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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USING LETTERS TO REPRESENT DEPONENTS NAME IN STATEMENT ON OATH IS NOT PROHIBITED, INTER ALIA

Now, the use of letters to represent witnesses to be called in their written statements on oath is intended not only for their safety but also to avoid possible compromise of witnesses in highly sensitive and often sensationalized trials, more especially Election Petitions. The instant case is not an Election Petition but is not a...

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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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DUTY THE ADVOCATE OWES THE COURT IS SUPERIOR

While the point is conceded that an advocate should be sensitive and loyal to his client’s case, such sensitivity and loyalty should not exceed required boundaries, particularly the duty the advocate owes the court to present the law correctly, even if it is against his client. – Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)...

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

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...

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COURT RESTRICT ITSELF TO THE ENGLISH VERSION OF THE STATEMENT ON OATH

On the 12 th day of July, 2023 when PW19 (Sani Al-Hassan Inuwa) testified before this Honourable Tribunal, Learned Counsel to the Respondents raised objection regarding the discrepancies and manifest inconsistencies between the two versions of the written statements on oath of this witness, in that the content of the English version of the evidence of this witness, is distinct from the Hausa version. We have read through the written statements on oath of this witness and we agree with the Respondents that the Hausa version of the evidence of this witness is totally different from the English version. This Honourable Tribunal shall therefore restrict herself to the English version of the written statement on oath of PW19. Having determined the objections to the admissibility of documents, this Tribunal shall proceed to determine the merits of this petition.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

WHERE WITNESS DEPOSITION IS SIGNED IN A LAWYER’S OFFICE

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CONVENIENCE OF COUNSEL SHOULD HAVE NO PREEMINENCE OVER THE DICTATE OF THE LAW

USING LETTERS TO REPRESENT DEPONENTS NAME IN STATEMENT ON OATH IS NOT PROHIBITED, INTER ALIA

COUNSEL SHOULD DRAW COURT’S ATTENTION TO PREVIOUS DECISION

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DUTY THE ADVOCATE OWES THE COURT IS SUPERIOR

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

COURT RESTRICT ITSELF TO THE ENGLISH VERSION OF THE STATEMENT ON OATH

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