UKALA

  • EDITOR'S CHOICE
  • Apr 10, 2022
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  • Comments Off on BODY OF BENCHERS APPOINTS ISHAQ BELLO AS LPDC CHAIR AMID CONCERNS

BODY OF BENCHERS APPOINTS ISHAQ BELLO AS LPDC CHAIR AMID CONCERNS

There is palpable unease within the ranks of the Body of Benchers (BoB) as former Chief Judge of the High Court of Federal Capital Territory (FCT), Justice Ishaq Bello has been appointed as the new Chairman of the Legal Practitioners Disciplinary Committee (LPDC). He replaces Mr. Emmanuel Ukala SAN who sensationally resigned from the position recently.

Members of the Body of Benchers who spoke to CITY LAWYER at the weekend on the emergence of Justice Bello argued that due process was not followed in the appointment, saying that the immediate past BoB Chairman, Justice Olabode Rhodes-Vivour merely announced the appointment of the jurist towards the end of the last meeting of the body.

They said that not only was the Bar not consulted in the process leading to the appointment but that there was no opportunity given to BoB members during plenary to ratify Bello’s nomination.

A BoB member told CITY LAWYER that the practice had been that while the headship of the LPDC rotates between the Bar and Bench, both groups must reach a consensus on the choice of the candidate to head the all-important Body of Benchers committee.

“Sadly, that did not happen this time,” said the member. “Due process was not followed; instead, a fait accompli was foisted on the body. That is not the precedent we are used to. The appointment is inchoate.

“I do hope that the new chairman of the Body of Benchers will seek the earliest opportunity to present the nomination of Justice Bello for ratification at the plenary. Otherwise, it will be a bad signal for both the committee and the Body of Benchers.”

Although CITY LAWYER contacted the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata on the controversy, he had not responded at the time of filing this report. The Body of Benchers is yet to comment on the matter.

Following his retirement as Chief Judge of the FCT High Court, Bello made an unsuccessful attempt to join the International Criminal Court (ICC) bench, having been nominated by the Federal Government.

CITY LAWYER recalls the LPDC has been in the news lately following the resignation of Ukala and two other members of the committee over alleged interference in its work by the Body of Benchers. The two members that also threw in the towel were current Chairman of the NBA Section on Legal Practice, Chief Ferdinand Orbih (SAN) and Boma Ayomide Alabi (SAN).

Ukala had in his resignation letter dated 22nd February, 2022 cited the complaint by recently deceased senior lawyer, Mr. Lucius Nwosu SAN over a prima facie finding by the committee, noting that most members who spoke on the subject “were against the intervention of this august body (benchers) 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 Rhodes-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.”

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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  • EDITOR'S CHOICE
  • Mar 30, 2022
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  • Comments Off on BOMA ALABI, ANOTHER LPDC MEMBER RESIGNS

BOMA ALABI, ANOTHER LPDC MEMBER RESIGNS

Another member of the troubled Legal Practitioners Disciplinary Committee (LPDC) has resigned, CITY LAWYER can authoritatively report.

In a resignation letter obtained by CITY LAWYER and dated March 29, 2022, Boma Ayomide Alabi SAN stated that she has resigned from the LPDC “effective immediately.”

Alabi said that she was “utterly dismayed” by the outcome of the November 22, 2021 meeting of the Body of Benchers where the body directed that the LPDC “suspends sitting” while a petition to the body was being “investigated.”

Saying that she awaited the outcome of the investigation initiated by the Body of Benchers, Alabi noted that a report was circulated at the last meeting of the body titled, “Report of the meeting of the Elders Committee held on the 25th of January 2022.”

Her words: “After some debate, the recommendations contained therein appear to have been adopted in totality, much to my consternation.”

She noted that the report recommended that “The matter before the LPDC should be terminated on the ground that no prima facie case has been made. If the complainant feels strongly about his claims, he should go to a formal court and pursue him (sic) claims.”

The former LPDC member stated that she “made enquiries with the LPDC Registry and confirmed that the Elders Committee did not request the case file in question from the Registry, neither did the Secretariat of this august Body.” Querying the mode of investigation done by the Body of Benchers, Alabi said: “It begs the question – does this mean that the Elders Committee, acting in an overtly appellate capacity in reviewing and rejecting the finding of a prima facie case by the LPDC, as set out in paragraph 5.3 of their report and quoted above, did so, without the benefit of a review of the casefile?”

Noting that the Elders Committee may have held that Section 12(7) of the Legal Practitioners Act (LPA) did not apply to the case it investigated, Alabi said: “I humbly and respectfully beg to dissent from the wisdom of the Elders on this occasion. Section 12(7) of the LPA provides, quite unambiguously, that appeals in respect of decisions of the LPDC can only be entertained by the Supreme Court.”

Alabi stated that the decision of the Body has compelled her to resign her position as LPDC member. The letter was addressed the “The Body of Benchers” and “Attention” to the chairman of the body, past chairmen, Life Benchers and Benchers.

It is recalled that CITY LAWYER had exclusively reported the resignation of Chief Ferdinand Orbih SAN as an LPDC member. This came on the heels of the resignation of the LPDC Chairman, Mr. Emmanuel Ukala SAN.

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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  • EDITOR'S CHOICE
  • Feb 25, 2022
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  • Comments Off on SCANDAL ROCKS LPDC AS ANOTHER MEMBER QUITS

SCANDAL ROCKS LPDC AS ANOTHER MEMBER QUITS

More crisis has rocked the embattled Legal Practitioners Disciplinary Committee (LPDC), an organ of the Body of Benchers, as another ranking member, Chief Ferdinand Orbih SAN has resigned from the august body.

In a resignation letter obtained by CITY LAWYER, 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.”

CITY LAWYER recalls that the LPDC Chairman, Mr. Emmanuel Ukala SAN had sensationally resigned as Chairman of the LPDC, citing the same reason for his action.

Continuing, Orbih, the fiery Chairman of the Nigerian Bar Association Section on Legal Practice (NBA-SLP), said: “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 the respected senior lawyer, “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.”

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. Dated February 24, 2022 the resignation also became effective from yesterday.

It remains to be seen how this gale of resignations will affect the operations of the troubled Committee.

 

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