Legal Practitioners’ Disciplinary Committee v. Fawehinmi

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Legal Practitioners’ Disciplinary Committee v. Fawehinmi (Nemo judex in causa sua) Section 36 of 1999 CFRN

In this case the respondent was invited to answer to charges of professional misconduct, in that he engaged himself in ‘advertising, touting, and publicity’ by reason of a publication in a weekly newspaper before the appellant committee headed by the A.G federation. Gani Fawehinmi challenged the impartiality of committee that is to adjudicate the matter before the High court. He averred that the AG Federation who is his accuser, is also the president of the committee, and such formation is against the principle of fair hearing guaranteed by S.33 (1) of the 1979 constitution (now S.36 (1) of the 1999 Constitution. The court granted an order of prohibition to stop the committee from trying the matter as it was not constituted to secure its independence and impartiality.

Section 36 (2) of 1999 CFRN

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