FOR IMMEDIATE RELEASE
ABUJA, NIGERIA –
September 29, 2025 – Idris K. Thany, Esq., of I.K.
Thany & Co., today confirmed the filing of a comprehensive twelve
grounds Notice of Appeal at the Supreme Court of Nigeria challenging the
September 15, 2025, Direction of the Legal Practitioners’ Disciplinary
Committee (LPDC) which imposed a two-year suspension.
The Appellant’s
primary focus, as demonstrated by the Notice of Appeal, is not solely on his
personal exoneration but a fundamental fight to defend the integrity of the Bar
by challenging grave procedural errors, most notably the LPDC’s reliance on unsworn
and untested allegations presented in a final written address, a clear
breach of the constitutional right to fair hearing.
The Appellant,
Idris K. Thany, Esq., challenges the Direction of the LPDC on 12 grounds, which
can be itemized into four critical areas: Fair Hearing/Due Process,
Jurisdictional Overreach, Miscarriage of Justice on Evidence, and
Misapplication of Professional Rules:
1.
Ground Two, Three, Four & Five
(Unsworn Evidence)
2.
Ground Eight (Afterthought
Evidence)
3.
Ground One (Sub Judice Rule)
4.
Ground Six (Misapplication of RPC
Rule 27(1))
5.
Ground Seven (Failure to Apply
Literal Rule)
6.
Ground Nine (Perverse Finding on
Frustration)
7.
Ground Ten (Misapplication of
General RPC Rules)
8.
Ground Eleven (Decision Against
Weight of Evidence)
9.
Ground Twelve (Further Grounds)
A direction of
suspension from the LPDC is not the final word; it is the beginning of a
process designed to balance accountability with fundamental fairness. The
appeal is filed under the Legal Practitioners Act (LPA), Cap. L11, Laws of
the Federation of Nigeria, 2004.
- Section 12(8) of the LPA mandates that the filing of an appeal against an LPDC direction automatically operates as a stay of execution.
- This legislative mandate
ensures the lawyer's right to practice remains intact until the Supreme
Court delivers its final judgment, protecting a practitioner from
suffering professional ruin while their appeal—an inherent right—is
pending.
The Appellant is exercising a principled right to insist on due process and judicial review, affirming faith in the system’s ability to self-correct. The appeal asserts that the LPDC’s finding of misconduct was predicated on inadmissible evidence, violating the established principle that a legal address cannot substitute for sworn testimony subject to cross-examination.
The Notice of
Appeal crucially demonstrates a profound commitment to professional integrity
through Ground Ten. The Direction of the LPDC, while imposing only an
admonishment on Mr. Thany's junior colleague and sibling, Khadija Abolanle
Thany, Esq., nonetheless carried a finding of complicity and professional
misconduct.
Ground Ten
deliberately challenges the legal basis (Rules 1, 15,
27(1), and 30 RPC) used to establish misconduct for the filing of the
contentious court process. This strategic inclusion aims to exculpate his
colleague completely, ensuring that the finding of professional fault is
vacated from her record, regardless of the outcome of his own suspension. The
actions reflected in the Notice of Appeal prioritize justice and loyalty
over self-vindication, demonstrating a commitment to ensuring that the career
of a promising young lawyer is not tarnished by a procedural oversight.
The Appellant has shown confidence that the Supreme Court, as affirmed in judicial precedents like Gabriel Gbenoba V. LPDC & ANOR (2021) LPELR - 53064 (SC), and Mamman Waziri v. Legal Practitioners Disciplinary Committee (2022) 04 E-WRN/01 (SC) will set aside the LPDC's Direction, thereby upholding the sanctity of due process and affirming professional integrity.
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