Withdrawal Of SAN Title : Court Strikes Out B.E.I Nwofor's Claim, Says It Lacks Merit

B.E.I Nwofor had previously approached the Court praying for among other things an order pronouncing that his right to fair hearing has been breached contrary to S. 36 of the 1999 Constitution and other relevant instruments; an order that the pronouncement of the withdrawal of the Applicant’s rank as SAN by the respondent as conveyed by the respondent letter is a nullity; an order setting aside the decision and as well directing the respondent to tender a full, unqualified and unreserved written apology to be published in the media. TheNigerialawyer recalls that upon a complaint written by the Chief Registrar of the Court of Appeal against the applicant to the Chairman of the LPPC at the Supreme Court seeking for the investigation and taking of action against the applicant supposed unethical behaviour to the Court of Appeal that was Said to be contrary to the Rules of Professional conduct, 2007, the respondent name was withdrawn after due investigation was conducted by the committee set up for that purpose. The respondent however faulted the procedure saying that he was not given fair hearing accordingly and also that the Hon. Chief Justice of Nigeria sat as chairman of the LPPC and considered the petition against him, having earlier founded an adverse opinion against him. The court having considered the processes before it, concluded that the right to fair hearing of the applicant was not breached as the right procedure was followed to the letter. Also that the records of proceedings have not shown that the Chairman of the committee in person of the Hon. Chief Justice of Nigeria, Justice Walter Onnoghen presided as part of the coram. In addition, the cost awarded against the applicant in the appeals presided by the Chief Justice of Nigeria was a decision given in his judicial capacity which the Court lacks power of jurisdiction to either review or re-open. Below is the Copy of the Judgement in PDF Format [pdf-embedder url=”https://thenigerialawyer.com/wp-content/uploads/2017/11/B.-E.-I.-NWOFOR-JUDGMENT.pdf” title=”B. E. I. NWOFOR JUDGMENT”]]]>