The Legal Practitioners Disciplinary Committee is responsible for handling cases related to the professional conduct and discipline of legal practitioners in Nigeria. Specifically, the LPDC deals with:
- Professional Misconduct:
- Cases where a legal practitioner is accused of violating the rules of professional conduct, which are established by the Nigerian Bar Association (NBA) or other governing bodies. This includes breaches of ethics, dishonesty, and unethical behavior in the practice of law.
2. Gross Misconduct:
- More severe violations of the legal profession’s ethical standards, such as corruption, fraudulent activities, or actions that bring the legal profession into disrepute.
3. Negligence:
- Cases where a legal practitioner is accused of gross negligence in handling a client’s case, leading to significant harm or loss to the client.
4. Conviction of a Criminal Offense:
- Instances where a legal practitioner has been convicted of a crime, particularly those involving moral turpitude, which may render them unfit to practice law.
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 where a legal practitioner fails to comply with court orders or shows contempt of court.
7. Unprofessional Behavior:
- Any other behaviors that are considered unprofessional or unbecoming of a legal practitioner, such as inappropriate client relations, conflict of interest, or misrepresentation.
The LPDC’s decisions can lead to sanctions ranging from fines and suspension to disbarment, depending on the severity of the misconduct.
If you believe a lawyer has acted unethically or breached professional conduct in Nigeria, you have the right to lodge a formal complaint. This guide provides a clear, step-by-step process to help you navigate the complaint procedure and seek redress through the appropriate legal channels.
Disclaimer
This guide is for general informational purposes only and does not constitute legal advice. The content may not reflect current laws or procedures. Consult a qualified legal professional for advice tailored to your situation. We do not assume responsibility for actions taken or not taken based on this guide.
OVERVIEW OF THE LPDC COMPLAINT AND DISCIPLINARY PROCESS
Step 1: Submission of Originating Application (Rule 4 (1)
Any person aggrevied 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:
(I) Chief Justice of Nigeria; or,
(II) the Attorney-General of the Federation; or,
(III) the President of the Court of Appeal or any Presiding Justice of the Court of Appeal; or,
(IV) the Chairman, Body of Benchers; or,
(V) the 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; or,
(VI) The Legal Practitioners Disciplinary Committee directly at Body of Benchers Secretariat, Plot 688, Institute & Research District, behind EFCC Headquarters, Jabi, Abuja, FCT, Nigeria
NOTE THAT where an Originating Application and the supporting documents is received by any of the persons specified above other than the Legal Practitioners Disciplinary Committee itself, such application shall be forwarded within 30 days thereafter to the Legal Practitioners Disciplinary Committee. (Rule 4(2).
The application must be supported by:
(I) A statement of allegation,
(II) An affidavit of facts, and
(III) All supporting documents (Rule 4(4).
NOTE THAT in the case of an Originating Application made by the Nigerian Bar Association, such application must be accompanied by the following:
(I) sufficient copies of the Originating Application and supporting documentats to enable the Committee to retain six complete sets and to serve one complete set on each Respondent
(II) a time estimate for the substantive hearing; and
(III) a schedule of the Association’s cost incurred up to and including the date on which the Originating Application is made. (Rule 4(5).
FURTHER NOTE THAT in the case of a lay application (i.e) any application made directly by an aggrieved person or their counsel, such Application must be accompanied by three copies of the Originating Application and supporting documents and one further copy for each of the Respondent. (Rule 4(6).
Step 2: Certification of Case to Answer (Rule 5)
(I) The Chairman assigns a committee member to consider and access the complaint. (Rule 5(1).
(II) If satisfied that there is a case to answer, the committee member certifies so. (Rule 5(2).
(III) If in doubt, the complaint is referred to a 3-member panel which may also include the initial committee member, for a further consideration of the complaint. If satisfied that there is a case to answer, the 3-member panel certifies so. (Rule 5(3).
(IV) If no case is established, the application may be refused or dismissed by the 3-member panel without requiring the Respondent to answer the allegations and without hearing the Applicant. The Applicant must however be provided with written reasons explaining the decision to refuse or dismiss the allegations. (Rule 5(4).
Step 3: Service on the Respondent (Rule 5(5)
Upon certification, the Secretary serves the Respondent(s) with the documents mentioned in Rule 4 (4), (5) & (6) which includes the following documents:
(I) Originating Application,
(II) Supporting documents and affidavit(s),
(III) Notice of Hearing.
Step 4: Filing the Defence (Affidavit of Response)
The Respondent must file and deliver to the Secretary of the LPDC:
(I) An affidavit disclosing defence within 24 days of service of the Originating Application on him or her, together with all other affidavits and additional evidence or documents he or she intends to rely on in his defence. (Rule 10(1)
(II) The Disciplinary Committee may in its discretion, proceed and act upon the affidavits of the parties alone provided that the Committee in its discretion may, in deserving circumstances permit the hearing of oral evidence or may summon any deponent for the purpose of cross-examination. (Rule 10(2).
