SUPPLEMENTARY PROVISIONS AS TO THE LEGAL PRACTITIONERS’ DISCIPLINARY COMMITTEE
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SUPPLEMENTARY PROVISIONS AS TO THE LEGAL PRACTITIONERS’ DISCIPLINARY COMMITTEE
SECOND SCHEDULE TO THE LEGAL PRACTITIONERS ACT
1. The quorum of the disciplinary committee shall be five of whom three shall be persons mentioned in paragraphs (a) and (b) of section 10 (2) of this Act.
- (1) The Chief Justice of Nigeria shall make rules for the purposes of any proceedings and as to the procedure to be followed and the rules of evidence to be observed in proceedings before the disciplinary committee.
(2) The rules shall in particular provide-
(a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person against whom the proceedings are brought;
(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;
(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the disciplinary committee;
(d) for enabling any party to the proceedings to be represented by a legal practitioner;
(e) subject to the provisions of subsection (7) of section 11 of this Act, as to the costs of proceedings before the disciplinary committee;
(f) for requiring, in a case where it is alleged that the person against whom the proceedings are brought is guilty of infamous conduct in any professional respect, that where the disciplinary committee adjudges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates;
(g) for publishing in the Federal Gazette notice of any direction of the disciplinary committee which has taken effect providing that a person’s name shall be struck off the roll or that a person shall be suspended from practise.
3. It shall be the duty of the Solicitor-General of the Federation to afford to the disciplinary committee such facilities, whether by way of accommodation, secretarial assistance or otherwise, as the disciplinary committee may reasonably require for the purpose of its functions.
- (1) Subject to the provisions of section 10 of this Act a person appointed by the Benchers on the nomination of the association to be a member of the disciplinary committee shall, unless he previously resigns, hold office for such term, not exceeding three years, as may be specified in this instrument of appointment.
(2) A person ceasing to be a member of the disciplinary committee shall be eligible for reappointment as a member of that body.
(3) A person may, if otherwise eligible, be a member of both the disciplinary committee and the appeal committee; but no person who acted as a member of the disciplinary committee in any case shall act as a member of the appeal committee with respect to that case.
5. The Attorney-General of the Federation or of a State may, if he thinks fit, direct the Solicitor-General of the Federation or, as the case may be, of the State to act in his place as a member of the disciplinary committee for the purposes of any case; and references to an Attorney-General in this Schedule or section 10 of this Act shall be construed accordingly.
6. The disciplinary committee or the appeal committee may act notwithstanding any vacancy in its membership and no proceedings of the disciplinary committee or the appeal committee shall be invalidated by any irregularity in the appointment of a member thereof or by reason of the fact that any person who was not entitled to do so took part in the proceedings.
7. The disciplinary committee may sit in two or more divisions.
8. Any document authorised or required by this Act to be served on the disciplinary committee shall be served on the Solicitor-General of the Federation.
