LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE (LPDC): COMPLAINT AND DISCIPLINARY PROCESS

The Legal Practitioners Disciplinary Committee (LPDC) is responsible for handling matters relating to the professional conduct and discipline of legal practitioners in Nigeria. This guide provides an overview of the types of matters that may arise before the LPDC and explains the principal stages of the complaint and disciplinary process.

WHAT THE LPDC HANDLES

The LPDC deals with matters relating to the professional conduct and discipline of legal practitioners, including the following:

1. Professional Misconduct
   • Cases where a legal practitioner is accused of violating applicable rules of professional conduct, including breaches of ethics, dishonesty, and unethical conduct in legal practice.
2. Gross Misconduct
   • More serious violations of professional standards, including corruption, fraudulent activities, or conduct capable of bringing the legal profession into disrepute.
3. Negligence
   • Cases involving alleged gross negligence in handling a client’s matter resulting in significant harm or loss.
4. Conviction of a Criminal Offence
   • Instances where a legal practitioner has been convicted of a criminal offence which may affect his or her fitness to continue in legal practice.
5. Breach of Trust
   • Cases involving the misuse or misappropriation of clients’ funds or property, or other breaches of fiduciary duty.
6. Failure to Adhere to Court Orders
   • Cases involving failure to comply with court orders or conduct amounting to contempt of court.
7. Unprofessional Behaviour
   • Other conduct considered unprofessional or unbecoming of a legal practitioner, including inappropriate client relations, conflicts of interest, or misrepresentation.

If you believe that a lawyer has acted unethically or breached applicable professional obligations in Nigeria, you may have the right to lodge a formal complaint. The sections below provide a general guide to the complaint and disciplinary procedure.

OVERVIEW OF THE LPDC COMPLAINT AND DISCIPLINARY PROCESS

STEP 1: SUBMISSION OF ORIGINATING APPLICATION (RULE 4)

Any person aggrieved by the actions of a legal practitioner duly called to the Nigerian Bar may forward an Originating Application in writing to any of the following persons:

1. Chief Justice of Nigeria;
2. Attorney-General of the Federation;
3. President of the Court of Appeal or any Presiding Justice of the Court of Appeal;
4. Chairman, Body of Benchers;
5. 
   President of the Nigerian Bar Association at
   
   
   NBA HOUSE, PLOT 1101 MUHAMMADU BUHARI WAY, CENTRAL BUSINESS DISTRICT, ABUJA, FCT, NIGERIA
   
   
   or the Chairman of a Branch of the Nigerian Bar Association;
   
6. 
   The Legal Practitioners Disciplinary Committee directly at
   
   
   Body of Benchers Secretariat, Plot 688, Institute & Research District, behind EFCC Headquarters, Jabi, Abuja, FCT, Nigeria
   
   .
   

The application must be supported by:

1. A statement of allegation;
2. An affidavit of facts; and
3. All supporting documents.

Where the application is made by the Nigerian Bar Association:

1. Sufficient copies of the Originating Application and supporting documents;
2. A time estimate for the substantive hearing; and
3. A schedule of the Association’s costs incurred up to and including the date on which the Originating Application is made.

For a lay application: an application made directly by an aggrieved person or through counsel must be accompanied by the prescribed copies of the Originating Application and supporting documents.

STEP 2: CERTIFICATION OF CASE TO ANSWER (RULE 5)

1. The Chairman assigns a committee member to consider and assess the complaint.
2. If satisfied that there is a case to answer, the committee member certifies accordingly.
3. If there is doubt, the complaint may be referred to a three-member panel for further consideration.
4. If no case is established, the application may be refused or dismissed in accordance with the applicable Rules, and written reasons may be provided to the Applicant.

STEP 3: SERVICE ON THE RESPONDENT

Upon certification of a case to answer, the Secretary serves the Respondent or Respondents with the applicable documents, including:

1. The Originating Application;
2. Supporting documents and affidavit or affidavits; and
3. Notice of Hearing.

STEP 4: FILING THE DEFENCE (AFFIDAVIT OF RESPONSE)

The Respondent is required to file and deliver the prescribed response to the Secretary of the LPDC.

