A five-to-two majority of the Supreme Court has held that decisions of the Legal Practitioners Disciplinary Committee cannot be appealed directly to the apex court.
The judgment in Ben Mene-Ejegi v. Nigerian Bar Association & LPDC, delivered on June 26 but reported in detail on September 15, held that Section 12(7) of the Legal Practitioners Act is unconstitutional to the extent that it purports to permit a direct LPDC appeal to the Supreme Court.
Justice Mohammed Baba Idris delivered the lead judgment. The majority reasoned that Sections 233 and 240 of the Constitution establish different appellate structures: while legislation may expand the Court of Appeal’s jurisdiction over specified tribunals, the Supreme Court’s appellate jurisdiction is constitutionally tied to appeals originating from the Court of Appeal.
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The court consequently overruled Okike v. LPDC to the relevant extent and struck out the appeal for want of jurisdiction. Justices Obande Ogbuinya and Habeeb Abiru dissented.
For disciplinary proceedings against Nigerian lawyers, the practical consequence is substantial: the Court of Appeal is now the required appellate bridge between the LPDC and Supreme Court.
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