ECOWAS court, NICN urged to quash LPPC suspension of Ozekhome’s SAN rank

The Community Court of Justice of the Economic Community of West African States, ECOWAS, and the National Industrial Court of Nigeria, NICN, have been asked to quash the suspension of the Senior Advocate of Nigeria, SAN, rank of a constitutional lawyer, Mike Ozekhome, by the Legal Practitioners Privileges Commission, LPPC.

The decision to suspend Ozekhome’s SAN rank was taken at the 173rd general meeting of the LPPC, held on June 23, 2026.

The LPPC, in a statement signed by its Secretary and Chief Registrar of the Supreme Court of Nigeria, Kabir Akanbi, said the decision was taken in order to safeguard the integrity, dignity and prestige of the SAN rank. The statement added that the action was taken in line with Paragraph 26(6) of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria and all Matters Pertaining to the Rank, pending the final determination of disciplinary proceedings presently before the Disciplinary and Ethics Sub-Committee of the LPPC.

However, an association of Nigerian lawyers, the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, which had earlier asked the LPPC to withdraw the suspension on the grounds that the action was sub-judice as it relates to issues that are subject to pending litigation, has approached the ECOWAS Court of Justice and the National Industrial Court to challenge the decision.

In the suit which has Federal Republic of Nigeria and Ozekhome as 1st and 2nd respondents, the plaintiff, ALDRAP, asked the ECOWAS Court of Justice to declare that the 1st Respondent, through the LPPC, violated Ozekhome’s right to a fair trial and to be presumed innocent until proved guilty, as guaranteed by Article 7 of the African Charter on Human and Peoples’ Rights, by suspending him from the rank of Senior Advocate of Nigeria while he is yet to be found guilty of any offence and without affording him an opportunity to be heard.

The court was also asked to declare that the Nigerian government, acting through the Attorney-General of the Federation and Minister of Justice, violated Ozekhome’s right to equality before the law and equal protection of the law, guaranteed by Article 3 of the African Charter, by selectively taking over his prosecution while failing to take over the prosecution of other Senior Advocates of Nigeria, SANs, facing credible allegations of corruption, and by discriminating against him in comparison to Abubakar Malami, SAN.

The plaintiff in the same vein asked the court to declare that the 1st Respondent, acting through the LPPC and the Attorney-General, violated its right to freedom of association, guaranteed by Article 10 of the African Charter, by interfering with its internal affairs and its right to confer recognition upon its members.

ALDRAP equally asked the ECOWAS Court of Justice to declare that the 2nd Respondent, Ozekhome, having established a track record of human rights and public interest litigation since the 1980s, and being a Senior Advocate of Nigeria, failed in his duty to bring a public interest litigation against the unconstitutional actions of the 1st Respondent’s organs, which failure constitutes a dereliction of duty and has undermined the rule of law in Nigeria.

The ECOWAS Court was therefore asked to issue an order setting aside the decision of the LPPC, dated 23rd June, 2026, suspending the 2nd Respondent from the rank of Senior Advocate of Nigeria. The court was equally asked to order the 1st Respondent to restore the 2nd Respondent to the rank of Senior Advocate of Nigeria with immediate effect.

The plaintiff also wants the ECOWAS Court of Justice to order the 1st Respondent to pay compensation to the 2nd Respondent in the sum of N500 million for the violation of his rights to a fair trial, dignity, equality before the law, and freedom from discrimination. The court was equally asked to order the 1st Respondent to cease all persecution of the 2nd Respondent and to ensure that he is afforded a fair trial in accordance with the provisions of the African Charter and other applicable international human rights instruments.

The plaintiff asked the ECOWAS Court of Justice for an order of provisional measures pursuant to Article 20 of Protocol A/P.1/7/91, directing the 1st Respondent to immediately restore the 2nd Respondent (Ozekhome) to the rank of Senior Advocate of Nigeria pending the final determination of the suit.

Stating grounds for the suit, the plaintiff noted that there is a prima facie case of violations of the 2nd Respondent’s rights under the African Charter, adding that the 1st Respondent (Nigerian government) is a Member State of ECOWAS and is bound by the decisions of the court.

The suit filed at the National Industrial Court of Nigeria has the Chairman of the LPPC, Mr Kabir Akanbi, Secretary, LPPC, Ozekhome and the Attorney-General of the Federation, AGF, as respondents.

The plaintiff, ALDRAP, asked the court to declare that the AGF’s decision to take over Ozekhome’s prosecution by the ICPC amounted to selective justice, having regard to the fact that he failed to take over the trial of other SANs facing similar charges.

The court was also asked to set aside Ozekhome’s suspension on the grounds that it is the Legal Practitioners Disciplinary Committee, LPDC, and not the LPPC, that has the power to conduct disciplinary investigations.

The plaintiff asked the industrial court to declare that the suspension amounted to selective justice and double standards, and a violation of Section 36(9) of the Constitution of the Federal Republic of Nigeria and the rule against double jeopardy, “whereas the same LPPC has not imposed suspension of the use of the SAN rank upon the former AGF and Minister of Justice, Abubakar Malami, SAN, who is currently undergoing criminal charges and prosecution by the EFCC and DSS”.

The plaintiff, in the same vein, prayed the court for “an order quashing the decision of the 1st, 2nd and 3rd Defendants to suspend the 4th Defendant (Ozekhome) from the rank of Senior Advocate of Nigeria, and all actions, steps, or proceedings taken, or to be taken thereto” and “an order of mandamus compelling the 1st, 2nd and 3rd Defendants to restore the 4th Defendant (Ozekhome) to the rank of Senior Advocate of Nigeria pending the determination of all legal proceedings against him”.