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IMPORTANCE OF LAWYERS IN THE SOCIETY

Dictum

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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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...

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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...

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COUNSEL SHOULD NOT MANUFACTURE FACTS IN COURT

Learned counsel should refrain from manufacturing facts to suit the interest of his client. As a minister in the Temple of Justice, counsel should always be guided by raw facts as disclosed by the evidence before the Court. To be forewarned is to be forearmed, learned counsel should heed to this advice against the future....

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PENDING DETERMINATION BY THE CCT, THERE IS NO LAW THAT PROHIBITS A LEGAL PRACTITIONER (EVEN IF A PUBLIC SERVANT) FROM RIGHT OF AUDIENCE IN COURT

‘The right of audience in court is governed by the Legal Practitioners Act. It is clear from the provisions of sections 2 and 8 of the Legal Practitioners Act that as long as the name of a legal practitioner remains on the roll, it is wrong to deny him right of audience in court. The procedure for removal of names of legal practitioners from the roll or to deny a legal practitioner right of audience in court is clearly set out under the Legal Practitioners Act. It is only for non-payment of the yearly practising fee that a court can deny a legal practitioner whose name is on the roll the right of audience in Court. The Legal Practitioners Act, does not provide for any other circumstances for denying a Legal Practitioner the right of audience in court apart from the direction of the disciplinary committee or by implication from the constitution, as a result of an Order by the Code of Conduct Tribunal. Support for this view can be found in the decision of Benin High Court Presided by Justice Ogbonine, in the case of OLOYO V ALEGBE (1981) 2 NCLR 680, where his Lordship Ogbobine, J. rejected an objection against the appearance of Mr. Alegbe in court (and while leading other lawyers) for himself as the speaker of the Bendel State House of Assembly. Hear his Lordship. “I do not think it is right for any court to disqualify a Legal Practitioner from practicing his profession, except on very sound grounds set out under the Legal Practitioner’s Act and other enabling law and regulations made to that effect”. It is beyond reproach that the primary legislation that disqualifies any person whose name is on the roll from acting as Barrister and or Solicitor officially or in private is sections 8 (2) of the Legal Practitioner’s Act, which deals with payment of practicing fee.’

— S. Kado J. Akazor Gladys & Ors. V. Council of legal education (NICN/ABJ/346/2017, 20th day of March 2019)

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LEGAL PRACTITIONERS ARE TO KEEP ABREAST WITH THE PRONOUNCEMENTS OF THE SUPREME COURT

The Supreme Court had re-emphasized the binding effect of its judgments on the lower courts in the case of ODEDO v PDP & ORS (2015) LPELR-24738(SC), where Kekere-Ekun, JSC stated at page 65, paras. B – E, as follows: “The Supreme Court is the highest court in the land. By virtue of Section 235 of...

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