NNAMDI OSUJI VS 1.  LEGAL PRACTIONERS DISCIPLINARY COMMITTEE, 2.    INCORPORATED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION

NNAMDI OSUJI VS 1.  LEGAL PRACTIONERS DISCIPLINARY COMMITTEE, 2.    INCORPORATED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION

August 2025

Subject Matters

  • Appeal: Notice of Appeal – defect therein – whether it affects the competence of the appeal

    Appeal: Notice of appeal – defect therein – whether renders the appeal incompetent which is liable to be struck out.

    Court: Raising an issue suo motu – whether an appellate court can raise an issue of jurisdiction suo motu

    Court: Raising an issue suo motu – general principles thereof – whether must allow parties address court thereto

    Court: Raising an issue suo motu – where an issue is raised suo motu – whether parties must be given opportunity to address court – exceptions thereto – the principle in Oni vs. Fayemi (2020)15 NWLR (Pt.1746)59

    Jurisdiction: Meaning thereof – effect of lack of jurisdiction

    Jurisdiction: Source thereof – whether it is statutorily conferred

    Jurisdiction: Basic components – the principle in Madukolu vs. Nkemdilim (1962) 2 SCNLR 341

    Jurisdiction: Supreme Court – appellate jurisdiction thereof – where an Appellant appeals against decision of Legal Practitioners Disciplinary Committee instead of Appeal Committee of Body of Benchers – whether Supreme Court lacks jurisdiction to entertain such appeal

    Jurisdiction: Supreme Court – Whether it lacks power to hear appeals directly from Legal Practitioners Disciplinary Committee – the principle in Aladejobi vs. N. B. A (2013)15 NWLR (pt.1376)66

    Jurisdiction: Supreme Court – where an Appellant appeals against the Legal Practitioners Disciplinary Committee to the Supreme Court – whether such appeal is incompetent – the principle in Akintokun vs. Legal Practitioners Disciplinary Committee (2014)13 NWLR (Pt.1423)1

    Legal Practitioner: Legal Practitioners Act, 2004 – right of appeal by a Legal Practitioner against the direction of Legal Practitioners Disciplinary Committee – whether can only appeal to the Appeal Committee of the Body of Benchers rather than to the Supreme Court

    Legislation: Legal Practitioners Act, 2004 – relevant provisions relating to discipline of a legal practitioner – SS. 10(1), 11(6),12(1)(4)(5) of Legal Practitioners Act considered

    Statute: Legal Practitioners Act – where statute provides for procedure for appeal against the direction of the Legal Practitioners Disciplinary Committee – whether procedure for appeal must be in strict conformity as provided by the statute

Issues :

  1. Having regard to the variation and inconsistency in the composition, quorum and sittings of the Legal Practitioners Disciplinary Committee, whether its proceedings and or eventual Direction dated 14/0 1/2021 are not a nullity and a breach of the Appellant’s right to fair hearing (Grounds 2 and 3).
  2. Considering the peculiar facts and circumstances of this case, whether the LPDC [1 st Respondent herein] was not stripped of the requisite jurisdiction to entertain the Complaint against the Appellant (Grounds 1, 5, 6 and 7).
  3.  Whether in the light of the state of the evidence before the LPDC whether its Direction dated 14/0 1/202 1 is/was not perverse and therefore ought to be avoided or set aside by the Honourable Court. (Grounds 4,8, 9).
  4. Whether having regard to the provisions of Section 12(8) (a), (b) and (c) of the Legal Practitioners Act, Cap LII, Laws of the Federation, 2004, the Legal Practitioners’ Disciplinary Committee has jurisdiction to order and direct that the name of the Appellant to be struck off the Roll of Legal Practitioners from the day it gave it (sic) Direction (i.e frorn 14tt1 day of January, 2021.) (Grounds 10 and 1 1).

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