Urgent.News

What's breaking now, across thousands of outlets.

World

The Gadzama Case: Can the Federal High Court Quash an LPDC Direction?

This article by Umar Sanusi Garba Kalambaina, examines the questions arising, after the Legal Practitioners Disciplinary Committee (LPDC) directed that Chief J-K Gadzama, OFR, SAN, be suspended for three years. The

The recent Gadzama case has raised significant questions surrounding the Federal High Court's ability to quash an LPDC Direction. The Legal Practitioners Disciplinary Committee (LPDC) had directed that Chief J-K Gadzama be suspended for three years, but the Supreme Court has closed the traditional route for an appeal. Now, the case has been brought to the Federal High Court, where Judge Obiora-Atuegwu Egwuatu has granted Chief Gadzama leave to apply for judicial review and seek an order of certiorari to quash the LPDC Direction.

While the Federal High Court has not quashed the LPDC Direction, its grant of leave to seek judicial review is a crucial distinction. The certiorari remedy allows the High Court to call up the decision of a body exercising judicial or quasi-judicial functions for potential quashing based on appropriate grounds. The key question now is whether the LPDC's Direction can be subjected to certiorari, and if so, under what circumstances the Federal High Court can interfere with the Direction.

The Gadzama case also highlights the statutory right of appeal within the LPDC disciplinary system, which has faced controversy due to the lack of a functional Appeal Committee of the Body of Benchers. The recent Supreme Court decisions have complicated the issue, leaving a debate over the proper appellate mechanism for LPDC decisions.

The parties involved in the Federal High Court proceedings include the Body of Benchers, the LPDC, the Chief Registrar of the Supreme Court, and legal representatives. The inclusion of the Chief Registrar of the Supreme Court is unclear, and the reasons behind the joinder remain unknown. As the case progresses, these questions will likely be addressed by the court.

Written by urgent.news from This Day's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

Read the original at thisdaylive.com →

More in World

Court Restrains Lizzy Anjorin Over Priscilla Ojo Mkambala’s Son

A Lagos State High Court has restrained Nollywood actress, Elizabeth Lawal, popularly known as Lizzy Anjorin, from publishing or circulating photographs of the one-year-old son of actress Priscilla…

  • Lagos State High Court issues restraining order against Lizzy Anjorin.
  • Order prohibits publishing/sharing images of Priscilla Ojo Mkambala's son.
  • Restriction applies to social media platforms including Instagram and Facebook.

More from Monday 7 September →