Appeal  

 

ODEKUNLE Omobolaji
Joined:2 weeks  ago
Posts: 11
June 11, 2019 9:46 am  

KUNLE KALEJAIYE V
THE LEGAL PRACTITIONERS DISCIPLINARY COMMITEE 2019 LPELR 47035-SC
COURT - COMPOSITION OF COURT: Effect of a variation in the composition of a court/tribunal

"I had the privilege of reading before now the judgement of my learned brother, Nweze JSC allowing the appeal because the membership of the Committee which found the appellant guilty of infamous conduct and directed that his name be struck out from the roll of legal practitioners in Nigeria was not consistent. The composition of the Disciplinary Committee is intrinsic to the fulfilment of the requirements of Section 36 of the Constitution that guarantees fair hearing to the accused. Where the panel is constituted in such a way that it affects a person's right to fair hearing, whatever decision is reached by such a panel will result in a nullity. See: Dr. O. G. Sofekun v. Chief N. O. Akinyemi & Ors (1980) 5-7 SC 1; Agbiti v. Nigerian Navy (2011) 4 NWLR (Pt. 1236) 175; Madukolu v. Nkemdilim (1962) 1 All NLR 587, Nwalutu v. Nigerian Bar Association Unreported decision No. SC.30/2016 delivered on 21 February, 2019. Section 11 (2) of the Legal Practitioners Disciplinary Committee (Amendment) Decree        Source: law pavilion


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