National Telescope national telescope newspaper
The High Court in Apo, located in the Federal Capital Territory, declared the Nigeria Bar Association’s (NBA) investigative panel report against Chibuzo Chukwueroka Ezike to be null and void.
Justice A.A. Halilu made this known while giving judgment on an application filed by Ezike against Registered Trustees of Nigeria Bar Association, Dr. Babatunde Ajibade (SAN), Mr. Oluwaseun Abimbola (SAN), Dr. Monday Ubani, and the Legal Practitioner Disciplinary Committee (LPDC), all members of the NBA investigative panel.
Halilu said, “The report from the investigative panel constituted a breach of Ezike’s right to a fair hearing, according to Section 36(2) of the Nigerian Constitution and Articles 7 and 9 of the African Charter on Human and Peoples Right.”
The court instructed the parties to handle their costs and decided not to award damages against the respondents for publishing or authorizing a publication that subjected the applicant to public ridicule. This was due to a lack of evidence regarding the said publication, preventing the award of damages amounting to N500 million.
The court further held that the NBA’s procedure for investigating its members, though important, failed to follow principles of natural justice and fair hearing, rendering their actions ineffective.
Halilu stated, “The purported report that led to the filing of originating application to LPDC against the Applicant referred to as BB/LPDC/809/2022 is also declared null and void and of no effect whatsoever having failed to pass through the legitimate means of making the same.”
The court additionally restrained the LPDC from acting on the pending originating application against Ezike, as it was deemed null and void.
Halilu emphasized that Ezike has a responsibility to seek judicial protection promptly, rather than waiting until it’s too late. He highlighted that the legal practitioner need not wait for the LPDC to act on the NBA’s report without giving him a chance to respond.
Halilu ruled, “I am of the view that the respondents breached the rules of natural justice for their failure to communicate the complaint to the applicant and give him a reasonable time to react to the same.”
He dismissed the respondent’s notice of preliminary objection and entered judgment in favor of the applicant.
Ezike had filed a suit through his legal representative, Emeka Ozoani (SAN), requesting a declaration that the NBA Panel’s report investigating conflicting judgments on political cases, which accused him of professional misconduct and led to Petition No BB/LPDC/809/2022 before the LPDC, breached his right to a fair hearing.
This was in accordance with Section 36(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 7 and 9 of the African Charter on Human and Peoples Rights (Ratification And Enforcement) Act Cap A9, Laws Of The Federation Of Nigeria 2004, encapsulated in the Latin maxim Audi Alterem Partem.
(Inside Oyo)
