A Critical Examination of the Original Disciplinary Jurisdiction of the Supreme Court of Nigeria

Abstract

Introduction

The Supreme Court of Nigeria is at the apex of the judicial system in Nigeria.¹ By virtue of this position the Constitution which establishes the Court² entrusts to it very important constitutional functions and these are exercised in the form of both appellate and original jurisdiction.³ The primary responsibility of the Supreme Court is to the people of the Federal Republic of Nigeria who have provided for a constitution for the purpose of promoting the good government and welfare of all persons in Nigeria on the principles of Freedom, Equality and Justice.⁴

Members of the Supreme Court are drawn from the legal profession⁵ which is a body made up of persons who by virtue of their calling are ministers in the temple of justice.⁶ Minister in the temple of justice are by no means infallible but their weakness is no excuse for the temple to be desecrated. It is in recognition of these facts that the law makes elaborate provisions for the discipline of erring members of the legal profession particularly legal practitioners to ensure constant cleansing of the temple of justice.⁷ The Legislature has also deemed it fit to vest the Supreme Court with the power of final determination of disciplinary cases which involve legal practitioners.⁸