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Lawyers demand reversal of Ozekhome’s SAN pending trial
Bonaventure Phillips Melah
The suspension of Prof. Mike Ozekhome’s Senior Advocate of Nigeria (SAN) rank, has generated a fresh controversy and legal battle as a group of lawyers has urged the Legal Practitioners’ Privileges Committee (LPPC) to immediately reverse its decision pending the conclusion of his ongoing court trial.
The lawyers, under the umbrella of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), argued that the suspension violates the sub judice rule since the criminal case involving Ozekhome is still before a competent court.
The LPPC had, at its 173rd General Meeting held on June 23, 2026, announced the suspension of Ozekhome’s SAN rank.
In a statement signed by the Secretary of the LPPC and Chief Registrar of the Supreme Court of Nigeria, Kabir Akanbi, the committee said the suspension was necessary to preserve the integrity, dignity and prestige of the prestigious SAN rank.
The LPPC explained that the action was taken pursuant to Paragraph 26(6) of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria, pending the conclusion of disciplinary proceedings before its Disciplinary and Ethics Sub-Committee.
However, ALDRAP insisted that the decision was premature because Ozekhome’s prosecution by the Independent Corrupt Practices and Other Related Offences Commission (ICPC)—now being handled by the Attorney-General of the Federation (AGF)—is still before the High Court of the Federal Capital Territory, Abuja.
In a Freedom of Information (FOI) request addressed to the Chief Justice of Nigeria (CJN), who chairs the LPPC, and the committee’s Secretary, Kabir Akanbi, the lawyers demanded the legal basis for the suspension as well as the minutes of the LPPC’s 173rd meeting.
The FOI request, signed by ALDRAP Administrative Secretary, Jesse Williams Amuga, argued that suspending Ozekhome before the court reaches a verdict could prejudice the ongoing proceedings.
“Our request for both electronic and hard copies of the minutes of the 173rd LPPC meeting is made pursuant to the Freedom of Information Act, 2011.
“Any Nigerian lawyer with a rudimentary knowledge of law understands that the decision of the LPPC to suspend Prof. Mike Ozekhome is prejudicial and contrary to the sub judice rule, considering that there is an ongoing lawsuit against him by the ICPC,” the association stated.
The group warned that it would institute legal proceedings against the LPPC should its request be ignored.
“Take notice that if our request is not granted, the LPPC will leave us with no option but to instruct our lawyers to file a lawsuit to enforce the legal rights of our association,” it said.
ALDRAP also petitioned the African Commission on Human and Peoples’ Rights, urging the regional body to intervene over what it described as a growing disregard for the rule of law by the LPPC.
The association alleged that the committee had repeatedly taken actions on matters already before the courts, citing an earlier incident in February 2026 when the LPPC allegedly issued a public statement while litigation involving the committee was still pending before the Federal High Court, Abuja.
According to the group, that statement was issued on February 12, 2026, while judgment in the matter was not delivered until May 13, 2026, and is now before the Court of Appeal.
ALDRAP further alleged that on June 23, 2026, the LPPC issued separate statements concerning the shortlist of 89 SAN candidates and the suspension of Ozekhome despite ongoing litigation surrounding both issues.
The association cited the Supreme Court decision in Governor of Lagos State v. Ojukwu (1986), arguing that government institutions must avoid self-help and respect pending judicial proceedings.
It urged the LPPC to reverse Ozekhome’s suspension until the court finally determines the case.
The David Mark-led faction of the African Democratic Congress (ADC) has approached the Court of Appeal to challenge the Federal High Court judgement that removed its leadership.
The opposition party also disclosed that it had filed an application seeking a stay of execution of the judgement pending the hearing and determination of its appeal.
The party made this known in a statement on Friday, November 6, adding that it had formally notified the Independent National Electoral Commission (INEC) of the legal steps taken,
The appeal is against the judgement delivered by the Federal High Court in Abuja on November 5, 2026, in Suit No. FHC/ABJ/CS/1619/2025, involving Hon. Nafiu Bala Gombe and the ADC.
The party urged INEC to refrain from taking any further action on the matter until the Court of Appeal has considered the case.
It argued that the application for a stay of execution was yet to be decided and that the electoral commission should not take any step that could affect the outcome of the appeal.
According to the ADC, it expects INEC to respect the ongoing legal process and allow the appellate court to hear the matter before making any decision connected to the judgement.
The statement partly read, “The ADC is exercising its lawful right to appeal. The judgement is now being challenged before a higher court, and the legal process must be allowed to run its course.
“We expect INEC to uphold the law and take full account of the pending proceedings before making any consequential decisions.”
The party also urged its members and supporters to remain calm, insisting that the court judgement would not stop its political activities.
It said its campaigns would continue while it explored all available legal options to defend its position.
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The Federal High Court in Abuja has nullified the leadership of the African Democratic Congress (ADC) led by Senator David Mark, declaring the caretaker committee that oversaw the party’s affairs illegal and invalidating all decisions taken by the committee.
The judgment, delivered on Thursday by Justice Peter Lifu, also affects the presidential primary that produced former Vice President Atiku Abubakar as the ADC’s flag bearer for the 2027 general elections.
Atiku, whose name had earlier been published by the Independent National Electoral Commission (INEC) as the party’s presidential candidate, had already selected former Rivers State Governor, Rotimi Amaechi, as his running mate.
The ruling followed a suit instituted by Nafiu Bala Gombe, a former National Deputy Chairman (North-East) of the ADC, who challenged the process through which the David Mark-led leadership assumed control of the party.
Gombe argued that following the resignation of the party’s former National Chairman, Chief Ralph Nwosu, he was constitutionally entitled to take over the leadership.
He consequently asked the court to invalidate all actions undertaken by the Mark-led leadership and restrain Senator Mark and Ogbeni Rauf Aregbesola from presenting themselves as the party’s National Chairman and National Secretary, respectively.
The plaintiff maintained that their emergence violated the ADC constitution and relevant provisions of the Electoral Act.
In suit No. FHC/ABJ/CS/1819/2025, the ADC, INEC, Senator David Mark, Aregbesola and Chief Ralph Nwosu were listed as defendants.
Justice Lifu upheld Gombe’s claims and granted the reliefs sought, effectively invalidating the authority of the caretaker committee and decisions taken under its leadership.
The verdict is expected to trigger fresh political uncertainty within the ADC, particularly over Atiku’s presidential ambition and the party’s preparations for the January 16, 2027 presidential election.
However, the party has vowed to challenge the judgment at the appellate court.
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