UWAIS CJN (Delivering the Lead Ruling): The appellant in this case, who is a legal practitioner, filed a notice of appeal to this court on 25th February, 2004 as the court of appeal, challenging the directions issued against him by the respondent on 3rd April, 2003. The directions read:-
“After carefully considering the unchallenged evidence before the Committee, oral and documentary, it is hereby decided that the name of the respondent, Charles Okike, Esq., be struck off the Legal Practitioners List (sic) in addition to the respondent refunding the sum of $123,000 (sic) to the complainant.”
When the appeal came up for hearing before this court on 12th October, 2004, the court (Kutigi, Uwaifo, Musdapher, Pats-Acholonu and Akintan JJ.SC) suo motu raised the constitutional point: whether in the light of the provisions of section 233 of the Constitution of the Federal Republic of Nigeria 1999, the Supreme Court had the jurisdiction to entertain the appeal, given the fact that the said …