*For Abuse Of Court Process
Legal Practitioners’ Privileges Committee on Thursday withdrew the nomination for the conferment of the Award of the Senior Advocate of Nigeria on Ikhide Ehighelua.
In the letter dated 20th September 2018, signed by Chief Registrar of Supreme Court / Secretary, Legal Practitioners’ Privileges Committee, Hadizatu Uwani Mustapher, Esq, made available to TheNigerialawyer, the LPPC barred from applying for the Award of Senior Advocate of Nigeria for the next five (5) years or five applications beginning from 2019.
The letter further states that after the expiration of this period, Ikhide Ehighelua, Esquire would be at liberty to apply for the rank subject to good behavior as assessed by the Legal Practitioners’ Privileges Committee.
The letter partly reads:
LEGAL PRACTITIONERS’ PRIVILEGES COMMITTEE ANNOUNCES THE WITHDRAWAL OF THE NOMINATION FOR CONFERMENT OF THE RANK OF SENIOR ADVOCATE OF NIGERIA ON IKHIDE EHIGHELUA , ESQUIRE.
At the Emergency Meeting held on the 20th day of September 2018, the Legal Practitioners’ Privileges Committee by virtue of Section 5(1) of the Legal Practitioners Act, CAP L11, Laws of the Federation of Nigeria 2004 as amended, considered the petition written against the nomination of Ikhide Ehighelua Esquire for the Rank of Senior Advocate of Nigeria.
The Committee after a careful evaluation of the facts of the petition, the written reply by the respondent and attached documents, found the petition meritorious; that is the respondent knowingly engaged in gross abuse of court process on the following incontrovertible facts, namely:
- That Ikhide Ehighelua, Esquire instituted Suit No. A/36/2017 at High Court Issele-Uku, Delta State wherein he filed a motion for interim injunction which was dismissed for lack of merit.
- That Ikhide Ehighelua, Esquire subsequently filed a Notice of Appeal at the Court of Appeal, Benin Division and which appeal was properly entered by transmission of records to the Appeal Registry Benin in Appeal No. CA/B/220/2018.
- That while the appeal was pending, Ikhide Ehighelua, Esquire participated in the institution of a new Suit No. HCK/61/2018 at the High Court sitting in Kwale, Delta State on the same subject matter, between the same parties and seeking the same reliefs as in Suit No. A/36/2017 which was pending at the High Court Issele-Uku and subject of Appeal No. CA/B/220/2018.
- That on the 30th day of July 2018, when the Motion ex-parte was granted, Ikhide Ehighelua, Esquire personally moved the motion for the interim injunction against the defendant and obtained all the injunctive reliefs that were dismissed in Suit No. A/36/2017 and subject of Appeal No. CA/B/220/2018. He subsequently wrote a letter dated 31st July, 2018 to the Executive Governor of Delta State notifying him of the existence of the Interim Injunction above.
- That Ikhide Ehighelua Esquire being an officer in the temple of justice and an aspirant to the exalted position of Senior Advocate of Nigeria has conducted himself in a manner which is clearly in contravention with the provisions of paragraph 22(2) (a) & (c) and 23(a),(b),(c)& (d) of the 2018 Guidelines of the conferment of Senior Advocate of Nigeria.
The aforementioned provision reads:-
22- (2) The Candidate must be of good character and must have no pending
disciplinary case or complaint relating to professional misconduct against him.
A Candidate shall be considered ineligible if in the opinion of the Legal
Practitioners’ Privileges Committee the candidate is adjudged to be of the
(a) Bad behaviour, whether in or out of court ; poor temperament or
propensity to insult or assault people or cause them harm or put them in
state of fear of bodily harm ;
(c) Evidence of moral depravity or other socially unacceptable behaviour.
23 —(1) A Candidate must—
(a) demonstrate high professional and personal integrity ;
(b) be honest and straightforward in all his professional/personal dealings ;
(c) be of good character and reputation ;
(d) be candid with clients and professional colleagues ;
In view of the above, the Committee has decided as follows:
- That the nomination for the conferment of the Award of the Senior Advocate of Nigeria on Ikhide Ehighelua, Esquire on July 12, 2018 is hereby withdrawn;
- That Ikhide Ehighelua, Esquire is hereby barred from applying for the Award of Senior Advocate of Nigeria for the next five (5) years or five applications beginning from 2019; and
- That after the expiration of this period, Ikhide Ehighelua, Esquire would be at liberty to apply for the rank subject to good behaviour as assessed by the Legal Practitioners’ Privileges Committee.
Hadizatu Uwani Mustapha, Esq.
Chief Registrar of Supreme Court/Secretary,
Legal Practitioners’ Privileges Committee
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