Restoring of LP’s name on Scroll and things to note

Practice questions covering the procedures, punishments, appeals, and restoration processes for legal practitioners' disciplinary actions.

Who are the parties to the proceedings before the Legal Practitioner's Disciplinary Committee (LPDC)?

The parties are the applicants, the legal practitioner, and any other person required to be joined.

How is the association (MBA) represented before the Legal Practitioner's Disciplinary Committee?

The hearing is done in person or by council of choice, while the association shall appoint a legal practitioner to present its case.

What is the general rule regarding the scale of punishment for a legal practitioner's offense?

The punishment should be commensurate with the crime or offense; it must tally with the action.

Can a legal practitioner's name be struck off the roll for habitual drunkenness?

No, because that punishment is considered too much for a case of habitual drunkenness.

What can lead to the aggravation of a legal practitioner's offense?

Failing to obey the order of the committee.

What is the standard of proof in disciplinary proceedings according to the case of NBA versus [unspecified]?

The standard of proof is on the balance of probabilities or preponderance of evidence.

To which body do appeals regarding LPDC directions lie?

Appeals lie to the Supreme Court.

What is the time limit for bringing an appeal against a direction of the LPDC?

Appeals must be brought within $28$ days from the direction.

To whom does a legal practitioner apply for restoration of their name on the roll?

The practitioner applies to the body that meted out the punishment, such as the LPDC or the Supreme Court.

Which three factors are considered when evaluating an application for the restoration of a legal practitioner's name?

1. Gravity of the original offense, 2. Evidence of genuine remorse, and 3. Whether the applicant is now fit and proper.

What jurisdiction does the Supreme Court have as a disciplinary authority?

The Supreme Court has both original and appellate jurisdiction.

What orders can the Supreme Court make if a practitioner is found guilty of infamous conduct in a professional respect?

It may order that the name be struck off, or that the practitioner be suspended or admonished.

What specific power does the Chief Justice of Nigeria have regarding charges pending before the LPDC?

The Chief Justice of Nigeria only has the power to suspend the lawyer pending the outcome of the charge.

Is the action taken by the Chief Justice of Nigeria dependent on the LPDC outcome?

No, the action to the Chief Justice of Nigeria is independent of the outcome of the LPDC.