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•Overrules NBA, LPDC
The report of the Nigerian Bar Association (NBA) Investigative Panel Committee which led to an originating application against a legal practitioner, Chibuzo Chukwueroka Ezike before the Legal Practitioners Disciplinary Committee (LPDC) marked No. BB/LPDC/809/2022, has been declared null, void and of no effect whatsoever.
The report was thrown out by Justice A. A Halilu of the High Court of the Federal Capital Territory, Apo.
The judge further held that the report of the investigative panel constitutes a breach of his right to a fair hearing pursuant to Section 36(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 7 and 9 of the African Charter on Human and Peoples Right.
Justice Halilu decided while passing judgment on an application for the enforcement of fundamental rights filed by Ezike against five people; Registered Trustees of Nigeria Bar Association, Dr Babatunde Ajibade (SAN), Mr Oluwaseun Abimbola (SAN) as members of the NBA Investigative Panel, Dr Monday Ubani and the Legal Practitioners Disciplinary Committee.
The court, however, ordered that parties should bear their costs, adding that it will not act on speculation and award damages against the respondents for publishing or authorizing a publication subjecting the applicant to ridicule in the eyes of the public since it could not lay its hands on the said publication in other to rely on it to enable it award the damages of Five Hundred Million Naira.
The court further held that while there is no doubt that the NBA is saddled with the responsibility of investigating its members upon a complaint made against them, the procedure adopted by the respondents having failed to adhere to the principle of natural justice in failing to afford the applicant fair hearing has made their entire action in that regard, null and void and of no effect whatsoever.
According to Justice Halilu, "The purported report that led to the filing of originating application to LPDC against the applicant referred to as BB/LPDC/809/2022 is also declared null and void and of no effect whatsoever, having failed to pass through the legitimate means of making the same”.
The judge equally stopped the LPDC from acting on the pending originating application against Ezike before it, as it has been declared null and void and of no effect whatsoever.
Justice Halilu who further held that Ezike has a legal duty to seek timely judicial protection whenever he smells danger and not to wait until the rope is tight around his neck for execution and does have to wait for the LPDC to act on the NBA's report that indicted him without hearing his side of the story, without availing him with the copy of the complaint written against him and without giving him a copy of the NBA Report sent to LPDC, posited that “I am of the view that the respondents breached the rules of natural justice for their failure to communicate the complaint to the applicant and give him reasonable time to react to the same.
“The respondent’s notice of preliminary objection dated 10-6-2022 is hereby dismissed for lacking in merit.
"Accordingly, judgment is entered for the applicant against the respondents”.
Recall that Ezike had filed a suit through his legal representative, Emeka Ozoani (SAN), before the court, asking for a declaration that the NBA Investigative Report which looked into conflicting judgments on some political cases which indicted him of professional misconduct and led to the filing of Petition No BB/LPDC/809/2022 against him before the LPDC, and which was widely published in different media platform without affording him the opportunity of being heard throughout the period of the purported investigation is a breach of his right to fair hearing as provided under Section 36(2) of 1999 Constitution of Federal Republic of Nigeria (as amended) and Articles 7 and 9 of the African Charter On The Human And Peoples Rights (Ratification And Enforcement) Act Cap A9, Laws Of The Federation Of Nigeria 2004 and encapsulated in Latin Maxim Audi Alterem Partem.
In reaction, Ezike's lawyer, Ozoani (SAN), stated that “the judgment was incisive, well-considered in substance and a proof that the court is the last hope of the common man. We commend his lordship”.
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