In Okike v L.P.D.C (No. 2) (2005) 7 SC (Part 111) 75 at pages 93, 113 and 116 as follows, Per Musdapher, JSC: “In my view, the word ‘charges’ used under the rule does not mean and cannot mean formal charges in a criminal trial before a criminal court . . . Therefore what needs to be known to the legal practitioner concerned is the substance of the allegations against him before the proceedings started: The precise nature of the allegations against the appellant were communicated to the appellant, he was well aware of the complaints against him. The appellant had fair notice of the allegations against him. Where the allegations contained in the petition before the disciplinary tribunal, as opposed to criminal tribunal, contains all the essential elements and enough information, it is not necessary to make reference to particular breaches of the rules as in a criminal case – See MDPDT v Okonkwo (supra) and Idowu v LPDC (1962) All NLR 128 as it will be necessary in a criminal trial. In my humble opinion, the absence of a formal charge did not occasion any miscarriage of justice, the appellant was well aware of the complaint against him.” …
Per Ejiwunmi, JSC: “… the reference to ‘charges’ in the above provisions should not be read to mean that only a formal charge or charges would suffice to bring home to the person concerned the complaint brought against that person . . . It is my view that it will amount to undue technicality to contend that because the word ‘charge’ was not used, the allegation against the appellant was not brought to his knowledge and therefore he was not made aware of the complaint against him. In this context, it must be borne in mind that the proceedings before the respondent is not expected and indeed not required to be conducted as a full scale criminal trial. If that then be the position, the word ‘charge’ read in that context is simply a ‘complaint’ that discloses a prima facie case that deserves to be investigated and determined by the respondent.”
Per Pats-Acholonu JSC: “…the characteristics or feature of a charge do not lie in procedural formalism but rather in the context of the unrighteous act being brought to the knowledge of the person so indicted in good lucid and really understandable English as in the present case. In the case before us now, the charge as I choose to call it, the document was couched in simple prose and he was requested to appear before the Peers of his profession. It is not an indictment wearing a criminal garb. The issue before us is as to whether the act of the appellant constituted a gross misconduct to affect his status in the profession of the Bar. Therefore to latch or clutch on the defence of improper charge laid, shows the inability of the appellant to fully grasp the nuance associated with the procedure in handling his case by the respondents.”