Few days after the resignation of the Chairman of Legal Practitioners Disciplinary Committee, Emmanuel Ukala SAN, on allegations of Interference by the Body of Benchers, another member of the Committee, Chief Ferdinand Orbih SAN has reportedly tendered his resignation from the Committee.
In a letter dated 24th February 2022 titled NOTICE OF RESIGNATION AS MEMBER OF LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE, and addressed to the Secretary of the Body of Benchers, the letter was copied to the Chairman of the Body of Benchers, past Chairmen, Life Benchers and Honourable Benchers.
According to the Learned Silk, the Body of Benchers breached Section 12(7) of the Legal Practitioners Act when it decided to sit on appeal over the petition of Lucius E. Nwosu SAN. Lucius Nwosu SAN in his petition complained about the finding of the LPDC that a prima facie case had been made against him.
Orbih stated that; “My resignation stems from the events that took place at the meeting of the Body of Benchers on the 22nd November 2021, wherein, the Honourable Body assumed jurisdiction over the Petition of Lucius E. Nwosu SAN. Lucius Nwosu SAN in his Petition complained about the finding of the LPDC that a prima facie case had been made against him.”
He continued; “It is my humble view that by assuming jurisdiction over the said Petition, the Body of Benchers was in clear breach of Section 12 (7) of the Legal Practitioners Act, which provides that appeals in respect of decisions of the LPDC, can only be entertained by the Supreme Court of Nigeria. Clearly, that section did not vest on the Body of Benchers, the power to seat as an appellate body over decisions of the LPDC.”
According to him great independence was accorded the LPDC as a result of the vital role it plays in ensuring high level discipline in the legal profession.
He further stated that the actions of the Body of Benchers have encroached the independence of the LPDC and in such circumstance he cannot continue his membership of the Committee.
He noted; “The lawmaker gave the LPDC a great measure of independence because of the vital role it plays to ensure that the highest form of discipline is maintained amongst Legal Practitioners in Nigeria. That independence is obliterated when the Honourable Body brings the LPDC under its control and direction in clear violation of due process.”
“In the above circumstances, my continued membership of the LPDC has become untenable, as I can no longer in good conscience serve in that committee.
“I am therefore left with no other option, than to resign my membership of the LPDC. I am grateful to the Honourable Body of Benchers for the opportunity given to me, to be of service to the legal profession.”
