THE Nigerian Bar Association (NBA) has kicked against the suspension of former Attorney-General of the Federation Mr. Michael Kaase Aondoakaa, by the Legal Practitioners Privileges Committee (LPPC) from the rank of Senior Advocates of Nigeria.

It urged the Committee to reverse itself, saying it did not have powers to discipline senior members of the bar.

Aondoakaa was suspended from using the title SAN and enjoying the privileges of the exalted position for a period of six months pending investigation into a petition against him alleging misconduct

The NBA, in a statement by its President, Mr Joseph Daudu (SAN), said the LPPC notwithstanding its eminent membership, was not equipped to deal with matters of discipline.

It added that its action on such matters as discipline of a lawyer under the guise of stripping a person of the rank of SAN was ultra vires, illegal, unconstitutional and therefore null and void.

According to the association, the NBA had never considered a petition alleging indiscipline made against prospective candidates for the conferment of SAN because it recognises its lack of powers to do so.

What it does is to forward such petitions to the Legal Practitioners’ Disciplinary Committee (LPDC) for action, the NBA said.

"The NBA regrets that the action of the LPPC herein is fundamentally flawed. A petition is a mere allegation which carries with it the presumption that the object is presumed innocent until proven guilty.

"It is condemnable to punish a person with the full weight of the law i.e. suspension or temporary stripping of the rank of SAN and public odium attached to it and at the same time admit that the petition has not been proved.

"The NBA is appalled that elementary principles of law and procedure have been bypassed in this instance. We stand for the promotion of the Rule of Law regardless of the personality of the person involved.

"We cannot acquiesce to a situation where a person, legal practitioner or senior advocate, is punished even before the allegations are established against him, more so, by a body that clearly has no jurisdiction to inquire into matters of alleged breach of professional ethics.

"The danger here, if not confronted, is that every senior advocate is now subject to the purported disciplinary jurisdiction of the LPPC. Unless and until the laws are changed, the power to discipline a legal practitioner, silk and non-silk alike, is vested exclusively in the Legal Practitioners’ Disciplinary Committee," NBA said.

The lawyers disagreed with those who support LPPC’s actions with the argument that any Body that is empowered to appoint expressly possesses implicit powers to remove its appointees from office, according to Section 11-(1)-(a)-(c) of the Interpretation Act.

"The Legal Practitioners Act under the maxim generalia specialibus non derogant (the special provision displaces the general) does not envisage a withdrawal, removal or suspension of the rank of Senior Advocate of Nigeria, except in circumstances set out in sections 10, 11 and 12 of the Legal Practitioners Act," it said.

NBA said that from its conception, the rank of SAN is a leadership position and is conferred only on persons who have shown exemplary character as well as distinction in advocacy.

"Consequently it can only be taken away where another statutory body, the Legal Practitioners Disciplinary Committee, adjudges the person accused of infamous conduct or breach of any of the rules of professional conduct (which the petition alleges that Aondoakaa has breached in this case) guilty.

"The NBA concludes by advising the LPPC to have a second look at the matter and to reverse itself on the steps it has taken so far.

"From all indications, the personality, subject matter of the LPPC’s actions is not loved by most legal practitioners and Nigerians; but whether saint or villain, the Rule of Law is constant and on this occasion as with others, the NBA chooses to err on the side of the Rule of Law," NBA said.