ADDRESSING LAWYER MISCONDUCT IN NIGERIA:
YOUR COMPREHENSIVE GUIDE TO THE LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE (LPDC):
Introduction:
Nigeria’s legal system faces a significant challenge: Unethical conduct among some lawyers.
Every year, the Legal Practitioners Disciplinary Committee (LPDC) tackles hundreds, sometimes thousands, of complaints against lawyers. Understanding the various forms of professional misconduct, the avenues for redress, and recognizing your pivotal role in upholding legal ethics in Nigeria is essential.
Types of Lawyer Misconduct and How to File a Complaint:
Lawyers may violate various ethical standards, including conflicts of interest, mismanaging client funds, neglecting legal duties, and courtroom impropriety. Recent headlines spotlighting misappropriated funds and incendiary social media outbursts, underscore the severity of these actions and their erosion of public trust.
When encountering a lawyer’s unprofessional conduct, it is crucial to recognize available avenues for redress. The LPDC serves as the primary recourse for seeking justice against lawyer misconduct in Nigeria. Thoughtful documentation of misconduct, gathering compelling evidence ( e.g., emails, receipts, videos, photographs and witness statements), and lodging a formal complaint with the LPDC are fundamental steps toward accountability. Understanding the Nigerian Bar Association code of conduct and the LPDC’s procedures is essential for presenting strong evidence in a disciplinary action against a lawyer in Nigeria and holding erring lawyers accountable.
The LPDC’S Role and Penalties:
Established under the Legal Practitioners Act, the LPDC assumes a pivotal role in upholding ethical standards. The Committee is tasked with considering and determining any case where it is alleged that a person whose name is on the role has misbehaved in his capacity as a legal practitioner or should be the subject of proceedings under the Legal Practitioners Act for any other reason. Through investigation, hearings, and adjudications, the Committee ensures adherence to professional guidelines among lawyers in Nigeria.
Upon receiving a complaint, the LPDC initiates a thorough investigation. Both complainant and accused lawyer present their cases, followed by meticulous evidence examination, hearings, and deliberations culminating in a verdict.
The LPDC administers a spectrum of penalties to address lawyer misconduct, tailoring punishment to the offense’s severity. Here’s a breakdown of some potential consequences:
- Disbarment: The most severe penalty, reserved for egregious misconduct, permanently removes the lawyer’s license to practice in Nigeria.
- Suspension: A temporary ban on practicing law, ranging from a few months to several years.
- Reprimand: A formal public or private censure issued by the LPDC, highlighting the misconduct and serving as a warning.
- Monetary fines: Financial penalties can be imposed depending on the case, with potential restitution to the aggrieved party.
- Mandatory education: In some cases, the LPDC may require the lawyer to undergo additional training in ethics or specific legal areas.
Recent Cases and Collective Responsibility: Recent cases, such as Emeka Ephraim Ugwuonye’s disbarment, underscore the gravity of unethical conduct and the LPDC’s commitment to enforcing accountability. In October 2023, Olumide Tayo-Lawal was suspended from legal practice for a period of five years due to professional misconduct bordering on infamous conduct during performance of his duty as a legal practitioner. He was also ordered to refund the sum of N3,100,000.00. Failure to comply within three months will result in his name remaining off the register even after the suspension period. In May 2023, the LPDC suspended Edward Oseghale from practicing law for two years due to his misappropriation of funds belonging to his client, Mr. Kingsley Eigbokhan. The Committee also ordered Oseghale to refund the sum of N405,000.00 to Mr. Eigbokhan.
Upholding the ethical fabric of the legal profession requires collective effort. It necessitates the active participation of individuals who witness or experience unprofessional conduct. Reporting instances of unprofessional conduct strengthens the system, empowers victims, fosters a culture of accountability, and deters future transgressions. Unfortunately, awareness of the LPDC’s role remains inadequate. Launching awareness campaigns to bridge this gap and foster reporting is imperative.
Conclusion: Maintaining integrity in Nigeria’s legal landscape requires a concerted effort. While the LPDC stands as the guardian of ethical standards, its efficacy hinges on public awareness and active participation. Each reported case, each voice raised against professional misconduct, becomes a beacon of change, strengthening the legal system and preserving its sanctity.
How to File a Complaint Against a Lawyer in Nigeria:
Here is a step-by-step guide on filing a complaint against a lawyer in Nigeria:
- Document Professional Misconduct: Record details like dates, specifics, witnesses and evidence (emails, receipts, videos, photos, witness statements). Refer to the LPDC Rules 2020 for guidance.
- Choose your Filing Route: Choose your filing route, and submit your complaint to any of the following:
- the President of the Nigerian Bar Association, 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
- directly with the Legal Practitioners Disciplinary Committee (LPDC) at Body of Benchers Secretariat, Plot 688, Institute & Research District, behind EFCC Headquarters, FCC Phase III, Abuja, FCT, Nigeria. or
- the Chairman, Body or Benchers. or
- the Chief Justice of Nigeria. or
- the President of the Court of Appeal or any Presiding Justice of the Court of Appeal. or
- the Attorney-General of the Federation
- Complete FORMS 1 RULE 4(3) andFORMS 2 RULE 4(4) : Download the forms here. In your petition addressed to: The Chairman, Legal Practitioners Disciplinary Committee, Plot 688, Institution and Research District, FCC Phase III, Abuja, FCT; please describe the alleged misconduct in detail.
- Provide an Accompanying Affidavit of Facts: Sworn at the High Court, and attach all supporting evidence.
- Submit the Completed Documents: Do so preferably in person at the LPDC Offices, No. 688, Institute & Research District, Phase 111, Abuja, FCT. (Down the road from the EFCC Headquarters). The LPDC requires 10 copies.
- Investigation: The LPDC will investigate your complaint. They will contact you for additional information, if necessary. If the LPDC finds grounds for your complaint ( a prima facie case), they will forward your petition to the respondent (the lawyer) for their response.
- Expect Further Contact: The Complainant/Petitioner will then have another opportunity to respond to the Lawyer’s response.
- Hearing: Parties shall be contacted when a hearing is scheduled, where both parties present their cases.
- Decision: The LPDC will issue a decision and inform you of the outcome.
Additional Resources:
- Nigerian Bar Association website: https://www.nigerianbar.org.ng/
- Contact Senior lawyers at AWJAI offering guidance on filing complaints with the LPDC.
- Legal-Practitioners-Disciplinary-Committee- (LPDC) RULES-2020
- LPDC Application Forms: FORMS 1 RULE 4(3) and FORMS 2 RULE 4(4)
- Read Here Rules of Professional Conduct, 2023
- LPDC Abuja: 09072379288 (WhatsApp), 08054882463
Update [August 13, 2024]:
The Legal Practitioners Disciplinary Committee (LPDC) has announced through a notice on August 13, 2024, that the following individuals have been found guilty of various professional misconducts and have been sanctioned as follows:
- Abikoye Opeyemi Timothy (SCN034372): Ordered to be struck off the Roll of Legal Practitioners and to refund N2,359,000.00 to the Petitioner.
- Jonathan Chinedu Nwagwu (SCN052392): Suspended from legal practice for three years, effective April 24, 2024, and ordered to refund N1,943,043.70 to the Petitioner
- Edward Oseghale (SCN073464): Suspended from legal practice for two years effective May 8, 2023.
- Cyprian Obiora Ifeanyi Agwuna (SCN005675): Suspended from legal practice for two years, effective February 20, 2024.
By AWJAI Team
