A high court sitting in Apo, Justice A.A Halilu of Court 53, has declared the report of the Nigeria Bar Association Investigative Panel, Committee which led to an originating application against a legal practitioner, Chibuzo Chukwueroka Ezike before the Legal Practitioner Disciplinary Committee (LPDC) delineated No. BB/LPDC/809/2022 null, void and of no effect whatsoever.
The court further declared that the report of the investigative panel which led to the originating application before the LPDC with No. BB/LPDC/809/2022 against Chibuzo Chukwueroka Ezike constitute a breach of his right to fair hearing pursuant to Section 36(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 7 and 9 of the African Charter on Human and Peoples Right.
Justice Halilu made this declaration while giving judgment on an application for the enforcement of fundamental rights filed before the court by Chibuzo Chukwueroka Ezike against five people; Registered Trustees of Nigeria Bar Association, Dr. Babatunde Ajibade (SAN), Mr. Oluwaseun Abimbola (SAN) as member of the NBA Investigative Panel, Dr. Monday Ubani and the Legal Practitioner Disciplinary Committee.
The court however ordered that parties to bear their costs, adding that it will not act on speculation and award damages against the respondents for publishing or authorising a publication subjecting the applicant to ridicule in the eyes of the public since it couldn’t lay its hands on the said publication in other to rely on it to enable it award the damages of Five Hundred Million Naira.
The court further held that while there is no doubt that the NBA is saddled with the responsibility of investigating its members upon a complaint made against them, the procedure adopted by the respondents having fail to adhere to the principle of natural justice for failing to afford the applicant fair hearing has made their entire action in that regard is null and void and of no effect whatsoever.
“The purported report that led to the filing of originating application to LPDC against the Applicant referred to as BB/LPDC/809/2022 is also declared null and void and of no effect whatsoever having fail to pass through the legitimate means of making same,” the court held.
