LEGAL PROFESSION ā Legal Practitioners Disciplinary Committee ā Nature of Proceedings Before the Committee
Principle Statement
Any person accused of a criminal offence must be tried in a court of law recognised for that purpose in the constitution. The LPDC has no authority to try for misappropriation or theft under the Penal Code or Criminal Code. Disbarment is a disciplinary measure, not criminal punishment.
Ratio Decidendi (Source)
Per Musdapher, JSC, in Okike v. LPDC (2005) NLC-582004(SC) at pp. 20ā21; Paras DāB.
"I think it is settled law, that any person accused of a criminal offence must be tried in a 'court of law,' recognised for that purpose in the constitution. No other tribunal, investigation panel, or committee will do. The respondent herein, has no authority to try the appellant for the offence of misappropriation or theft under the Penal Code Law or the Criminal Code... The direction by the respondent to disbar the appellant is a disciplinary measure and not a criminal punishment."
Explanation / Scope
LPDC proceedings are disciplinary, not criminal. The Committee cannot impose criminal punishment or try criminal offences. The principle applies to legal profession regulation and constitutional law. The rule distinguishes professional discipline from criminal justice. Disbarment is a regulatory sanction, not penal. Criminal charges for misappropriation must go to regular courts, not the LPDC.
