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IF COUNSEL HAS NO AUTHORITY TO REPRESENT CLIENT, HE CANNOT ASK FOR ADJOURNMENT

Dictum

Whilst hearing the Appeal on the 10th of April, 2008, Learned Counsel E. Uwa with Ogunshote announced appearance for the Appellant and the Learned Senior Advocate Prof. S. A. Adesanya (SAN) announced appearance for the Respondent. Prof. Adesanya (SAN) informed the court that the Respondent is registered in Nigeria but based in America, that he has not had contact with him nor does he have his contact as he was introduced to the Respondent by a third party, he further explained he has no further instruction to represent the Respondent. He applied for an adjournment because he has not been in contact with the Respondent. The Learned Counsel to the Appellant opposed the application contending that the learned SAN was served with all the processes including the Appellant Brief, he failed to react nor write to slate he is no longer in the matter. Learned Counsel submitted that if he has not been instructed he cannot apply for adjournment. This court considered the application of the Learned Senior Advocate for adjournment and the response of the Appellant’s Counsel and ruled refusing the application for adjournment.

— R.O. Nwodo, JCA. Teleglobe v 21st Century Tech. (2008) – CA/L/694/2006

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ADJOURNMENT AT DISCRETION OF COURT

Adjournment is at the discretion of the Court. – T. Akomolafe-Wilson, JCA. Onnoghen v. FRN (2019) – CA/A/44C/2019

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ADJOURNMENT REMAINS WITHIN THE DISCRETION OF THE JUDGE

Adjournment remains within the judicial discretion of the trial Court. Like all discretions it is exercised judicially and judiciously. Exercise of discretion, as it is stated in the Lexicon Webster Dictionary, Encyclopedic Edition, Vol. 1 at page 286, discretion includes a judgment that is sound, prudent and tactful. A judgment or decision is said to be judicious if it was rendered wisely or prudently. When a trial Court or judge is called upon to act judicially, it must have some facts on which to predicate a prudent or wise decision. Mrs. Ngozi Ekwensi, learned defence Counsel, in the application for adjournment, did not consider it prudent to specify the documents the defence intended to avail the trial Court as the basis for the adjournment sought. The learned trial Court was left to speculate, and that should not be … Since adjournment lies within the discretionary powers of the Court, the applicant for adjournment has the bounden duty to produce or adduce evidential materials in support of his application for adjournment.

— E. Eko, JSC. Francis v. FRN (2020) – SC.810/2014

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