(II) If intending to cross-examine any deponent, he or she must give written notice to the other party, not later than 9 days before the date for the hearing, to produce the deponent at the hearing for the purpose of cross-examination. (Rule 10(3).
(IV) If no party requires the attendance of a witness in accordance with the provisions of the rule, the Committee may proceedto determine the Originating Application on the basis of the affidavit evidence alone. (Rule 10(4).
(V) If a deponent fails to attend a hearing when required to do so, the onus shall be on the party seeking to rely on the affidavit of the said deponent to show why his affidavit should be relied on as evidence.
Step 5: Supplementary Statements and Additional Evidence (Rule 6)
(I) An Applicant may send supplementary statements to the Committee containing additional material facts, affidavits, or documents on which he or she seeks to rely on or further allegations in support of the Originating Application. (Rule 6(1).
(II) A supplementary statement must be supported by an Affidavit of Facts setting out any new allegations, facts and matters supporting the Originating Application and each allegation contained within it and exhibiting any new documents relied upon by the Applicant. (Rule 6(2).
(III) In the case of an Originating Application made by the Nigerian Bar Association, when a supplementary statement is sent to the committee, it must be accompanied by sufficient copies of the supplementary statement on oath and supporting documents to enable the Committee to retain six sets and to serve a complete set on each Respondent, a revised time estimate for the substantive hearing, a revised schedule of the Association’s cost incurred up to and including the date on which the supplementary statement is sent, and, any proposed direction for the future progression of the case, including any proposal to vary any existing directions. (Rule 6(3).
(IV) In the case of a lay application (i.e) any application made directly by an aggrieved person or their counsel, such Application must be accompanied by sufficient copies of the supplementary statement on oath and supporting documents to enable the Committee to retain six sets and to serve a complete set on each Respondent. (Rule 6(4).
(V) No supplementary statement shall used without the leave of the committee more than 6 months from the date of the initial Application and less than 30 days before the date fixed for the substantive hearing of the Application. (Rule 6(5).
Effect of Late Filing
If supplementary documents are filed too close to the hearing date, the other party may object to their admissibility, or seek an adjournment to allow proper review. To avoid such objections, it is advisable to comply with the prescribed timeline for the filing supplementary materials.
Step 6. Fixing the Hearing Date and Service of Notice (Rule 12)
(I) On the direction of the Chairman/Presiding member of a Panel, the Secretary of the panel shall fix a date for the hearing of the Originating Application and serves notice on each party to the proceedings. (Rule 12(1)
(II) Service methods include personal delivery, service by registered post, email, courier service to the office or residence of each party to the proceedings. In the case of a Respondent legal practitioner, service method includes registered post or courier service to his or her principal place of business or his/her last known place of abode or national newspaper publication (Rule 12(2).
(III) Where a party to the proceedings is represented by a counsel, service of any process meant for the party may be effected on their counsel in the same manner provided before and such service shall be deemed good and sufficient. (Rule 12(3).
(IV) A minimum of 15 days’ notice must be given (Rule 12(4).
Step 7: Hearing of the Complaint
(I) The NBA appoints a Prosecuting Counsel. (Rule 8)
(II) The Evidence Act and strict Codes of Evidence does not apply in relation to LPDC proceeding and the procedure for hearing are in accordance with the provisions of the Rules as well as the Practice Directions issued by the Disciplinary Committee under the hand of the Chairman. (Rule 9)
(III) The hearing can proceed in the absence of a party who was duly served (Rule 13).
Step 8: Final Submissions (Rule 20)
(I) The panel may direct parties or their counsel to file and serve written addresses.
(II) Oral clarification of not more than 10 minutes may be allowed per party, however, if any party or their counsel are absent, the Committee may deem the address filed on behalf of the party as having been presented.
Step 9: Decision and Sanctions
(I) Finding of Not Guilty (Rule 21)
Where the Disciplinary Committee finds that the allegations of infamous conduct in a professional respect have not been proved, it shall record a finding that the legal practitioner is not guilty in respect of the matters to which the allegation relates.
(II) Sanctions for Infamous Conduct (Rule 22)
If the Committee finds that the allegation has been proved, it may issue one or more of the following directions:
(a) Striking Off
Order the Registrar to strike the name of the legal practitioner off the Roll.
(b) Suspension
Suspend the legal practitioner from practice for a specified period.
(c) Restitution or Compliance
Direct the refund of funds or the release of documents/other items arising from the subject matter of the complaint by the legal practitioner.
(d) Admonition
Issue a formal warning or admonition to the legal practitioner.
