WILLIE YADA VS THE STATE
August 14, 2025MADAM ROSE FADIYO VS SUNDAY IDEMUDIA EBAMAWO
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 21114
In the Supreme Court of Nigeria
Fri Nov 23, 1973
Suit Number: SC. 24/1973
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
IN RE: A.C. ABUAH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant, a legal practitioner whose name was struck off the roll after conviction, applied to restore his name after 12 years and after he had been pardoned.
HELD
The court held the application satisfied the conditions for the grant of the application.
ISSUES
Whether the applicants application ought to be granted
RATIONES DECIDENDI
CONDITIONS FOR THE GRANT OF AN APPLICATION TO RESTORE THE NAME OF A LEGAL PRACTITIONER TO THE ROLL UNDER SECTION 9(1)(A) OF THE LEGAL PRACTITIONERS ACT, 1962
In an application brought under Section 9(1)(a) of the Legal Practitioners Act, 1962, the court must in the exercise of its discretion whether or not to order a restoration of the name of an applicant to the Roll of Practising Barristers bear the following three main factors in mind:
The gravity of the offence or offences necessitating the striking off of the applicants name in the first instance.
Whether there is sufficient evidence of genuine remorse shown by the applicant in the period between the striking off of his name and the submission of his application for his reinstatement; and
Whether in all the circumstances of the case the court is satisfied that the applicant has in the intervening years become a fit and proper person to be re-incorporated as a member of the legal profession.- Elias CJN
CASES CITED
STATUTES REFERRED TO
The Legal Practitioners Act, 1962
