Anamelechi Iteogu V. Legal Practitioners Disciplinary Committee (2018)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

The appellant, who is now applicant filed a motion on notice on 20th of August 2014 seeking an order of this Court which he couched as below:-

An order of this Honorable Court setting aside the Judgment of this Honorable Court dated 4th December 2009 made by their lordships, ALLOYSIUS IYORGYER KASINA ALU JSC (as he then was), MAHMUD MOHAMMED JSC, WALTER NKANU ONNOGHEN JSC; CHRISTOPHER MITCHEL J; CHUKWUMA ENEH JSC (as he then was) and MUHAMMED SAIFULLHI MUNTAKH COOMASSI JSC, reported as ANAMELECHI ITEOGU vs LPDC (2009) 17 NWLR (Pt 117) 614.

The motion had three other prayers which the learned counsel for the applicant chose to withdraw and same were thereupon struck out, leaving the above prayer only for this Court’s determination.

The motion was brought pursuant to Section 22 of the Supreme Court Act, Cap S.15 Laws of the Federation 2004; Order 3 Rule 15 and Order 8, Rule 16 of the Supreme Court Rules 2011 and under the inherent jurisdiction of the Supreme Court of Nigeria.

The grounds upon which the application was brought include the followings:-

1

(a) The Appeal was from a decision of the Legal Practitioners Disciplinary Committee of the Supreme Court.

(b) The Supreme Court entertained the Appeal and delivered its Judgment on 4th December, 2009.

(c) The Supreme Court has no Jurisdiction to entertain an appeal from the Legal Practitioners Disciplinary Committee as decided by the Court in the underlisted cases.

(i) ALADEJOBI vs NIGERIA BAR ASSOCIATION (2013) 15 NWLR (pt.1376) 66 and

(ii) ROTIMI WILLIAMS AKINTOKUN Vs LPDC (Unreported Suit SC 111/2014 delivered on 16th May 2014

(d) In the circumstances the Judgment of this Court dated 4th December, 2009 was entered without Jurisdiction and the Appellant/Applicant affected by the Judgment is ex debito justiciae entitled to apply to set aside the said Judgment.

(e) Given the length of time between the delivery of the said judgment and the application, it is necessary ex abundant cautela to seek leave of Court and extension of time to bring the application.