COUNSEL FIRST DUTY IS TO THE COURT

Learned counsel, as officers in the temple of justice have a sacred duty to assist the court to do substantial justice in any matter before it. His first duty is to the court. The second to his client. It is almost five years to the day since the ruling complained of was delivered. Precious judicial time and resources have been wasted pursuing technicalities.

– Kekere-Ekun JCA. Adewoyin v. Executive Governor (2011)

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COUNSEL SHOULD DRAW COURT’S ATTENTION TO PREVIOUS DECISION

However, learned Counsel for the Respondent failed to draw the attention of the Court to this previous decision. Clearly, he had a duty in law to do so; see Global Trans. S.A. v. Free Enter. (Nig.) Ltd. (2001) 5 NWLR (Pt.706) 426 where it was stated that it is the duty of Counsel to draw the Court’s attention to previous decision of the Court on the same subject matter.

— I.E. Ekwo, J. Daudu v FIRS (2023) – FHC/ABJ/TA/1/2021

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EFFECT OF COUNSEL STATEMENT FROM THE BAR

It is settled that a statement by a counsel from the Bar has the character of an oath and the court is bound to take this into consideration. See Tika Tore Press Ltd. v. Umar (1968) 2 ALL NLR 107.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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WHERE COUNSEL ABSENT, BRIEF WILL BE DEEMED ADOPTED

The Respondent’s Brief of Argument dated and filed on 3rd November, 2020, which was settled by Adedotun Ishola Osobu Esq, was deemed adopted pursuant to Order 19 Rule 9(4) of the Court of Appeal Rules, 2016.

— A.B. Mohammed, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020

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APPEAL TO SET ASIDE COST AWARDED AGAINST COUNSEL SHOULD PROVIDE TENABLE REASON

Before I round off, learned senior counsel for the Appellant has urged this court to set aside the costs of #5 million awarded against J.O. Olotu, Esq, counsel who settled the Appellant’s brief at the lower court. Without belabouring the point, let me state clearly that the Appellant has not placed before this court, any tenable reason or argument why the lower court’s order as to costs should be set aside or interfered with. Hence, the Appellant’s prayer in that regard is refused.

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

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CONVENIENCE OF COUNSEL SHOULD HAVE NO PREEMINENCE OVER THE DICTATE OF THE LAW

The convenience of counsel should have no pre-eminence over the dictate of the law. The law as enacted should be followed. I do not for one moment see any valid reason why the decision of this court in Okafor v. Nweke should be revisited. It has come to stay and legal practitioners should reframe their minds to live by it for due accountability and responsibility on their part and for the due protection of our profession.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

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COUNSEL FIRST DUTY IS TO THE COURT

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COUNSEL SHOULD DRAW COURT’S ATTENTION TO PREVIOUS DECISION

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EFFECT OF COUNSEL STATEMENT FROM THE BAR

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WHERE COUNSEL ABSENT, BRIEF WILL BE DEEMED ADOPTED

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APPEAL TO SET ASIDE COST AWARDED AGAINST COUNSEL SHOULD PROVIDE TENABLE REASON

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CONVENIENCE OF COUNSEL SHOULD HAVE NO PREEMINENCE OVER THE DICTATE OF THE LAW

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