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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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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 Was this dictum helpful? Yes 0 No 0...

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DRAWING UNINTENDED CONCLUSIONS FROM JUDGES STATEMENTS

Sir James Bacon, V.C., said in Green’s Case (1874) L.R. 18 Eq C.A. 428:- “In the judgments which Judges pronounce, this is inevitable, that having their minds full, not only of the cases before them, but of all the principles involved in the cases which have been referred to, it very often happens that a Judge, in stating as much as is necessary to decide the case before him, does not express all that may be said upon the subject. That leaves the judgment open sometimes to misconstruction, and enables ingenious advocates by taking out certain passages, to draw conclusions which the Judge never meant to be drawn from the words he used.”

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COUNSEL AGREEMENT WITH OPPOSING PARTY IS BINDING

In Swinfen v. Swinfen 26 LJ Co P 97, Blackburn, J, stated the position as follows:- “Counsel therefore being ordinarily retained to conduct a cause without any limitation, the apparent authority with which he is clothed when he appears to conduct the cause is to do everything which in the exercise of his discretion, he may think best for the interest of his client in the conduct of the cause.and if within the limits of this apparent authority he enters into agreement with the opposite Counsel as to the cause, on every principle this agreement should be binding.”

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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...

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NATURE OF RELATIONSHIP BETWEEN CLIENT & COUNSEL

The nature of the legal relationship between Counsel and his client, which exists in this case between plaintiff and PW1, his Counsel, is one of an independent contractor and not one of principal and agent. (See Performing Right Society Ltd v. Mitchell &.Booker Palais de Danse Ltd (1924) 1 KB 702 at page 365 per...

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