By Embassy-Oseni Momodu

Chief Mike Ozekhome, master of the robes is in the news. Nigerians home and diaspora continued to react over the Senior lawyer’s suspension by the Legal Practitioners Privileges Committee LPPC on June 24th, 2026 citing ongoing “disciplinary proceedings”.

The rank of Senior Advocate of Nigeria (SAN) is the highest professional distinction for advocates in Nigeria. It is conferred by the Legal Practitioners’ Privileges Committee (LPPC), chaired by the Chief Justice of Nigeria. Although SAN is often compared to the King’s Counsel (KC) designation in the United Kingdom, it is a privilege rather than a vested right, and the LPPC has authority to suspend, withdraw, or restore the rank under its guidelines, reinforcing the possibility Chief Ozekhome would bounce back profoundly.

The celebrated case of Beluolisa Nwofor SAN – Restoration (2021) established that withdrawal of SAN privileges is not always permanent and that reinstatement is possible where rehabilitation and compliance are demonstrated.

Legal Basis for Suspension or Withdrawal

The LPPC derives its authority from the Legal Practitioners Act and the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria.

Historically, sanctions by the LPPC have taken three forms:

1. Suspension from using the SAN title and privileges.
2. Withdrawal (stripping) of the SAN rank.
3. Restoration of the rank after satisfaction of prescribed conditions.

Notable Cases

1. Ajibola Aribisala (2013)

One of the earliest widely reported cases involved Ajibola Aribisala. The LPPC suspended or withdrew his right to use the SAN title, leading him to challenge the decision in court. The litigation highlighted the LPPC’s disciplinary powers and raised questions about due process in SAN disciplinary proceedings.

2. Kunle Ogunba SAN (2018)

In January 2018, the LPPC withdrew the SAN rank of Kunle Ogunba after finding merit in allegations that he engaged in multiplicity of proceedings and abuse of court process. The decision demonstrated the LPPC’s willingness to discipline senior lawyers for professional misconduct even where there was no criminal conviction.

3. Joseph Nwobike SAN (2018)

Perhaps the most significant modern example is the case of Joseph Nwobike.

In April 2018, he was convicted by the Lagos State High Court on charges relating to attempts to pervert the course of justice.

In June 2018, the LPPC suspended him from the use of the SAN rank and all privileges attached to it pending investigation.

The action was taken under the LPPC Guidelines and followed concerns that a SAN convicted of a criminal offence could not continue to enjoy the prestige of the rank.

This case is often cited as a landmark in SAN disciplinary history because it signaled a more assertive disciplinary posture by the LPPC.

4. Ikhide Ehighelua (2018)

Although not yet a SAN holder, Ikhide Ehighelua was among those shortlisted for conferment of the rank in 2018. Following petitions alleging abuse of court process, the LPPC withdrew his nomination and barred him from applying again for five years. The case illustrates that disciplinary scrutiny extends even to prospective SANs.

5. Beluolisa Nwofor SAN – Restoration (2021)

A noteworthy development occurred when the LPPC restored the SAN rank of Beluolisa Nwofor. The Committee found that he had met the conditions required for restoration under the guidelines.

6. Mike Ozekhome SAN (2026)

In June 2026, the LPPC suspended Mike Ozekhome from the SAN rank pending disciplinary proceedings before its Ethics and Disciplinary Sub-Committee. The suspension was expressly stated to be interim rather than a final determination of misconduct. He was directed not to hold himself out as a SAN during the period of suspension.

Consequences of Suspension or Withdrawal

A SAN who is suspended or stripped of the rank may:

1. Lose the right to use the title “SAN”.
2. Lose ceremonial and professional privileges associated with the rank.
3. Be excluded from benefits reserved for SANs in courts and professional bodies.
4. Suffer significant reputational consequences within the legal profession.

Importantly, suspension or withdrawal of SAN status does not automatically amount to disbarment. A lawyer may remain a legal practitioner while being deprived of the SAN distinction. Separate proceedings before disciplinary bodies can affect the lawyer’s licence to practise.

Historical Trend

The history of SAN disciplinary measures in Nigeria shows three phases:

Phases

1. Between 1975–2010: Very few publicly reported sanctions against SANs.
2. Between 2011–2020: Increased scrutiny, with notable cases such as Aribisala, Ogunba, and Nwobike.
3. Between 2021–present : More structured use of LPPC disciplinary powers, including restoration procedures and interim suspensions pending investigation.

Overall, suspension and withdrawal of SAN rank have remained relatively rare, reflecting both the prestige of the title and the LPPC’s cautious approach. However, recent years indicate a stronger commitment to protecting the integrity of the rank through disciplinary enforcement.

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