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PROCESS TO BE EXHIBITED ALONGSIDE APPLICATION FOR EXTENSION OF TIME

Dictum

Besides the preliminary objection, the defendant did not file any other defence process within the time allowed it by the Court. The application by the defendant for leave to extend this time was rejected by the Court since copies of the defence processes were not exhibited alongside the application for extension of time. This meant that the defendant had no defence process in this suit.

— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022

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ONLY LEGAL PRACTITIONER WITH NAME ON THE ROLL SHOULD SIGN COURT PROCESS

The purpose of Sections 2(1) and 24 of the Legal Practitioners Act, Laws of the Federation of Nigeria, 2004, is to ensure that only a Legal Practitioner whose name is on the roll of the Supreme Court should sign Court processes. It is to ensure responsibility and accountability on the part of a legal practitioner...

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A LEGAL PROCESS MUST BE SIGNED BY EITHER THE LEGAL PRACTITIONER OR LITIGANT

It is trite that it is the seal or signature, of the author on a document that authenticates the document. A legal document or process of Court must be settled or signed by either the legal practitioner of the choice of the litigant or the litigant himself. The disputed processes were purportedly settled or signed...

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IF IT CANNOT BE SAID WHO SIGNED A PROCESS, THE PROCESS IS INCURABLY BAD

RHODES-VIVOUR, JSC in SLB CONSORTIUM v NNPC (2011) 9 NWLR (PT. 1252) P. 317 opined that: “Once it cannot be said who signed a process, it is incurably bad and rules of Court that seem to provide a remedy are of no use as a rule cannot override the law (i.e the Legal Practitioners Act)”...

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TRIAL JUDGE SHOULD NOT RELY ON ORIGINAL STATEMENT OF DEFENCE WHEN THERE IS AN AMENDMENT

Madam Salami and others v. Oke (1987) 4 NWLR (Pt.63) 1. Both counsel relied on this case. In this case, the Supreme Court held that there is nothing fundamentally wrong with a trial Judge merely referring to an original Statement of Defence. However, there is everything wrong with the trial Judge relying on original Statement...

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HOW PROCESSES FILED IN COURT MAY BE SIGNED

In SLB Consortium Ltd v NNPC (2011) 4 SC (Pt.1) p.86, I explained how processes filed in Court are to be signed. I said: First, the signature of counsel, which may be any contraption. Secondly, the name of counsel clearly written. Thirdly, who counsel represents. Fourthly, name and address of legal Firm. It is clear...

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