Legal practitioner Emmanuel Umohinyang has urged the Nigerian Bar Association (NBA), the Attorney-General of the Federation and the Body of Benchers to work together to establish a constitutionally valid mechanism through which lawyers can challenge disciplinary directions issued by the LPDC.
In separate letters dated October 22, 2026, addressed to the leadership of the three institutions, Umohinyang argued that the absence of a clearly defined appeal process could undermine the rights of legal practitioners, create uncertainty in disciplinary proceedings and weaken public confidence in the regulation of the legal profession.
The concerns follow the Supreme Court’s decision in Ben Mene-Ejegi v. Nigerian Bar Association and Legal Practitioners Disciplinary Committee and a subsequent Federal High Court judgment in Gadzama v. Body of Benchers and Others.
According to the report, the Supreme Court, by a majority of five to two, held that Section 12(7) of the Legal Practitioners Act was unconstitutional to the extent that it conferred jurisdiction on the apex court to entertain direct appeals against directions of the LPDC.
The decision has raised questions about the appropriate court or statutory body to hear appeals by legal practitioners dissatisfied with disciplinary decisions.
Call for urgent institutional response
Umohinyang maintained that the LPDC should retain its authority to investigate and determine allegations of professional misconduct, but argued that disciplinary decisions must operate within a framework that guarantees an effective and lawful right of appeal.
He urged the NBA to establish a specialised legal reform committee comprising constitutional lawyers, appellate practitioners, disciplinary law experts and other relevant stakeholders.
The proposed committee would examine the implications of the judicial decisions and recommend a constitutionally sustainable appellate framework.
He also called for consultations involving the NBA, Body of Benchers, Attorney-General of the Federation and National Assembly to consider legislation clearly defining the appellate forum, grounds of appeal, procedural requirements, time limits, available remedies and the status of disciplinary decisions while an appeal is pending.
Body of Benchers and AGF also urged to act
In his communication to the Body of Benchers, Umohinyang called for an examination of the statutory status of its Appeal Committee and the legal steps required to establish an effective appellate mechanism.
He also asked the Body to review the procedures governing communication, service and enforcement of disciplinary directions.
In his letter to the Attorney-General, he sought a comprehensive review of relevant provisions of the Constitution and the Legal Practitioners Act to determine whether the appeal mechanism could be established through ordinary legislation or would require constitutional amendment.
The issue has implications for both sides of the professional disciplinary process. Lawyers facing sanctions require access to a lawful appellate procedure, while complainants and members of the public also need confidence that disciplinary decisions can be reviewed and brought to finality through a clear legal process.
The challenge before the relevant institutions is therefore to preserve the LPDC’s disciplinary mandate while ensuring that the rights of practitioners and the integrity of professional regulation are protected.
The NBA’s response will be closely watched by members of the legal profession.
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