Fagbemi serves as the lead counsel for Governor Alex Otti, the Labour Party candidate, in the lawsuit filed by the PDP and APC and their respective candidates, Chief Okey Ahiwe and Chief Ikechi Emenike.
Although Fagbemi did not formally announce his appearance during the hearing, his presence in the courtroom and seating arrangement with Otti's legal team sparked murmurs and discussions among the lawyers present.
A senior lawyer, speaking anonymously, criticized Fagbemi's presence in court, describing it as an attempt to "intimidate members of the tribunal" due to his new role.
The lawyer stated, "After his nomination by President Bola Ahmed Tinubu, his screening, clearance, and confirmation by the Senate to serve as a Federal Minister, and having been assigned the portfolio of Attorney-General and Minister of Justice of the Federal Republic of Nigeria, I thought that Chief Lateef Fagbemi, SAN, ought to know that he can no longer appear in court for private cases in which he has interests like that of Mr. Otti. As a Senior Advocate of Nigeria, he should have been aware of this. Fagbemi should have understood that despite not yet being sworn in after confirmation, he can no longer represent a candidate or political party."
Another lawyer added, "Other lawmakers appointed as ministers by President Bola Tinubu had to leave their former roles to attend Senate screening and focus on their forthcoming positions, but Fagbemi chose to persist with a private case he was handling in court, thereby raising concerns about his impartiality as Minister of Justice. This is evidently an attempt to intimidate tribunal members. He has demonstrated that he may lack neutrality as a minister of Justice and Attorney General of the Federal Republic of Nigeria."
In response, the PDP issued a statement signed by Elder Amah Abraham, the publicity secretary of the Abia State chapter. The statement expressed disappointment with Fagbemi's conduct and suggested it reflected a misunderstanding of the significance of his forthcoming position.
