Discipline of Judicial Officers and Legal Practitioners in Nigeria

Flashcards about the discipline of judicial officers and legal practitioners in Nigeria.

Who are Judicial Officers in Nigeria, according to S. 292 CRFN 1999?

Justices of Supreme Court and Court of Appeal, Judges of Federal High Court, State High Courts, National Industrial Court, Kadis of Sharia Courts of Appeal, Judges of Customary Courts of Appeal

What bodies are responsible for the appointment and discipline of judicial officers in Nigeria?

Federal Judicial Service Commission, State Judicial Service Commissions, National Judicial Council (NJC)

What are the functions of the National Judicial Council (NJC)?

Recommends judicial appointments to President/Governors, Recommends removal and exercises disciplinary control over judicial officers, Collects and disburses funds for the judiciary, Advises President/Governors on judicial matters, Appoints, dismisses and disciplines NJC staff

What is the minimum years a person must be in practice to be appointed as a judge to the Federal High Court, FCT High Court and State High Courts respectively?

10 years post call

What is the minimum years a person must be in practice to be appointed as a judge of the Supreme Court?

15 years post call

What is the minimum years a person must be in practice to be appointed as a judge of the Court of Appeal?

12 years post call

What are the grounds for removal of judicial officers?

Misconduct, Breach of Code of Conduct, Inability to discharge functions (due to infirmity of mind/body)

How are heads of federal courts removed from office?

By President on NJC recommendation, supported by 2/3 Senate majority

How are heads of state courts removed from office?

By Governor, supported by 2/3 State Assembly majority

Which bodies are responsible for the discipline of lawyers in Nigeria?

Legal Practitioners Disciplinary Committee (LPDC), Supreme Court, Chief Justice of Nigeria, Nigerian Bar Association (NBA)

What laws and rules are applicable to the discipline of lawyers in Nigeria?

S. 12 Legal Practitioners Act, Rules of Professional Conduct 2023, Legal Practitioners Disciplinary Committee Rules

What are the four main professional offenses under the Legal Practitioners Act?

Infamous conduct in a professional respect, Conviction for offense incompatible with status of a legal practitioner, Obtaining enrollment by fraud, Conduct incompatible with status of legal practitioner.

What constitutes 'infamous conduct in a professional respect'?

Act/omission that brings profession into disrepute

Give examples of 'infamous conduct in a professional respect'?

Misappropriation of client funds, Willfully acting without client's authority, Concealing a will on client's instruction

What type of offence can make a legal practitioner guilty of 'Conviction for incompatible offence'?

Offenses involving financial dishonesty or endangering welfare of society

What constitutes 'Obtaining Enrolment by Fraud' for legal practitioners?

Misrepresentation of facts to obtain enrollment

Give examples of Conduct Incompatible with Status of a legal practitioner

Seduction of client's spouse, Habitual public drunkenness, Use of very foul language in public, Participation in street brawls

What are the main roles of the Legal Practitioners Disciplinary Committee (LPDC)?

Hears cases through 3-member panel. Proceedings initiated by Originating Application. Considers if there is prima facie case to answer. Holds hearings and makes determinations

What is the procedure for initiating proceedings at the LPDC?

Originating Application submitted with statement of allegations and supporting affidavit. Initial review to determine if prima facie case exists. If case to answer, documents served on respondent. Hearing date set and notice served on parties

If misconduct is proved, what directions can the LPDC give?

Name struck off the roll, Suspension from practice, Refund of funds/return of documents, Admonishment

How soon can an appeal from LPDC be filed to the Supreme Court?

Must be filed within specified timeframe

Besides the LPDC, which other authorities have disciplinary powers over legal practitioners?

Supreme Court, Chief Justice of Nigeria

What factors are considered for restoration to the roll of legal practitioners?

Gravity of original offence, Evidence of genuine remorse, Whether applicant now fit and proper, High degree of care exercised before restoration