Lawyer Seeks New Appeal Framework for LPDC Decisions

A legal practitioner, Emmanuel Umohinyang, has called on the Nigerian Bar Association (NBA), the Attorney-General of the Federation and the Body of Benchers, to establish a constitutionally valid appeal mechanism for challenging decisions of the Legal Practitioners Disciplinary Committee (LPDC).

 Umohinyang made the appeal in separate letters to the three institutions, warning that the absence of a clearly defined appellate process could undermine the rights of Lawyers facing disciplinary proceedings. He said the situation also raised concerns about transparency and public confidence, in the regulation of the legal profession.

 His intervention followed a Supreme Court decision which declared unconstitutional the provision of Section 12(7) of the Legal Practitioners Act, conferring jurisdiction on the Apex Court to entertain direct appeals against LPDC decisions.

 The judgement has raised questions about the appropriate judicial channel, through which Lawyers dissatisfied with disciplinary sanctions can seek redress.

 Umohinyang also referred to the Federal High Court judgement concerning the three-year suspension imposed on Senior Advocate of Nigeria, Joe-Kyari Gadzama, by the LPDC.

 He urged the NBA to establish a specialised committee to examine the matter, and work with relevant institutions and the National Assembly towards an appropriate legislative solution. 

According to him, a clear appellate framework would protect the rights of legal practitioners and complainants, while ensuring that the disciplinary body remains effective.

 He stressed that professional accountability must be balanced with fair hearing and access to justice, adding that, uncertainty over appeals, could weaken confidence in the disciplinary system.