“Filing Of Appeal Operates as Stay” — Court Rules LPDC-Suspended Lawyer Idris Thany Can Continue Practice Pending Appeal

The High Court of Lagos State, Ikorodu Judicial Division, has ruled that Idris K. Thany, Esq., a recently suspended legal practitioner, may continue appearing in court while challenging his two-year suspension from practice.

The ruling, delivered on Monday, October 6, 2025, by Hon. Justice L. O. Akinkugbe (Mrs.) of Court 1, came amid a heated hearing in a land dispute, Suit No. IKD/1317LMW/2015. It directly addresses the fallout from Thany’s suspension by the Legal Practitioners Disciplinary Committee (LPDC) just weeks earlier, allowing the immediate past Chairman of the Nigerian Bar Association (NBA) Ikorodu Branch to represent clients uninterrupted until his appeal is determined.

Thany’s troubles stem from a finding of “infamous professional misconduct” by the LPDC, contained in a final direction dated September 15, 2025. The committee, chaired by Ahmed Mustapha Goniri (Life Bencher) and comprising Justices Halima Ibrahim Abdulmalik and Halima Mohammed, alongside Senior Advocates Umeh Kalu and Dr. Garba Tetengi, accused Thany of manipulating court processes to derail justice in a long-running land dispute.

The matter originated from Suit No. IKD/M/26/2010 – Rafiu Shonoiki Sholesi & Ors v. Oyedeko Olorunwo Ladejobi & Ors – in which the Elepe family of Ikorodu obtained a consent judgment before Justice Savage on March 26, 2014. As the family moved to enforce the judgment, Thany allegedly frustrated proceedings by filing a motion in November 2017 to set aside the ruling. The motion bore the name, signature, stamp, and seal of his sister, Khadijah Abolanle Thany, Esq., an associate in his firm.

Idris denied direct involvement, insisting Khadijah acted independently. However, Khadijah testified before the LPDC that her brother deceived her: she neither drafted the motion nor met the client, and Idris had inserted his own email address while using her as a cover against potential contempt proceedings. The committee described this conduct as “despicable and condemnable” and a blatant abuse of process in violation of Rules 1, 27, and 30 of the Rules of Professional Conduct for Legal Practitioners, 2023. Although allegations that Thany mobilized thugs to obstruct enforcement were unsubstantiated, the committee held that his actions undermined the “humble and conservative calling” of the legal profession.

Khadijah, enrolled as SCN079509, was found guilty of professional lapses but spared suspension due to her candor in testifying against her brother. She received a formal admonition to maintain good conduct. Thany, enrolled as SCN056259, was barred from practice for two years effective September 15, 2025. The Chief Registrar of the Supreme Court was directed to annotate his name on the Roll of Legal Practitioners, with the decision to be published in the Federal Gazette and The Punch newspaper, and circulated to key judicial and law enforcement authorities.

The High Court’s intervention arose during proceedings in the related Ikorodu land dispute, Suit No. IKD/1317LMW/2015, filed in 2015 over allocations in the Ikorodu GRA Scheme 2, Ebute. The claimants, including Madam Esther Fehintola Harriet and Prince Yomi T. O. S. Benson, represented by Abiola Duduyemi, challenged defendants comprising representatives of the Asajon and Matti families, Lagos State government bodies (including the Ministry of Lands and the Attorney General), and allottees such as Engineer Frederick Olofin. Thany appeared for the 1st to 3rd defendants (family representatives), with O. Owoyemi representing the 5th to 9th defendants, while others were either unrepresented or absent.

Claimants’ counsel objected to Thany’s continued appearance, citing his suspension, but Thany countered that his appeal filed within the statutory 28-day window (with notice received by the LPDC on September 26, 2025) automatically suspended enforcement under Section 12(6)(a) of the Legal Practitioners Act (Cap. L11, LFN 2010). The provision states that a disciplinary direction takes effect only after the appeal period lapses without filing or upon dismissal of the appeal.

Justice Akinkugbe, after reviewing arguments and the statute, agreed. “In effect, therefore, by virtue of the provisions of Section 12(6)(a), the filing of an appeal does operate as a stay of execution,” she ruled, affirming Thany’s right to practice pending the determination of his appeal. The decision underscores a key safeguard for appellate rights and may set a precedent for disciplined lawyers nationwide.

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