Judgment
EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The appellant a legal practitioner, was tried for professional misconduct. Before the Legal Practitioners Disciplinary Committee (LPDC) he defended a six count charge. On 22nd May 2017 the LPDC comprising J.B. Daudu, SAN – Chairman, and 5 other members namely – Hon. Justice U. Umokoro, CJ, Delta State: Hon. Justice P. D. Damulak, CJ, Plateau State; Yusuf Ali, SAN; Emmanuel C.
Ukala, SAN, and Tijjani Inuwa Dutse, mni, delivered the decision of the LPDC which found him guilty of “infamous conduct in the course of the performance of his duty as a legal practitioner as set out in counts 1, 2 and 3 of the complaint”. Upon his conviction, the LPDC directed the Chief Registrar of the Supreme Court to strike out (his) name from the roll of legal practitioners. It is against this decision and direction that the appellant has appealed.
One of the issues he has formulated for the determination of this appeal is: whether the variation of the membership of the Legal Practitioners Disciplinary Committee on different occasions during the pendency of the proceedings before it does not render the direction of the committee nullity?
The appellant, in paragraphs 3.4 – 3.13, had summarized the facts on which this issue predicates thus: 3.4 Hearing of oral evidence commenced on the 14th April, 2016, and subsequent sittings were held on 8th May, 2016; 30th June, 2016; 27th October, 2016; 21st November, 2016; 22nd November, 2016; 27th February, 2017 and the direction of the committee was given on 22nd May, 2017.
The constitution of the membership of the Committee during the hearing of the complaint on these various dates was varied and inconsistent. 3.5 On 14th April, 2016, when the evidence of PW1 was heard in part, the Committee was constituted by J. B. Daudu, SAN, as Chairman and Umukoro (CJ), Damulak (CJ), Ukala, SAN, Dyesris-Sijuade, (A.-G.,), Amechi, SAN, Aguma, SAN (A.-G.,) as members. (Page 310 of the record of appeal). 3.6 The constitution of the committee on 18th May, 2016 when hearing of evidence of PW2 continued and was concluded. The committee was constituted by J. B.
Daudu, SAN, as Chairman, and Galinje, PJCA (AHTW), Umukoro, (CJ), Damulak (CJ), Ali SAN, Inuwa-Outse, Dyeris-Sijuade (AG) as members (Pages 338 of the record of appeal). 3.7 The Committee was again differently constituted on 30th June, 2016 when evidence of DW1 and DW2 were heard. J. B. Daudu, SAN, sat as chairman, and while Galinje (PJCA), Umukoro (CJ), Inuwa-Dutse, Dyeris Sijuade as members. (Page 341 of the record of appeal). 3.8 There was yet another variation in the constitution of the Committee on 27th October, 2016, when the evidence of DW3 was heard.
