Obiajulu Nwalutu V. Nigerian Bar Association & Anor (2019)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKAAHS, J.S.C.

The facts leading to this appeal may be briefly stated as follows:-

On 19 July, 2010 the appellant purportedly acting as counsel to Afribank Plc (now Mainstreet Bank Limited) filed a motion on notice for the joinder of Afribank Nigeria Plc as 3rd Plaintiff in Daily Times of Nigeria Plc & Anor v. Citco Communication in Suit No. FHC/L/CS/426/2010 before the Federal High Court, Lagos. Subsequently, when Afribank Nigeria Plc got wind of the motion for joiner as a co-plaintiff to the aforesaid suit, the Acting Company Secretary/Legal Adviser of the Bank, Umar Dan-Umma Esq., instructed the Bank’s Solicitor Chief A. A. Aribisala SAN in writing on 20 October, 2010 to take immediate and appropriate legal action to redress the unlawful imposition of counsel and purported joinder as co-plaintiff to the action.

Following the instructions received from the Bank, Chief Aribisala wrote a petition on 21 October, 2010 to the 1st respondent complaining that the appellant joined his client, Afribank Nigeria Plc as a co-plaintiff in Suit No.

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FHC/L/CS/426/2010 without instructions. He later filed a motion on 1 November, 2010 to set aside the joinder which was granted on 8 April, 2011 when the Federal High Court set aside its earlier order of joinder of Afribank Nigeria Plc and struck out its name from the suit.

The 1st respondent investigated the said petition and found that a prima facie case of professional misconduct was made out against the appellant necessitating his having to face the 2nd respondent on a complaint of professional misconduct contrary to Rules 1, 30 and 47 of the Rules of Professional Conduct in the Legal Profession 2007.

The 1st respondent called Zibai Blessed Katung, the Assistant secretary of the Legal Practitioners Disciplinary Committee (LPDC), the Body of Benchers who adopted his witness statement on oath and tendered exhibits P1A-P1D, P1E-P176E whilst the appellant also adopted his witness statement on oath and tendered exhibits D1-D3. The appellant denied the complaint and stated that he was merely following the oral instructions of his erstwhile principal Mr. Chinedu Oranuba who was a Director of Daily Times Plc.

On 30 November, 2015, the 2nd respondent rendered its

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direction and found the appellant liable for professional misconduct for acting as counsel to Afribank Nigeria Plc without authorisation and suspended him from practicing as a Legal Practitioner for 5 years. The appellant was dissatisfied with the final direction of the Honourable Committee and filed his appeal before this Court to challenge the Direction. Six grounds accompanied the Notice of Appeal from which the appellant formulated three issues for determination. The appellant’s brief as well as 1st and 2nd respondents’ briefs were all deemed filed on 4/7/2018. The issues in the appellant’s brief are:-

(a) Whether the fundamental rights of the appellant were not breached by the procedure adopted and pronouncements made by the Legal Practitioners Disciplinary Committee in its proceeding in the trial of the appellant so as to render the decisions/directions dated 30 November, 2015 altogether null and void.

(b) Whether the composition of the Legal Practitioners Disciplinary Committee that heard and determined the petition against the appellant is proper being at variance with the provision of the Legal Practitioners

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