quickly pointed out what they described as “legal deficiencies” in Mr. Durodola’s mode of representation and the authority under which it was carried out.
According to the Commission, the use of the Nigerian Bar Association (NBA) red seal and stamp in the letter written by Mr. Durodola is improper. They emphasized that such a seal is strictly reserved for lawyers in public employment and can only be used when discharging official duties. By applying the red seal in a private matter involving Mr. Adeolu Oyebode, the Commission argued that Mr. Durodola violated professional rules and misrepresented his authority. The letter stated clearly that the seal “cannot be used to render any service to a private person in his personal capacity,” as was done in this case.
The Commission further invoked the Constitution of the Federal Republic of Nigeria, 1999 (as amended), citing Paragraphs 1 and 2 of the Fifth Schedule. These provisions prohibit public officers from engaging in private practice or managing any business or profession outside their official duties. The Commission stressed that a public officer, such as Mr. Durodola, is not allowed to receive emoluments from any other employment or render private services unless he is involved in farming. The letter emphasized that the only business permitted to a public officer under the law is farming and therefore concluded that the service rendered to Mr. Adeolu Oyebode was not only improper but constitutionally prohibited.
In addition, the Commission preemptively dismissed any possible defense by Mr. Durodola that he acted through the Legal Aid Council. They pointed out that the Legal Aid Act only allows representation in criminal defence for indigent persons and does not extend to civil matters such as the one in question. Citing the Court of Appeal’s judgment in SHITTU v. SA’AD (2021) LPELR-55748(CA), the Commission affirmed that the purpose of the Legal Aid Council is restricted to assisting persons with inadequate resources in criminal matters. The judgment referenced further clarified that the Council’s role is not for prosecuting criminal cases but for defending indigent persons in criminal proceedings only.
Concluding the letter, the Commission gave Mr. Durodola a three-day ultimatum to either provide a clarification addressing the legal concerns raised or to withdraw the letter he issued on behalf of Mr. Adeolu Oyebode. The Commission warned that failure to comply would result in a petition to the Nigerian Bar Association for breach of the Rules of Professional Conduct. Additionally, they threatened to file a formal complaint against him at the Code of Conduct Tribunal for contravening constitutional provisions and ethical standards.
This development has triggered widespread attention among legal professionals in Ekiti State. It underscores the tension between the duties of public legal officers and their interactions with private clients. As the deadline looms, the legal community is watching closely to see how Mr. Durodola will respond to the grave allegations raised by the Commission, and whether this matter will escalate to formal disciplinary proceedings before the Nigerian Bar Association and the Code of Conduct Tribunal.
