The Chairman of the Legal Practitioners Disciplinary Committee (LPDC), Emmanuel Ukala SAN has tendered his notice of resignation .

In letter dated 22nd of February, 2022 and sighted by, Legaldeskng .

Read the Statement below 

BODY OF BENCHERS

LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE

22nd February, 2022

The Body of Benchers C/O The Secretary Body of Benchers No. 31 Lake Chad Crescent, Maitama, Abuja.

The Chairman, Past Chairmen, Life Benchers and Honourable Benchers,

NOTICE OF RESIGNATION AS CHAIRMAN OF LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE

I write to notify this august body of my resignation as Chairman of the Legal Practitioners Disciplinary Committee with effect from February 22, 2022.
When I accepted the appointment to act as the Chairman of the Legal Practitioners Disciplinary Committee, it was with the understanding that I, and other members of the Committee, very honourable and distinguished members of this august body, would contribute our quota to the all important issue of maintenance of discipline in the legal profession in accordance with strict provisions of the law.
The Legal Practitioners Act under which the Legal Practitioners Disciplinary Committee of which I was appointed Chairman, was constituted vested in the committee the power “of considering and determining any case where it is alleged that a person who is a member of the legal profession hos misbehaved in his capacity as such or should for any other reason be subject of proceedings under” the Act. Please see Section 11 of the Legal Practitioner Act.

Similarly, Legal Practitioners Disciplinary Committee Rules, (the current Rules being the Legal Practitioners Disciplinary Committee Rules 2020), have always made clear provisions to govern proceedings before the LPDC. None of these provisions reserved any role for this august body to play with regards to conduct of proceedings before the LPDC. A prominent provision of these Rules is Rule 5 which governs proceedings in respect of prima facie findings now quoted verbatim;

5.— (1) An Application made in accordance with rule 4 shall initially be considered by a member of the Committee (“the initial committee member”) on the directive of the Chairman for consideration for the question of whether there is a case to answer in respect of the allegations made in the Originating Application.
(2.) If the initial committee member considers that there is a case to answer in respect of any or all the allegations made and is not of the opinion that the question is one of doubt or difficulty then the initial committee member must certify that there is a case to answer.
(3.) If the initial committee member is minded not to certify that there is a case to answer in respect of all or some of the allegations made or is of the opinion that the question is one of doubt or difficulty, the question must be considered by a panel of three members of the Disciplinary Committee. The initial committee member may be a member of the panel. If the panel considers that there is a case to answer in respect of the allegations made, then it must certify that there is a case to answer in respect of those allegations.
(4) If the panel decides that there is no case to answer in respect of any of the allegations made, it may refuse or dismiss the Originating Application, or part of it, without requiring the respondent to answer the allegations and without hearing the
applicant must be provided with written reasons explaining the decision.

(5) If a panel or committee member certifies that a case to answer is established in respect of all or any of the allegations made, the Secretary must serve a copy of each of the documents referred to in rule (4),(5) or (6), as the case may be on each respondent
Under Section 12(7) of the Act, appeals in respect of decisions of the Committee can only be entertained by the Supreme Court of Nigeria and not by any court or body, not even the Body of Benchers.

The Legal Practitioners Disciplinary Committee has over the years enjoyed the needed independence as contemplated by the relevant laws and rules until the recent petition of Lucius E. Nwosu SAN to this august body in respect of his complaint against prima facie findings made in respect of a complaint against him and in respect of which he was maintaining pending litigation, then at the Court of Appeal. It will be recalled that when the matter was brought to the attention of this august body on 22nd November, 2021 an overwhelming majority of members who spoke, including the former CJN, the Hon. Justice Mahmud Mohammed, the retired Justice of the Supreme Court, the Honourable Justice, Paul Adamu Galinje, Wole Olanipekun SAN, Vice Chairman of the Body of Benchers, Lateef Fagbemi SAN, Yusuf Ali SAN, Okey Wali SAN, Ferdinand Orbih SAN, Mike Ozekhome SAN among others were against the intervention of this august body in the matter for very sound and obvious reasons including the fact that the matter was subjudice and that this august body has no jurisdiction to review any matter including the issue of prima facie finding which is already before the LPDC.

Surprisingly however, the Chairman, the Honourable Justice Bode Rhode’s — Vivour, ruled against the overwhelming views of the majority in favour of the minority views of mainly three members — the retired Justice James Ogenyi Ogebe, the Honourable Justice Ejembi Eko and R. A. Lawal-Rabana SAN, thus inadvertently opening up judicial proceedings before LPDC to the administrative review of the Body of Benchers. This singular move portends grave danger to the maintenance of discipline in the Legal Profession.

The independence of the Disciplinary Committee, (LPDC) is of paramount importance in the scheme of things for maintenance of true discipline in the profession. It is best that things are kept that way no matter the leadership of the Body of Benchers for the time being, the personal interest of any member and indeed, no matter whose Ox is gored.

It is against this background that I resign my appointment as Chairman of LPDC.
I am grateful to this august body for the opportunity given to me to be of service to our cherished and honourable profession.
Yours faithfully,

Emmanuel C. Ukala SAN, Life Bencher.