Presumed Guilty Until Proven Otherwise?

The attire of the Senior Advocate of Nigeria holds great reverence within the legal community. Removing it prematurely could lead to significant upheaval.

The LPPC has revoked Mike Ozekhome's position prior to the conclusion of his disciplinary hearing, referencing "integrity." However, it hasn't explained to Nigerians the reason behind this action, and that secrecy has become the actual issue under scrutiny.

The LPPC's choice to put Ozekhome's SAN status on hold during an investigation has sparked intense reactions within both legal and general communities. This issue now extends beyond a single attorney; it concerns openness, proper procedures, and whether Nigeria's highest legal recognition is managed responsibly.

On Tuesday, the committee disclosed that Ozekhome has been suspended "to maintain the integrity, honor, and reputation" of the SAN title. The specific accusations were not mentioned.

This is where the issues begin. Nobody claims that SANs should be exempt from disciplinary action. The real issue is whether a lawyer should bear such a severe temporary penalty prior to reaching a final decision, and before the public is aware of the specific accusations.

Trust in the Bureau depends on procedures, rather than merely results. When an organization issues a suspension promptly yet delays clarifying the behavior involved, rumors begin to spread.

The LPPC did not specify the allegations. However, the situation is known publicly. The case originated from a property dispute in London and subsequent legal actions in Abuja.

The property at 79 Randall Avenue, North London, is under dispute. In September 2025, a UK tribunal determined that the home had not been transferred to Ozekhome as alleged. The ruling uncovered fake paperwork and identity fraud, and dismissed a 2021 transfer reportedly made by someone named Tali Shani.

Nigeria was aware. AGF Lateef Fagbemi mentioned that officials would examine the tribunal's conclusions. Later, investigators claimed that a passport and an irreversible power of attorney associated with the case were fake.

The case was taken out of the UK. Nigerian officials launched investigations and pressed criminal charges involving fraud, identity theft, and similar offenses. In February, the Attorney General's Office revised the charges and brought Ozekhome along with Ponfa Useni before the FCT High Court in Maitama. Both denied the allegations. The legal proceedings are still underway. No Nigerian court has validated the judgment from the UK.

Following this, the LPPC made an announcement during its 173rd General Assembly. In a declaration authored by Secretary and Supreme Court Chief Registrar Kabir Akanbi, the panel mentioned that the suspension was precautionary pending investigation into the claims. Ozekhome was instructed not to continue presenting himself as aSAN.

The timing has caused suspicion. If the UK decision is the cause, then why take action now, several months after? The lack of information implies there could be additional reasons that the LPPC decided not to reveal.

This isn't the initial temporary penalty. In 2010, the LPPC placed former AGF Michael Aondoakaa on hold following a disciplinary complaint. The matter remained unresolved. A committee was established, leading to a two-year suspension once the investigation results were released.

In 2017, following complaints and replies, the panel removed B.E.I. Nwofor's SAN status. It reinstated the position in September 2021.

At times, the LPPC takes a pause. In January 2018, it revoked Kunle Ogunba's SAN status following an investigation into claims of submitting numerous petitions to various judges. Following a reassessment and submission of new paperwork, the status and rights were reinstated in September 2018.

The situation varies. At times, temporary suspensions occurred initially. In other instances, actions were taken after the findings. The key absence in Ozekhome's case is an explicit public declaration of the accusations that led to this outcome.

The LPPC has the authority to implement temporary actions. However, these typically involve clear justifications, established processes, and safeguards to prevent unnecessary delays.

This leads to another question: If this situation is short-term, when will it start appearing as a penalty rather than a preventive measure?

Concerns increase when comparing Ozekhome to Nigeria's political landscape. Officials and former leaders accused of serious offenses frequently retain their privileges, run for office, and maintain power as legal proceedings continue indefinitely.

Former Kogi State governor Yahaya Bello faces charges from the EFCC related to money laundering, violation of duty, and misuse of funds amounting to approximately N110.4 billion and N80.2 billion. Despite this, he recently secured victory in the APC senatorial primary for Kogi Central and is expected to run again in 2027. He remains legally considered innocent until proven otherwise.

Former Attorney General Abubakar Malami also follows this trend. There were petitions and requests for inquiries during his time in office. Certain individuals called for a reassessment of his Senior Advocate of Nigeria (SAN) credentials. Despite facing legal actions related to alleged terrorist activities, illegal possession of weapons, and an N8.7 billion money laundering case involving relatives, he still holds his position. He continues to be involved in politics as the 2027 elections approach.

The LPPC hasn't clarified why Ozekhome received an immediate suspension prior to the completion of disciplinary processes, whereas other SANs involved in controversies weren't subjected to comparable temporary actions. Did this happen because Malami was the Attorney General when the petitions were submitted? Or was there another factor involved?

Numerous earlier instances can be found. Prior to the 2007 gubernatorial election in Abia State, Theodore Orji was arrested by anti-corruption officials. He remained on the candidate list, secured victory, and took office. The legal and political paths proceeded concurrently.

No part of this suggests that Ozekhome should have immunity. It questions why politicians retain their perks until the final decision is made, whereas a lawyer loses the advantages of SAN before disciplinary action is completed.

The legal system states that accusations do not equate to criminal responsibility. This principle ensures justice and prevents unjust treatment before trial proceedings.

This does not signify an assertion of Ozekhome's innocence or guilt. Rather, it calls for a procedure that the general population can have confidence in.

Supplied by SyndiGate Media Inc. ( Syndigate.info ).

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