Section 12 Legal Practitioners Act

Section 12 of Legal Practitioners Act 1975 is about Penalties for unprofessional conduct. etc. It is under ‘Practice as a Legal Practitioner‘ of the sections of the Act. It provides as follows:

1. Where—

a. a person who is a member of the legal profession is judged by the Disciplinary Committee to be guilty of infamous conduct in any professional respect; or

b. a person who is a member of the legal profession is convicted, by any court in Nigeria having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Disciplinary Committee is incompatible with the status of a legal practitioner; or

c. the Disciplinary Committee is satisfied that the name of any person has been fraudulently enrolled, the Disciplinary Committee, may, if it thinks fit, give a direction—
(i) ordering the Registrar to strike that person’s name off the roll; or
(ii) suspending that person from practice by ordering him not to engage in practice as a legal practitioner for such period as may be specified in the direction; or
(iii) admonishing that person, and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing as the circumstances of the case may require.

2. Where a person whose name is on the roll is judged by the Disciplinary Committee to be guilty of misconduct not amounting to infamous conduct which, in the opinion of the Disciplinary Committee, is incompatible with status of a legal practitioner, the Disciplinary Committee may, if It thinks fit, give such a direction as is authorised by paragraph (c) (ii) or (iii) of subsection (l) of this section; and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing, as the circumstances of the case may require.

a. as chairman, a Bencher, who is a member of the Body of Benchers other than by virtue of section 3 (1) (g) of this Act;
b. two Attorneys-General in the Federation;
c. two Judges of the High Court of any State; and d two members of the Association.

3. The Disciplinary Committee may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsections (1) and (2) of this section until a subsequent meeting of the Committee; but no person shall be a member of the Disciplinary Committee for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Committee when the decision was deferred.

4. It shall be the duty of the Bar Council to make rules from time to time on professional conduct in the legal profession and cause such rules to be published in the Gazette and distributed to all the branches of the Association.

5. For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (b) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

6. When the Disciplinary Committee gives a direction under subsection (1) or subsection (2) of this section, the Disciplinary Committee shall cause notice of the direction to be served on the person to whom it relates and submit to the Body Benchers a report on its findings which resulted in the issuance of notice,

a. where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;

b. where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

c. where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed, and shall not take effect except in accordance with the foregoing provisions of this subsection.

7. The person to whom such a direction relates may, at any time within 28 days from the date of service on him of notice of the direction, appeal against the direction to the Supreme Court: and the Disciplinary Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Disciplinary Committee, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.

8. A direction of the Disciplinary Committee under subsection (1) or (2) of this section shall take effect—
a. where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;
b. where such an appeal is brought and is withdrawn or struck out for want of on the withdrawal or striking out of the appeal.

c. where such an appeal is and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed, and shall not take effect except in accordance with the foregoing provisions of this subsection.

9. Where a direction is given under subsection (1) or (2) of this section for the refund of moneys paid or the handing over of documents or any other thing and within 28 days of the date of the direction (or where an appeal is brought, on the dismissal of the appeal) the legal practitioner fails to comply with the direction, the Disciplinary Committee may deal with the case as one involving misconduct by the legal practitioner in his professional capacity.