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LAWYERS VS POLITICIANS: MASTERS OF THE LAW VS MASTERS OF THE GAME

Dictum

While lawyers pride themselves as masters of the law, the Politicians are master game planners and they would never give up unless and until either they realize their desire to ‘serve their people’ or the Apex Court in an appeal before them tell the Politicians with finality that it is all over, then they would take a bow and rest but bid their time for the next election. In this wise, they are far wiser than the lawyers.

– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021

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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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WHERE WITNESS DEPOSITION IS SIGNED IN A LAWYER’S OFFICE

Under cross-examination, DW3 admitted that he signed his deposition in the chambers of his counsel. However, there is no evidence before me that DW3 did not present himself before the Commissioner for Oaths to be sworn. The name and signature of the Commissioner for Oaths is on the deposition together with the date it was sworn. There is therefore a presumption of regularity in the statement on oath by virtue of Section 168 of the Evidence Act 2011. See Auta v Olaniyi [2004] 4 NWLR (Pt 863) 394.

— O.A. Obaseki-Osaghea, J. Akinsete v Westerngeco (2014) – NICN/LA/516/2012

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THE RATIONALE FOR LAWYER-CLIENT PRIVILEGE

The general principle on which the above statutory provision is grounded is as stated by Holden J in the case of Iris Winifred Horn v. Robert Rickard (1963) NLR 67 at 68 or (1963) 2 All NLR 40 at 41 as follows: “Every client is entitled to feel safe when making disclosures to his solicitor or counsel, and there are cases establishing firmly that counsel cannot be called to give any evidence which would infringe the client’s privilege of secrecy.”

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COUNSEL (APPEARING FOR HIMSELF) WILL HAVE HIS MISTAKES VISITED ON HIM

In Kotoye v Saraki 1995 NWLR (Pt.395) 256, in circumstances where the party (who is also a legal practitioner) took a decision not to appeal. Uwais J.S.C (as he then was) at Pages 7 and 8 said: “Any act of gambling involves risk taking and no gambler can claim not to be aware of that. When a counsel makes a mistake, such mistake or its consequence should not, in general, be visited on his client who, in most cases is a layman. Can the defendant/applicant who has been or is a legal practitioner be such a client? I certainly think not. There is therefore, no good reason given for the delay bringing this application.”

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IMPORTANCE OF LAWYERS IN THE SOCIETY

DENNING, MR., in Pett v. Grey Hound Racing Association (No. 1) (1968) 2 ALL E.R. 545 at 549: “It is not every man who has the ability to defend himself on his own. He cannot bring out the points in his own favour or the weakness in the other side. He may be tongue-tied, nervous, confused or (even) wanting in intelligence. He cannot examine or cross-examine witnesses. We see it every day! A magistrate says to a man: You can ask any questions you like, whereupon the man immediately starts to make speech. If justice is to be done, he ought to have the help of someone to speak for him, and who better than a lawyer who has been trained for the task?”

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PROCESS SIGNED BY A FIRM OF LEGAL PRACTITIONERS IS NOT VALID IN LAW

The said section 573(1) of Companies and Allied Matters Act Provides as follows:- ‘Every individual firm or corporation having a place of business in Nigeria and carrying on business under a business name shall be registered in the manner provided in this part of this Act The above is not an authority that can be relied upon to uphold the view that a process signed and filed by a firm of legal practitioners which has no live is valid in law. The general provision of the law as in section 573(1) of Companies and Allied Matters Act is subject to the specific provisions of section 2(1) and 24 of the Legal Practitioners Act. See: FMBN v. Olloh (2002) 4 SC (Pt. 11) 177 at 122-123; Kraps Thompson Org.v. NIPSS (2004) 5 SC (Pt.1) 16 at 20-21.

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

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