Proviso: The Committee may impose more than one sanction concurrently if the circumstances warrant it.
(III) Sanctions for Lesser Misconduct (Rule 23)
Where the LPDC finds that the Respondent committed misconduct that does not amount to infamous conduct, it may give such direction as the circumstances require, provided it is not inconsistent with provisions of the Legal Practitioners Act.
PROCEDURAL FLEXIBILITY AND DISCRETIONARY POWERS OF THE LPDC
(I) Adjournment of Proceedings Rule 19
The Disciplinary Committee may adjourn any hearing either on its own motion, or upon application by a party to the proceedings. The adjournment may be granted on terms, which may include costs against the party seeking the adjournment, or other conditions as the Committee deems appropriate.
(II) Power to Waive Procedural Requirements (Rule 28)
The Disciplinary Committee may, where it deems it just to do so, dispense with any requirement relating to Notices, Affidavits, Documents, Service Timelines. Non-compliance with the Rules does not render proceedings void unless the Committee specifically directs so.
(III) Power to Extend or Abridge Time (Rule 29)
The Committee may, in any case Extend or abridge the time prescribed for doing any act under the Rules.
POST-HEARING ACTIONS, REVIEWS, & ADMINISTRATIVE OUTCOMES
These provisions govern what happens after the LPDC has rendered its decision, including rehearing applications, appeals, revocations, cost orders, and publication of decisions.
A. Reconsideration and Review of Decisions
(I) Rehearing of Proceedings (Rule 14)
A party who was absent at the hearing may apply for a rehearing within 14 days of the decision. The Disciplinary Committee may grant the application upon such terms as to costs or otherwise as it deems fit, if satisfied that it is just that the matter should be re-heard.
(II) Revocation of Findings Based on Quashed Judgments (Rule 24)
If the LPDC’s decision was based solely on a criminal conviction, court order, or disciplinary direction that is later quashed or set aside, the LPDC may revoke its decision upon application by the NBA or Respondent, and Make a just order on costs.
B. Enforcement and Administrative Formalities
(I) Costs of Proceedings (Rule 25)
The LPDC may order any party to bear the costs of proceedings, taking into account the party’s conduct and all surrounding circumstances.
(II) Publication of Decisions (Rule 26)
Where no appeal is pending, decisions imposing sanctions (under Rule 22 or 24) shall be published in the Federal Gazette once effective.
(III) Record of Proceedings (Rule 27)
All proceedings must be recorded in writing or electronically. Any party who appeared is entitled to obtain a certified copy upon payment of fees. The Secretary shall supply to any person entitled to be heard upon an appeal against the Direction of the Disciplinary Committee, and to the Association but to no other person, a copy of the record of proceedings on payment of such fees as prescribed under rule 31 of the Rules or as may be determined by the Disciplinary Committee.
C. Right of Appeal
Any party dissatisfied with the LPDC’s decision may appeal to the Supreme Court within 28 days of receiving notice of the decision.
CONCLUSION: KEY PROCEDURAL POINTS TO NOTE
As you engage with the disciplinary process under the Legal Practitioners Disciplinary Committee (LPDC), please take note of the following important procedural highlights:
(I) Service of Complaint and Scheduling
Once a petition is submitted and a case to answer is established, the complaint will be served on the Respondent. The Complainant will be notified if and when a hearing is scheduled.
(II) Determination Without Oral Hearing at Pre-Hearing Stage
At the pre-hearing stage, the LPDC panel may determine whether a prima facie case exists based solely on the documents submitted, without hearing from the parties orally.
(III) Finding That a Case to Answer Exists
If the panel finds that a prima facie case has been made out against the Respondent based on the documents, it shall expressly state so. The matter then proceeds to a formal hearing. The Committee may or may not provide detailed reasons for its conclusion at this stage.
(IV) Dismissal for Lack of Prima Facie Case or Failure to Prove Misconduct
If no prima facie case is disclosed on the documents, the petition may be dismissed outright at the case-to-answer stage. If a hearing is held and the Committee finds that the allegations have not been proved, it shall record a finding of not guilty in accordance with Rule 21 of the LPDC Rules 2020.
(V) Possible Sanctions Upon a Finding of Misconduct
Where misconduct is proven, the Committee may impose one or more of the following: Striking off the practitioner’s name from the Roll, Suspension from legal practice for a specified period, Refund of funds or return of documents to affected parties, Admonition or formal warning.
These measures are provided under Rules 22–24 and are subject to appeal.
ADVISORY NOTE: TENDERING OF DOCUMENTS BY NON-TESTIFYING PETITIONERS IN LPDC PROCEEDINGS
Context:
The Supreme Court’s decision in Gbenoba v. LPDC & Anor (2021) LPELR 53064(SC) provides a definitive pronouncement on the inadmissibility of petitions and attached documents tendered through a third party—such as a secretariat staff—where the actual petitioners fail to appear to adopt and speak to the contents.
