A Critical Analysis Of The Jurisdiction Of The Legal Practitioners Disciplinary Committee To Punish Legal Practitioners In Nigeria For Misconduct

Abstract

This paper examines the jurisdiction conferred on the Legal Practitioners Disciplinary Committee 
(LPDC) by the Legal Practitioners Act to punish legal practitioners in Nigeria for misconduct. Its 
objective is to explore the categories of persons over whom the LPDC has jurisdiction, the nature 
of offenses they can be charged with and tried for, and whether or not a legal practitioner can be 
punished for misconduct unconnected to law practice. This study reveals that legal practitioners 
in non-practicing roles, such as business executives, civil servants, or law professors, remain 
connected to the legal profession. They are therefore subject to the disciplinary authority of the 
LPDC. Not all misconduct by a legal practitioner, outside of practicing law, leads to disciplinary 
action. The paper argues that legal practitioners should be disciplined for misconduct outside the 
scope of legal practice only if it is dishonest or harmful to the profession, particularly when such 
misconduct is amplified on the internet and social media. Furthermore, even though the LPDC 
has limited jurisdiction to handle disciplinary matters involving legal practitioners, it extends its 
involvement to misconduct that is unrelated to the practice of law. Such misconduct includes the 
ones committed on social media. In conclusion, not all misconduct by a legal practitioner, outside 
the law practice, leads to disciplinary action. Nevertheless, legal practitioners will be disciplined 
for misconduct outside the scope of legal practice only if it is dishonest or harmful to the 
profession. The paper recommends that it is imperative that the NBA monitor the activities of its 
members, particularly on social media. They should not wait to receive formal complaints from 
the public before taking appropriate measures to subject legal practitioners who bring the 
profession to disciplinary measures by the LPDC.