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A.C. ABUAH VS LEGAL PRACTITIONERS COMMITTEE

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A.C. ABUAH VS LEGAL PRACTITIONERS COMMITTEE

Legalpedia Citation: (1962-04) Legalpedia 50402 (SC)

In the Supreme Court of Nigeria

Holden at Lagos

Mon Apr 30, 1962

Suit Number: SC 24/1962

CORAM


ADEMOLA, JUSTICE SUPREME COURT

UNSWORTH, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

BAIRAMIAN, JUSTICE SUPREME COURT


PARTIES


APPELLANTS


LEGAL PRACTITIONERS COMMITTEE

RESPONDENTS 


AREA(S) OF LAW


LEGAL PRACTITIONERS ‘ COMMITTEE-PUNISHMENT APPLICABLE–APPEAL

 

 


SUMMARY OF FACTS

Mr. Abuah the appellant was convicted on three counts charging him with forgery, uttering and obtaining money by false pretences. Being dissatisfied with his sentence appealed to this Court.

 

 


HELD


We therefore order that the name of Mr. Alfred Chukwuemeka Abuah be struck off the roll of Legal Practitioners in Nigeria, and that this be communicated to the Benchers of the Honourable Society in England to which he belongs.

 

 


ISSUES


Whether conviction for a criminal offence is sufficient misconduct and a ground for striking a legal practitioner off the roll or suspend him temporarily from practice or reprimand him?

 

 


RATIONES DECIDENDI


GROUNDS FOR STRIKING OUT A NAME FROM THE ROLL


‘Where a legal practitioner is convicted of a criminal offence, prima facie, the conviction makes him unfit to continue as a practitioner.’ Per ADEMOLA CJF

 


GROUNDS FOR STRIKING OUT A NAME FROM THE ROLL


‘We think it is plain and it is commonsense that the Court is not bound to strike a man off the rolls unless it is satisfied that the criminal offence of which he has been convicted Is of such a nature as to make him unfit to practice without loss of self -respect, or whether one can still consider him a fit and proper person to be entrusted with the grave responsibilities which are demanded of a member of the profession.’ Per ADEMOLA CJF

 

 


GROUNDS FOR STRIKING OUT A NAME FROM THE ROLL


‘That an Attorney may be struck off the roll for an offence committed by him, not his character as an Attorney or having relation to his character as an Attorney.’ Per ADEMOLA CJF

 

 


CASES CITED


Re a Solicitor. Ex Parte Incorporated Law Society, 61 L.T. 842

Re Hill, L.R. 3 Q.B. 543

Re King (1845) 15 L.J. Q. B. 2

Re Weare, (1893) 2 Q.B. 439

 

 


STATUTES REFERRED TO


The Legal Practitioners Act

 

 


CLICK HERE TO READ FULL JUDGMENT

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