Disable Preloader

CaseLaw

Akintokun V. LPDC (2014) CLR 5(k) (SC)

Judgement delivered on May 16th 2014

Brief

  • 'Act of the National Assembly' – Meaning of
  • Appeal Committee of the Body of Benchers
  • Legal Practitioners Disciplinary Committee - establishment of and its membership
  • Remedies - Whether prescribed remedies in a statute must be exhausted before aggrieved party can proceed to Court
  • Repeal or Amendment of Statute – Whether can be implied where not expressly stated
  • Incuria and Incuriae – Meaning and nature of
  • Section 6 of the 1999 Constitution
  • Court – Meaning of
  • Section 213 of the 1979 Constitution now S.233(1) of the 1999 Constitution
  • Section 213 of the 1979 Constitution
  • Section 233 of the 1999 Constitution
  • Section 233(1) of the 1999 Constitution
  • Section 233(2)b of the Constitution
  • Section 295(3) of the Constitution
  • Section 315 of the 1999 Constitution
  • Section 315(1) of the 1999 Constitution
  • Section 315(4)(b) of the 1999 Constitution
  • Section 315(1)(a) of the 1999 Constitution
  • Section 6(1) of the 1999 Constitution 1999 (as amended)
  • Section 6(2) of the 1999 Constitution 1999 (as amended)
  • Section 11 of the Legal Practitioners Act 1990 (as amended)
  • Section 11(7) of the Legal Practitioners Act 1990 (as amended)
  • Section 12(5) of the Legal Practitioners Act 1990 (as amended)
  • Section 11(7) of the Legal Practitioners Act 2004
  • Section 12(1) of the Legal Practitioners Act 1990 (as amended)
  • Section 12(1) of the Legal Practitioners Act 2004
  • Section 12 of the Legal Practitioners Act 1990 (as amended)
  • Section 12 of the Legal Practitioners Act 2004
  • Section 12(1) of the Legal Practitioners Act 2004
  • Section 12(2) of the Legal Practitioners Act 2004
  • Section 12(6) of the Legal Practitioners Act 1990, as amended by the Legal Practitioners Act (Amendment) Decree, 1994, No.21 of 1994
  • Section 12(7) of the Legal Practitioners Act 1990, as amended by the Legal Practitioners Act (Amendment) Decree, 1994, No.21 of 1994
  • Section 11(7) of the Legal Practitioners (Disciplinary Committee) (Amendment) 1994
  • Order 6 Rules 5(4) of the Supreme Court Rules
  • Rule 24 of the Rules of Professional Conduct in the Legal Profession
  • Rule 28 of the Rules of Professional Conduct in the Legal Profession
  • Rule 49(a) of the Rules of Professional Conduct in the Legal Profession
  • Rule 49(b) of the Rules of Professional Conduct in the Legal Profession

Facts

This is an appeal against the direction of the Legal Practitioners Disciplinary Committee made on the 4th day of April 2006 striking off the name of the appellant from the roll as a legal practitioner in Nigeria. The appellant being dissatisfied with the said direction filed a Notice of Appeal on the 27thday of April 2006 against the Direction.

FACTS BRIEFLY STATED

The Appeal came up for hearing on the 22nd October 2013 when this Court suo motu raised the issue of jurisdiction of the Supreme Court to entertain an appeal directly from the decision of Legal Practitioners Disciplinary Committee. The Court directed the parties to address it on the issue of whether or not the Supreme Court has jurisdiction to entertain appeal from the Legal Practitioners Disciplinary Committee in view of the recent decision of this Court in Aladejobi v Nigerian Bar Association Suit No: SC.121/2011 delivered on the 12th of July, 2013 and reported in (2013) LPELR - 20940 SC. The Supreme Court had held in the Aladejobi case that it is the Appeal Committee of the Body of Benchers that has jurisdiction to entertain appeal from the decision of the Legal Practitioners Disciplinary Committee. Of note is the fact that there is no Appeal Committee of the Body of Benchers in existence.

On the 13th January, 2014 when the appeal came up for hearing on the issue of jurisdiction the Court ordered that it was necessary to get the opinion of the Attorney General of the Federation and the President of the Nigerian Bar Association and so an invitation was issued to the two Law Officers as Amicus Curiae with a view to enriching the arguments on the issue at hand.

Issues

Whether in view of its recent decision in JIDE ALADEJOBI v. NIGERIAN BAR...

Read More