1. An affidavit disclosing the defence together with supporting affidavits, evidence or documents relied upon.
2. The Committee may, where permitted by the Rules, proceed on affidavit evidence alone.
3. A party intending to cross-examine a deponent must comply with the prescribed notice requirements.
4. Where no party requires the attendance of a witness, the Committee may determine the Originating Application on affidavit evidence, subject to the Rules.
5. Where a deponent is required to attend but fails to do so, the party relying on that affidavit may be required to justify reliance on it.

STEP 5: SUPPLEMENTARY STATEMENTS AND ADDITIONAL EVIDENCE (RULE 6)

An Applicant may, subject to the Rules and applicable directions of the Committee, submit supplementary statements containing additional material facts, affidavits, documents or further allegations.

1. A supplementary statement may contain additional material facts or documents relied upon.
2. Where required, the supplementary statement must be supported by an affidavit setting out the new facts and matters relied upon.
3. Applications by the Nigerian Bar Association may be subject to additional requirements regarding copies, hearing estimates, costs and future directions.
4. Lay applications may also be subject to prescribed requirements regarding copies and supporting documents.
5. The use of supplementary statements may be restricted by the applicable Rules and the stage of proceedings.

STEP 6: FIXING THE HEARING DATE AND SERVICE OF NOTICE (RULE 12)

1. The Secretary fixes a hearing date upon the appropriate direction of the Chairman or Presiding Member.
2. Service may be effected through the methods provided under the applicable Rules.
3. Where a party is represented by counsel, service may be effected on counsel in accordance with the Rules.
4. The prescribed minimum notice period must be observed.

STEP 7: HEARING OF THE COMPLAINT

1. The Nigerian Bar Association appoints Prosecuting Counsel where applicable.
2. The hearing procedure is governed by the applicable LPDC Rules and relevant Practice Directions.
3. The hearing may proceed in the absence of a party who has been duly served, subject to the applicable Rules.

STEP 8: FINAL SUBMISSIONS (RULE 20)

1. The Panel may direct parties or their counsel to file and serve written addresses.
2. Oral clarification may be permitted in accordance with the applicable Rules and directions of the Panel.

STEP 9: DECISION AND SANCTIONS

Finding of Not Guilty

Where the applicable disciplinary standard is not satisfied, the Committee may record a finding that the legal practitioner is not guilty in respect of the allegations.

Possible Sanctions

Where the applicable allegations are established, the Committee may exercise the powers available to it under the relevant legislation and Rules.

• Striking Off: directing the removal of the legal practitioner’s name from the Roll.
• Suspension: suspension from legal practice for the applicable period.
• Restitution or Compliance: directions relating to funds, documents or other matters arising from the complaint.
• Admonition: a formal warning or admonition.

PROCEDURAL FLEXIBILITY AND DISCRETIONARY POWERS OF THE LPDC

Adjournment of Proceedings

The Disciplinary Committee may adjourn proceedings in accordance with the applicable Rules and may impose appropriate terms or conditions.

Power to Waive Procedural Requirements

The Committee may, where authorised by the applicable Rules and where justice requires, dispense with specified procedural requirements.

Power to Extend or Abridge Time

The Committee may exercise its powers concerning the extension or abridgment of prescribed periods where permitted by the applicable Rules.

POST-HEARING ACTIONS, REVIEWS AND ADMINISTRATIVE OUTCOMES

A. Reconsideration and Review of Decisions

Rehearing of Proceedings

A party who was absent at a hearing may have rights under the applicable Rules to seek a rehearing within the prescribed period.

Revocation of Findings Based on Quashed Decisions

Where an LPDC decision was based solely upon a decision that is subsequently quashed or set aside, the applicable Rules may provide for an application concerning the revocation or review of the disciplinary decision.

B. Enforcement and Administrative Formalities

Costs of Proceedings

The LPDC may exercise powers concerning costs in accordance with the applicable Rules and circumstances of the proceedings.

Publication of Decisions

Decisions imposing sanctions may be published where required by applicable legislation or the Rules.

