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KUNLE KALEJAIYE v. THE LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE & ANOR

(2019) LPELR-47035(SC)

In The Supreme Court of Nigeria

On Friday, the 15th day of March, 2019

SC.429/2015


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

KUNLE KALEJAIYE - Appellant(s)

AND

1. THE LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE [LPDC]
2. NIGERIAN BAR ASSOCIATION - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.

FACTS:
This is an appeal against the decision of the Legal Practitioners' Disciplinary Committee.
At the Legal Practitioners' Disciplinary Committee, Kunle Kalejaiye, the appellant in this appeal, was charged on three-count complaint by the Nigeria Bar Association, for engaging in a conduct unbecoming of a legal practitioner contrary to Rules 1, 15, 30, 31, 34, 36 and 55 of the Rules of Professional Conduct for Legal Practitioners (RPC).
At the end of it all, the Committee found the appellant guilty of infamous conduct in the course of the performance of his duty as a legal practitioner. It thus, directed the Chief Registrar of the Supreme Court to strike out his name from the roll of legal practitioners in Nigeria. The Committee, further, directed that its order, as contained in the direction, be published, immediately, in any edition of the Punch Newspaper. The said order, the Committee finally directed, should be served on Heads of all superior Courts of the Federation, the Inspector General of Police and all the Commissioners of Police.
Being dissatisfied with the decision of the Legal Practitioners' Disciplinary Committee, the appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal based on a sole issue thus:
"Having regard to the Constitution of the Committee, whether its decisions/directions dated 21 May, 2015 are not totally in breach of the appellant's right to fair hearing, and altogether, null and void?"

DECISION/HELD:
In the final analysis, the Supreme Court allowed the Appeal, the decision and the final direction of the Legal Practitioners' Disciplinary Committee were set aside.


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