Key Takeaways for Legal Practitioners and Prosecuting Counsel:
(I) Documentary Evidence Must Be Admitted Through a Proper Witness:
Petitions and supporting documents submitted to the Nigerian Bar Association (NBA) cannot be treated as evidence of their contents unless the petitioner appears in person to adopt the statement and submit to cross-examination.
(II) Documents Tendered by Administrative Staff Are Not Sufficient:
A secretariat staff or administrative officer of the NBA may only prove the existence of the petition, but not its truth. Such documents are documentary hearsay when tendered without a sponsoring witness.
(III) Failure to Call the Petitioner Renders the Petition Inadmissible:
In Gbenoba, the Supreme Court held that the use of a petition to ground a finding of misconduct, without the petitioner appearing to adopt it, was a fundamental breach of fair hearing and an egregious misapplication of evidentiary principles.
Petitioners Are Parties Who Must Appear or Be Represented:
As per Rule 7 of the LPDC Rules, an Applicant is a party to the proceedings. If the Applicant fails to appear in person or through counsel, the complaint risks being treated as abandoned.
Practical Advice for Prosecuting Counsel and the NBA:
Ensure that the complainant is ready to testify or appear through legal representation. Do not rely solely on the fact that a prima facie case was earlier established to justify the use of documentary petitions at trial without oral adoption. Objectively assess whether the absence of a petitioner will undermine the probative value of your case. Where the petitioner is unavailable, consider whether alternative admissible evidence exists to prove the alleged misconduct.
Consequences of Non-Compliance:
Documents admitted without a sponsoring witness may be struck out on appeal. The entire proceedings may be vitiated for breach of fair hearing, particularly where credibility is central and cross-examination was denied. Disciplinary directions based on such inadmissible evidence are liable to be reversed by the Supreme Court.
KEY JUDICIAL AUTHORITIES ON LPDC PROCEEDINGS
These decisions are some of the most authoritative Supreme Court decisions on the conduct, standards, and admissibility of evidence in proceedings before the Legal Practitioners Disciplinary Committee (LPDC). They remain the benchmarks for ensuring fairness, legality, and due process in professional disciplinary hearings against legal practitioners in Nigeria.
1. MUYIDEEN v. NBA & ANOR (2021) LPELR-55885(SC)
Issue: Nature of LPDC proceedings; effect of absence of fair hearing
“The nature of proceedings at the LPDC is quasi-criminal and quasi-judicial… Accordingly, absence of fair hearing vitiates the proceedings of the LPDC, a quasi-judicial body, no matter how well the decision may have been written.”
— Per Ejembi Eko, JSC
Principle:
Given the serious consequences of LPDC proceedings—including disbarment—the strict observance of fair hearing under Section 36 of the Constitution is mandatory. Any denial of a party’s right to be heard nullifies the entire process.
2. GBENOBA v. LPDC & ANOR (2021) LPELR-53064(SC)
Issue 1: Panel composition and fair hearing
“Where the panel which sat and heard the complaint is different from the panel that found the appellant guilty… the proceedings and decision reached are a nullity.”
— Per Abdu Aboki, JSC
Issue 2: Participation of the Chairman and alleged bias
“There has not been an invidious usurpation of roles here to lead to the unavoidable conclusion that there would be likelihood of bias by the chairman.”
— Per Helen Ogunwumiju, JSC
Issue 3: Whether documents not adopted by petitioners are admissible
“Without a witness adopting and speaking to the petition to prove the truth of its contents, it is documentary hearsay and inadmissible as credible evidence.”
— Per Helen Ogunwumiju, JSC
Principles:
The same panel must sit throughout the proceedings; any variation violates the right to fair hearing. The Chairman of the LPDC need not recuse himself unless he personally participated in investigating the complaint or has a pecuniary interest. A petition not adopted or tendered by its author, and not subject to cross-examination, is hearsay and has no probative value.
3. KALEJAIYE v. LPDC & ANOR (2019) LPELR-47035(SC)
Issue: Improper participation of NBA officials and reasonable apprehension of bias
Principle:
If the President or any senior official of the NBA who is not authorized under the Rules personally transmits a complaint, it may create a reasonable apprehension of bias. LPDC proceedings must be free of partisan influence.
Conclusion
These decisions form the judicial framework guiding the LPDC. They collectively stress that while enforcing professional discipline is critical, it must never come at the expense of Procedural consistency, Fair hearing, Proper evidence, and Judicial impartiality. All parties—whether complainants, respondents, or the panel—must act within these safeguards to preserve the integrity of disciplinary adjudication.
