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THE RATIONALE FOR LAWYER-CLIENT PRIVILEGE

Dictum

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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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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IT IS UNETHICAL FOR COUNSEL TO MAKE APPEARANCE TO ASK FOR ADJOURNMENT TO ENABLE SENIOR COUNSEL CONDUCT PROCEEDINGS

Furthermore, it is unethical, undesirable and intolerable that a counsel should attend or appear in court in a matter or case merely to ask for an adjournment to enable a more senior colleague to conduct the matter. See the case of Madu v. Okeke (1998) 5 NWLR (Pt.548) 159. — Garba, JCA. Shona-Jason v Omega...

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COUNSEL SHOULD NOT MISQUOTE JUDGE

I will pause here to advise that learned counsel when referring to statements made by trial Judges should not impute words not said by them, or misquote their statements and present statements which were not actually uttered or remarked by them (the Judges). A close look at the passage quoted above leaves one in no...

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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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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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WHO IS A LEGAL PRACTITIONER

However, a legal practitioner is a person entitled according to the provision of section 24 of Legal Practitioners Act, 1990 to practice as a barrister or as barrister and solicitor either generally or for the purpose of any particular office or proceedings. – C. M. Chukwuma-eneh, J.S.C. Okafor v. Nweke (2007) – SC.27/2002 Was this...

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