The Body of Benchers has taken a significant step towards addressing the uncertainty surrounding appeals from the Legal Practitioners Disciplinary Committee (LPDC) proceedings. On 17 September 2026, the Body of Benchers appointed an Ad Hoc Committee, chaired by Hon. Justice K.B. Akaahs, JSC (Rtd.), to examine issues relating to appeals from LPDC proceedings. This move comes after Chief J-K Gadzama, SAN, challenged the LPDC's 29 July 2026 decision.
The challenge by J-K Gadzama, SAN, has brought to the forefront a fundamental question of legal administration and professional reform. According to lawyer and legal commentator, Vincent Ogbona, the latest decision of the Body of Benchers has brought into sharp focus a question that has been at the centre of the ongoing challenge by Chief J-K Gadzama, SAN. Ogbona noted that the Supreme Court's decision in Ben Mene-Ejegi v. Nigerian Bar Association & Legal Practitioners Disciplinary Committee has significant implications for the LPDC's proceedings.
The Supreme Court's decision in Ben Mene-Ejegi, which held that it lacked jurisdiction to entertain a direct appeal from the LPDC to the Supreme Court, has created uncertainty about the appellate process. The Court's decision declared Section 12(7) of the Legal Practitioners Act void, as it purported to create a direct appeal route to the Supreme Court. This has placed the Court of Appeal within the constitutionally recognised appellate structure, but the present statutory framework does not provide a clear and operational route from the LPDC to the Court of Appeal.
The absence of a clear appellate framework has significant implications for lawyers who may be affected by LPDC decisions. According to Ogbona, the present position raises a fundamental question: can the LPDC continue to determine matters carrying potentially serious professional sanctions when there is presently no clearly operational statutory appellate mechanism through which an aggrieved lawyer can challenge its decision? The constitution of the Ad Hoc Committee by the Body of Benchers is a significant step towards addressing the immediate uncertainty.
However, a lasting solution to this problem will require legislative intervention. The National Assembly will need to amend the Legal Practitioners Act to establish a clear, constitutionally compliant, and accessible appellate framework for decisions of the LPDC. This will include determining the appropriate route to the Court of Appeal and, where applicable, onward to the Supreme Court. Until such a framework is established, serious questions remain about the continued operation of the disciplinary process.
The issue raised by the present circumstances extends beyond Chief J-K Gadzama, SAN, and concerns every Nigerian lawyer who may, at some point, find themselves before the LPDC. A disciplinary system must protect the public and uphold professional standards, but it must also guarantee fairness, due process, and a meaningful opportunity for an affected practitioner to challenge an adverse decision. The guardians of justice cannot themselves be left without a clear path to justice.
The Ad Hoc Committee of the Body of Benchers now has an opportunity to help provide the immediate clarity required, while the National Assembly has the opportunity to provide the enduring legislative solution. Ultimately, this issue is no longer simply about where one lawyer can appeal, but about where every lawyer can appeal, and ensuring that those who stand as the last hope of the common man are not themselves left without hope.
Key points
- The Body of Benchers has formed an Ad Hoc Committee to examine appeals from LPDC proceedings.
- The Supreme Court's decision in Ben Mene-Ejegi has created uncertainty about the appellate process for LPDC decisions.
- A lasting solution to this problem will require legislative intervention to establish a clear appellate framework.
