STATUTORY ORGANS

INVESTIGATING PANEL

Following the provisions of Part V, Section 22(03), the Investigating Panel shall be charged with the duty of:

1. Conducting a preliminary investigation into any case where it is alleged that a registered person has misbehaved in his capacity as such.
2. Conducting a preliminary investigation into any case where a registered person is the subject of proceedings before the Disciplinary Committee.
3. Deciding whether, or not the case should be referred to the “Disciplinary Committee”. Where the “Investigating Panel” finds a member guilty of an offense as charged, such a member is referred to the “Disciplinary Committee” for appropriate sanction(s).

DISCIPLINARY COMMITTEE.

The Disciplinary Committee is charged with the responsibility of appropriating commensurate sanction(s) against a member who has been adjudged guilty of an offense by the investigating Panel. The enabling Act (Part V, Section 24) empowers the Disciplinary committee to enforce any of the following penalties against a registered person guilty of professional misconduct, malpractice, or negligence:

• Reprimand (or admonish) the person.
• Caution him/her and place under “a period of binding over” (or close observation) for a period not exceeding one year. But where a person fails to comply with the conditions imposed during “the period of binding over” the Disciplinary Committee “may impose any one of the penalties mentioned in sub-paragraphs 1, 2, or 3 below:
  1. Order the person to pay the Board any cost incidental to the proceedings incurred by the Board.
  2. Suspend that person from practice for such a period as may be specified.
  3. Order the Registrar of the Board to strike off the person’s name from the relevant
     part of the register.

APPEARING BEFORE THE INVESTIGATING PANEL OR DISCIPLINARY COMMITTEE.

The conduct of a member appearing before the investigating Panel or Disciplinary Committee shall be the same as that of a person appearing before a Judge in a law court. He/she must display a reasonable level of good behavior all through the period he/she is standing before either committee while in session shall be adjudged as misconduct and shall attract appropriate sanction. Thus, a member standing before either committee must maintain a stable temperament (no angry altercations) while answering questions put before him/her.

CONDUCT OF MEMBER(S) APPEARING BEFORE INVESTIGATING PANEL.

1. The investigating Panel is the court of first hearing in matters of alleged professional misconduct, malpractice, or negligence.
2. A member invited by the Investigating Panel must be punctual whenever he/she is summoned to appear before it, during the investigation of any case which involves him/her, whether as the accused, respondent, or witness.
3. Such a member must give prompt notice to the appropriate official of the Panel where unforeseen circumstances may cause him/her to appear late before the panel or where he/she may be unable to keep the appointment due to circumstances beyond his/her control.
4. A registered practitioner who has been duly notified by the Panel on the necessity to appear before it, for whatever reason, shall attend relevant hearings as and when invited.
5. In a situation where the practitioner has a compelling need to travel out of Nigeria whilst the matter is yet to be disposed of, he/she is required to duly notify the appropriate official of the Panel and obtain the necessary clearance before traveling out of the Country.
6. A practitioner who has been duly notified that he/she is to appear before the Panel in an ongoing investigation, but who fails to appear whenever due, without an acceptable excuse shall be liable to a disciplinary action as will be determined by the Panel. A practitioner’s duty to appear before the Panel is continuous from the time of first notification until the matter under investigation is finally disposed of.
7. Any attempt made by a member, being investigated by the Panel, to curry favor with members of the Panel by flattery, bribery, or any corrupt act constitutes professional misconduct.
8. A practitioner should rise to his/her feet when addressing or being addressed by the Panel unless the Chairmen of the Panel directs otherwise.
9. A member who fails to respond to the request of the Panel concerning a matter under investigation may be deemed to be contemptuous of the Panel and shall be appropriately disciplined.
10. The Board may, on the recommendation of either of its disciplinary organs, communicate to a foreign regulatory body, when it is obvious that the Board in Nigeria, is being ignored on a matter for disciplinary process by a registered practitioner who has been duly notified but who decides to go into professional practice in another country. The purpose of such communication will be to compel the registered practitioner to assist the Disciplinary organs in Nigeria in treating the matter before them in which he/she is involved.

CONDUCT OF MEMBER(S) APPEARING BEFORE DISCIPLINARY COMMITTEE

1. The Disciplinary Committee has the status of a High Court of the Federal Republic of Nigeria and practitioners who appear before it, whether as complaints, defendants, or witnesses, whether they are also represented by a lawyer, must conduct themselves as they would in a High Court.
2. The code of behavior of a practitioner appearing before the Disciplinary Committee is the same as the investigating Panel. These codes are equally applicable to counsel who appears before the Disciplinary Committee.
3. Practitioners who make public comments on cases pending before the Investigating Panel or Disciplinary Committee, or cases where the time for appeal has not expired, shall be guilty of contempt of the Investigating Panel or Disciplinary Committee case may be, and shall be liable to appropriate disciplinary action as may be determined by either disciplinary organ.