Legal Practitioners Disciplinary Committee V. Chief Gani Fawehinmi (1985)

LawGlobal-Hub Lead Judgment Report

A. N. ANIAGOLU, J.S.C. 

The proceedings in this appeal relate to a Legal Practitioner who is a Solicitor and Advocate of the Supreme Court of Nigeria, one Gani Fawehinmi Esq., of 28, Sabiu-Ajose Crescent, Surulere, Lagos, and concerns a professional misconduct allegedly committed by him in that he engaged himself in “advertising, touting and publicity” by reason of a publication in a weekly newspaper, the “WEST AFRICA’, dated 23rd March 1981, which read as follows:

A NEW BOOK ON NIGERIAN CONSTITUTION
TITLED
NIGERIAN CONSTITUTIONAL LAW REPORT
1981 Volume One
Edited by
CHIEF GANI FAWEHINMI

the famous reputable and controversial Nigerian Lawyer…”

The issue which falls now, to be decided in this appeal is not whether or not Chief Gani Fawehinmi (hereinafter simply referred to as “Gani”) committed the alleged misconduct, but the preliminary issue of the competence of the individuals scheduled to adjudicate on the matter under the Legal Practitioners Act 1975, to hear it, having regard to the principles of natural justice

particularly the principles of natural justice which forbid a person to be an accuser as well as the judge at the same time in a case, and the one which demands fairness in the prosecution of a person accused.

As it turned out, after the Legal Practitioners Disciplinary Committee (hereinafter referred to as the “L.P.D.C”) had put up and served the two charges under section 10(1) (a) of the Legal Practioners Act, 1975, Gani preempted the proceedings and, obviously quia timet, filed an ex-parte motion, seeking for an order nisi of prohibition, for the High Court to stop the L.P.D.C., as constituted, from proceeding with the hearing of the matter. This is the matter with which this Court is concerned, in this appeal for the meantime.

But before I embark upon a determination of this legal issue and other legal issues ancillary thereto, it will be worthwhile to set out, in some form of chronology, the facts which have led to these proceedings.

It all started with that publication (hereinbefore set out) in that old established magazine “WEST AFRICA” at page 621 of its 23rd March issue. On 1st December 1983, one Mrs. 0.0 Fatunde acting for the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, wrote a letter Exhibit C to Gani in this vein:

“Federal Ministry of Justice,

Industrial and Mercantile Law Division,

Ikoyi, Lagos.

Ref. No. DI7/235/70

1st December, 1981