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 call in separate letters addressed to the three institutions, warning that the absence of a clearly defined appellate process could undermine the rights of lawyers facing disciplinary proceedings and affect 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 Supreme Court to entertain direct appeals against LPDC decisions.
The decision has raised questions about the appropriate judicial channel through which lawyers dissatisfied with disciplinary sanctions may seek redress.
Umohinyang also referred to the Federal High Court judgment 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 legal reform committee to examine the implications of the judicial decisions and work with relevant institutions towards an appropriate legislative solution.
The proposed committee, according to his earlier communication, would comprise constitutional lawyers, appellate practitioners, disciplinary law experts and other relevant stakeholders.
He also called for consultations involving the NBA, the Body of Benchers, the Attorney-General of the Federation and the National Assembly to consider legislation defining the appellate forum, grounds of appeal, procedural requirements, time limits, available remedies and the status of disciplinary decisions while an appeal is pending.
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 review of relevant provisions of the Constitution and the Legal Practitioners Act to determine whether the proposed appeal mechanism could be established through ordinary legislation or would require constitutional amendment.
Umohinyang maintained that the LPDC should retain its authority to investigate and determine allegations of professional misconduct, while disciplinary decisions should operate within a framework that guarantees an effective and lawful right of appeal.
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