By Rex Enabulele
Nigerian Bar Association (NBA) has called on the new leadership of the Body of Benchers to take drastic and urgent measures in checkmating the growing professional misconduct within the legal profession.
misconductsNBA’s President Olumide Akpata said he was concerned about the declining capacity of the Legal Practitioners Disciplinary Committee (LDPC) to effectively deal with cases of unethical conduct to function among lawyers. Akpata urged the Body of Benchers to ensure an urgent reform of the LDPC to enable it functions effectively so as to restore public confidence in the legal profession.
He spoke at an event held to commemorate the change of leadership at the Body of Benchers in Abuja intimidate, detain, prosecute and imprison activists, journalists, bloggers, and social media users. “In its judgment, the ECOWAS Court held that ‘The court has the jurisdiction to hear and determine the suit, The Trumpet gathered.
In a plethora of decisions, the court has upheld that the mere allegation of human rights violations is sufficient to invoke this human rights mandate pursuant to Article 9 (4) of the Supplementary Protocol.’”
“In view of the fact that this application is premised on hu- man rights violations pursuant to Article 9(4) of the supplementary protocol, the court holds that it has jurisdiction to hear and determine the suit.
“According to the ECOWAS Court, ‘The allegation of SERAP before the Court for determination on merit is whether the provision of the Cybercrime Act has violated the right to freedom of expression, information, opinion, and privacy in contravention of Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Convention on Civil and Political Rights.
“The ECOWAS Court then stated that, ‘Section 24 of the Cybercrime Act is not in conformity with Article 9 of the African Charter and Article 19 of the International Convention on Civil and Political Rights. As for reparation, Nigerian Government is ordered to amend section 24 of the Cybercrime Act, in accordance with the obligations under Article 1 of the African Charter of Human and Peoples’ Rights.
“SERAP also notes that by virtue of Article 24(4) of the Protocol A/P.1/7/91 relating to the ECOWAS Community Court of Justice as amended by the Supplementary Protocol A/ SP.1/01/05 in January 2005, every member state of the Economic Community of West African States is required to designate a National Authority for the enforcement of the judgments of the Community Court of Justice.”
A Senior Advocate of Nigeria, Chief Wole Olanipekun, had succeeded former Supreme Court judge, Justice Olabode Rhodes-Vivour as Chairman.
Akpata, while appealing to the new chairman to look closely at the issue of discipline alongside the issue of the LPDC said, “Members of public, right now have very little confidence in the LPDC and they believe that we are shielding many of our colleagues who have committed one infraction or the other.”
He called for the establishment of more panels to enable LPDC sits across the country. “Right now, we have cases/ petitions piled up, waiting to be heard.
As the President of the Bar, I get calls everyday from people who feel that they have been hard done by lawyers; who feel that some lawyers have misconducted themselves in cases involving them, and they think we are not doing enough in terms of disciplining erring lawyers.
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“It is a one-year term, as the Chairman of the Body of Benchers. It is not a very long tenure. But, as the Chairman, I know if he puts his mind to it, I am sure he (Olanipekun) can totally revamp the LPDC to ensure that our citizens regain confidence in the legal profession, not only that we are competent and can service the public, but that we can discipline our own”, the NBA president added.
Speaking earlier, Olanipekun,who becomes the body’s 50th Chairman, said he is humbled by his new assignment and assured of his commitment to lift the body and the profession by building on the enviable foundation laid by his predecessors in office.
According to him, “I am humbled, honoured and ecstatic at the matchless and remarkable opportunity afforded me to lead and pilot the affairs of the Body of Benchers for the next one year, having been elected as the ViceChairman on 25th March, 2021.
“In whatever position I found myself, I have always striven to represent our noble profession as an ambassador and exemplar, displaying the learning, good character and virtues which the law profession is reputed for, to the admiration of the non-legal communities.”
Pledged to continue to give his all to the services of the Body of Benchers as Chairman for the next year,’calling for cooperation, understanding, assistance, advice and counsel of members. “Nobody knows it all, and no man born of woman can boast of monopoly of wisdom. I am not insular”, he said.
