Suspension of Mike Ozekhome, SAN, before determination of petition raises serious due process concerns — HURIWA

Judiciary

THE Human Rights Writers Association of Nigeria (HURIWA) has expressed deep concern over the decision of the Legal Practitioners’ Privileges Committee (LPPC) to suspend Chief Mike Ozekhome, SAN, from the rank of Senior Advocate of Nigeria pending the conclusion of disciplinary proceedings against him.

As a foremost civil rights advocacy organisation committed to the defence of constitutionalism, rule of law and due process, HURIWA believes that the action raises fundamental questions about fairness, natural justice and the long-established legal doctrine of presumption of innocence, which remains one of the pillars upon which Nigeria’s jurisprudence is built.

The Nigerian legal system, like all democratic systems governed by the rule of law, is anchored on the principle that every person accused of wrongdoing is presumed innocent until proven guilty by a competent court, tribunal or legally constituted adjudicatory body. This principle is not a mere technicality; it is a cornerstone of justice designed to protect citizens from arbitrary punishment, institutional prejudice and premature sanctions.

HURIWA is worried that the suspension of Chief Mike Ozekhome, SAN, before the determination of the petition against him may create the unfortunate impression that allegations alone are sufficient to attract punitive consequences, irrespective of whether such allegations have been substantiated through a fair and transparent process.

While we recognise the responsibility of the LPPC to protect the integrity, prestige and credibility of the rank of Senior Advocate of Nigeria, we respectfully submit that institutional integrity is best preserved when disciplinary processes are conducted in a manner that visibly adheres to the principles of fairness, impartiality and due process.

The legal profession occupies a unique position in society as the guardian of justice and defender of constitutional rights. It must therefore be held to the highest standards in ensuring that disciplinary mechanisms do not inadvertently undermine the very principles the profession exists to uphold.

HURIWA recalls previous disciplinary cases involving senior members of the legal profession where sanctions followed the conclusion of legal proceedings and findings of culpability. Such an approach reinforces public confidence that disciplinary actions are based on established facts and not on allegations that remain subject to investigation and determination.

We are concerned that suspending the privileges attached to the SAN rank before the conclusion of proceedings could be perceived as imposing a measure of punishment before a final verdict has been reached. Such a perception, whether intended or not, risks weakening public confidence in the fairness and objectivity of disciplinary institutions.

Accordingly, HURIWA calls on the Legal Practitioners’ Privileges Committee to reconsider and lift the suspension of Chief Mike Ozekhome, SAN, pending the conclusion of investigations and the final determination of the petition against him.

This appeal is not a defence of any alleged misconduct, nor is it an attempt to interfere with the disciplinary process. Rather, it is a principled call for strict adherence to due process and the constitutional safeguards that protect every citizen and professional from premature sanctions before a finding of guilt has been made.

Justice must not only be done; it must be seen to be done. The credibility of our institutions is strengthened when they demonstrate fidelity to the rule of law, fairness and equality before the law. Any departure from these principles, however well-intentioned, risks setting a precedent that may have far-reaching implications for the administration of justice and professional discipline in Nigeria.

HURIWA therefore urges the LPPC to allow the disciplinary process to run its full course and to reserve any final sanctions until the allegations have been thoroughly investigated and determined in accordance with the law.

The preservation of the integrity of the SAN rank and the protection of the constitutional rights of those who hold it are not mutually exclusive objectives. Both can and must be achieved through a process that is transparent, fair and firmly rooted in the principles of natural justice.

A.I

June 30, 2026

Tags: Chief Mike Ozekhome HURIWA