Record of Proceedings

Proceedings may be recorded in writing or electronically in accordance with applicable provisions. Persons entitled under the Rules may obtain copies subject to applicable requirements and fees.

C. Right of Appeal

A party dissatisfied with an LPDC decision may have a right of appeal in accordance with the applicable legislation and Rules, subject to prescribed procedures and time limits.

CONCLUSION: KEY PROCEDURAL POINTS TO NOTE

As you engage with the disciplinary process before the Legal Practitioners Disciplinary Committee, the following procedural points are particularly important:

1. 
   Service of Complaint and Scheduling:
   
   Once the complaint progresses beyond the applicable preliminary stage, the Respondent may be served with the relevant processes and the parties may receive notice of further proceedings.
   
2. 
   Determination at the Preliminary Stage:
   
   The applicable Rules may permit the Committee to determine preliminary questions on the basis of the documents and materials before it.
   
3. 
   Finding of a Case to Answer:
   
   Where the applicable threshold is met, the matter proceeds in accordance with the LPDC Rules.
   
4. 
   Dismissal Where the Required Case Is Not Established:
   
   Where the applicable requirements are not satisfied, the complaint may be refused or dismissed in accordance with the Rules.
   
5. 
   Possible Sanctions:
   
   Where misconduct is established, sanctions may include striking off, suspension, restitution or compliance directions, admonition, or other directions authorised by law.
   

ADVISORY NOTE: DOCUMENTARY EVIDENCE AND NON-TESTIFYING PETITIONERS

Context:

The treatment of petitions and supporting documents in disciplinary proceedings may raise important questions concerning admissibility, fair hearing and the manner in which documentary evidence is introduced.

Key Considerations for Legal Practitioners and Prosecuting Counsel

1. 
   Documentary Evidence Must Be Properly Introduced:
   
   Documents relied upon for the truth of their contents should be introduced through an appropriate witness where required by applicable evidentiary principles.
   
2. 
   Administrative Staff May Have Limited Evidential Capacity:
   
   A witness may be able to establish the existence or custody of a document without necessarily proving the truth of all matters contained in it.
   
3. 
   The Availability of the Petitioner May Be Important:
   
   Where the contents of a petition are relied upon as evidence, the ability of the opposing party to test the evidence may raise important fair-hearing considerations.
   

Practical Considerations

Parties and counsel should carefully consider the evidence required to establish the allegations and ensure that relevant witnesses are available where necessary. Reliance solely on documentary material without an appropriate evidential foundation may create difficulties concerning admissibility or probative value.

KEY JUDICIAL AUTHORITIES ON LPDC PROCEEDINGS

The following authorities are important decisions concerning the conduct, standards and procedural requirements applicable to proceedings before the Legal Practitioners Disciplinary Committee.

1. MUYIDEEN v. NBA & ANOR (2021) LPELR-55885(SC)

Issue: Nature of LPDC proceedings and the effect of absence of fair hearing.

Principle:

The case is relied upon for the importance of fair hearing in disciplinary proceedings and the serious consequences that may follow where applicable procedural safeguards are not observed.

2. GBENOBA v. LPDC & ANOR (2021) LPELR-53064(SC)

Issues considered include: panel composition, fair hearing, allegations of bias and the treatment of documentary evidence.

Principle:

The case raises important issues concerning procedural fairness, participation in disciplinary proceedings and the evidential foundation required when documents are relied upon to establish the truth of disputed allegations.

3. KALEJAIYE v. LPDC & ANOR (2019) LPELR-47035(SC)

Issue: Participation in the disciplinary process and questions relating to procedural fairness and apprehension of bias.

Principle:

The authority is relevant to the importance of ensuring that disciplinary proceedings are conducted fairly and without circumstances capable of undermining confidence in the impartiality of the process.

CONCLUSION

Professional discipline is essential to maintaining the standards and integrity of the legal profession. At the same time, proceedings before the LPDC must be conducted in accordance with the applicable law, Rules and principles of procedural fairness.

Complainants, Respondents, legal practitioners and all persons involved in disciplinary proceedings should pay careful attention to applicable procedural requirements, service requirements, evidential rules and prescribed timelines.