The Legal Practitioners Disciplinary Committee (LPDC) is a committee of the Body of Benchers (BoB) established by Section 11 of the Legal Practitioners Act as (altered)
The Legal Practitioners Disciplinary Committee (LPDC) is a committee of the Body of Benchers (BoB) established by Section 11 of the Legal Practitioners Act as (altered). Its major function is to consider and determine allegations of misbehaviour by persons whose names are on the Roll in their capacity as legal practitioners. To underscore the importance of this committee, appeals from its decisions are heard at the Supreme Court.
On the other hand, the BoB is a professional body concerned with the admission of prospective students into the Nigerian Law School. Members of the body are called Benchers. The body also regulates the call of graduates of law school to the Nigerian Bar as well as the regulation of the legal profession in Nigeria.
Mr. Emmanuel C. Ukala (SAN), the chairman of LPDC, recently resigned, citing a lack of discipline and undue intervention by the BoB in the committee’s duties as the primary reason.
Ukala wrote in a letter dated February 22, 2022, that he accepted the role of chairman of the Committee on the condition that the committee would help in maintaining professional discipline in compliance with stringent relevant legal provisions.
He insisted that the solitary resolve decide against the overwhelming opinion of the majority in favour of the minority by the BoB’s former chairman, Honourable Justice Bode Rhodes-Vivour portends significant risk to the legal profession’s ability to maintain discipline.
The LPDC’s independence, in his opinion, was critical in maintaining true professional discipline in the legal profession. “It is desirable that things remain that way for the time being, regardless of the leadership of the BoB, any member’s personal interests, or indeed, whose ox is gored,” he lamented.
Ukala was one among other members of the committee that resigned due to what they described as the BoB’s undue influence over the LPDC’s affairs. Chief Ferdinand Orbih (SAN) resigned under similar circumstances.
In his resignation letter, Chief Orbih (SAN) stated: “My resignation derives from the happenings of the Body of Benchers meeting on November 22, 2021, at which the honourable Body seized jurisdiction over the Petition of Lucius E. Nwosu (SAN). In his Petition, Nwosu (SAN) criticised the LPDC’s decision that a prima facie case had been established against him.
“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.”
The senior advocate noted that the lawmakers 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.
He, however, regretted that the independence was obliterated when the BoB brought the LPDC under its control and direction in clear violation of due process.
The former member of the LPDC in finality said: “I am therefore left with no other option than to resign my membership of the LPDC.”
In a seemingly conciliatory tone, the President of the Nigerian Bar Association (NBA), Olumide Akpata emphasised the importance of LPDC’s independence and urged the BoB to ensure the committee’s immediate reform to restore public confidence in the legal profession.
Akpata, speaking in Abuja at an event commemorating the change of leadership at the BoB, with Chief Wole Olanipekun (SAN) succeeding Justice Rhodes-Vivour (a retired Supreme Court Justice) as chairman and Justice Mary Odili (of the then-Supreme Court) as Vice Chairman, specifically called for the committee’s liberation.
“I will charge the incoming chairman to look hard at the issue of discipline, as well as the issue of the LPDC. The public right now has very little confidence in the LPDC and they believe that we are shielding many of our colleagues, who have committed one infraction or the other.
“So, more work has to be done by the LPDC. First, more panels should be put in place to enable LPDC to sit across the country. It cannot be the case that a man, who has a matter against a lawyer in Ugheli in Delta State, will have to travel all the way to Abuja to have his matter heard.
“The way things just show that we are not really keen or at least, it makes us look as if we are not keen to see that our members are disciplined. So, it is the responsibility of the Body of Benchers to ensure that the LPDC has more panels and that the process is more efficient.
“Right now, we have cases/petitions piled up, waiting to be heard. As the President of the Bar, I get calls every day from people who feel that they have been hard done by lawyers; who feel that some lawyers have misconducted themselves in cases involving them, and they think we are not doing enough in terms of disciplining erring lawyers,” Akpata stated.
Chief Olanipekun (SAN) mentioned the LPDC as one of the body’s most effective forces but was eager to add that a bencher exerts a powerful force.
“That committee is like a court of law. All appeals from the committee go directly to the Supreme Court. The Committee has the power to adjudicate any petition against any lawyer. It is free to discharge, free to acquit, free to warn, free to suspend, and free to direct that the name of such a lawyer be deleted from the list of lawyers in Nigeria.
“The LPDC is also an organ of the Body of Benchers. The Chairman of the Body of Benchers, through the Body of Benchers, appoints the Chairman of the LPDC. But, the Body of Benchers, once the LDPC is constituted, has nothing to do with them.
“The Body of Benchers has no supervisory role over the LPDC. All they (LPDC members) do is to report periodically, to the Body of Benchers at every one of its meetings, about their operations and activities,” he explained.
On taking office, Chief Olanipekun (SAN) acknowledged that the profession might have some grey areas. “Regardless of my position, I have always attempted to represent our noble profession as an ambassador and exemplar, demonstrating the learning, excellent character, and values for which the legal profession is distinguished, to the admiration of non-legal populations.
“I pledge to continue to give my all to the services of the Body of Benchers as Chairman for the next year, and in doing so, I will be calling upon you all for your cooperation, understanding, assistance, advice and counsel. Nobody knows it all, and no man born of a woman can boast of a monopoly of wisdom. I am not insular,” he declared.
He stated that he would give independence to the LPDC, among others, to strengthen the legal profession and assured of his commitment to lift the body and the profession by building on the enviable foundation laid by his predecessors in office.
The new BoB chairman, who promised to unveil his programmes at the meeting of the body in July, assured that he would sustain the independence of the LPDC and ensure that it functions effectively.
“ It behoves us to rejig, redefine and reorientate our profession to restore its cherished nobility and glory. We must not lose sight of the unpleasant happenings around us, whether from the Bar or Bench.
“Succinctly surmised, our profession is under aggression and attack, both from within and without. These are not the best of times for the legal profession in Nigeria.
“Therefore, it is the binding duty of the congregation of these great men and women of distinction, constituting the Body of Benchers, to work for the greatness and renaissance of our esteemed profession. In doing so as well, we may have to crack some glass ceilings.
“I will try to improve on what my predecessors in the office have done. I have a focus on the legal profession.
“We have to do something about it. And, what we have to do about the legal profession is very urgent. And I have my ideas, which I will present at the next meeting of the body,” he said.
An Abuja-based legal practitioner, Godwin Ogboji explained that going by the provisions of the legal frameworks that created LPDC and BoB,
LPDC is completely independent of the BoB, which should be accorded its rights and powers.
According to him, before the gale of resignations in the committee, it was the position of the then chairman, Ukala (SAN) and other members that it was completely independent and had the right and powers in accordance with the law that established it.
However, he explained that when it was the opinion of the LPDC to arraign a senior legal practitioner, the fellow aggrieved by the decision approached the BoB, which intervened; and that consequent upon the intervention, the then LPDC chairman was aggrieved and resigned, arguing that it was against the oath he took.
Ogboji said the law is clear and sacrosanct, stressing that the BoB ought not to have intervened in the rights and powers of the LPDC.
He stated that the essence of the resignation was to protect the independence of the LPDC and in turn protect the legal profession.
“I applaud the new chairman of the BoB for promising to give LPDC complete freedom to operate. I must emphasise that the chairman is in a position to offer LPDC carte blanche, and he should stick to rules establishing it as well as other legal provisions.
“If that was the case, there would not be an altercation between the LPDC and the BoB. In turn, I hope the new leadership will strengthen the legal profession ultimately, Ogboji stated.
