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APPEAL TO SET ASIDE COST AWARDED AGAINST COUNSEL SHOULD PROVIDE TENABLE REASON

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Dictum

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 tenable reason or argument why the lower court’s order as to costs should be set aside or interfered with. Hence, the Appellant’s prayer in that regard is refused.

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

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IMPORTANCE OF LAWYERS IN THE SOCIETY

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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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 time and resources have been wasted pursuing technicalities.

– Kekere-Ekun JCA. Adewoyin v. Executive Governor (2011)

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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 minds to live by it for due accountability and responsibility on their part and for the due protection of our profession.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

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COUNSEL (APPEARING FOR HIMSELF) WILL HAVE HIS MISTAKES VISITED ON HIM

In Kotoye v Saraki 1995 NWLR (Pt.395) 256, in circumstances where the party (who is also a legal practitioner) took a decision not to appeal. Uwais J.S.C (as he then was) at Pages 7 and 8 said: “Any act of gambling involves risk taking and no gambler can claim not to be aware of that. When a counsel makes a mistake, such mistake or its consequence should not, in general, be visited on his client who, in most cases is a layman. Can the defendant/applicant who has been or is a legal practitioner be such a client? I certainly think not. There is therefore, no good reason given for the delay bringing this application.”

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PROCESS SIGNED BY A FIRM OF LEGAL PRACTITIONERS IS NOT VALID IN LAW

The said section 573(1) of Companies and Allied Matters Act Provides as follows:- ‘Every individual firm or corporation having a place of business in Nigeria and carrying on business under a business name shall be registered in the manner provided in this part of this Act The above is not an authority that can be relied upon to uphold the view that a process signed and filed by a firm of legal practitioners which has no live is valid in law. The general provision of the law as in section 573(1) of Companies and Allied Matters Act is subject to the specific provisions of section 2(1) and 24 of the Legal Practitioners Act. See: FMBN v. Olloh (2002) 4 SC (Pt. 11) 177 at 122-123; Kraps Thompson Org.v. NIPSS (2004) 5 SC (Pt.1) 16 at 20-21.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

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ASSESSING COSTS

Assessment of the amount allowed in terms of the award of costs is the responsibility of the Court who determines what reasonable costs in the circumstances are. And when the Court in exercise of its discretion orders the costs payable and does so without being capricious id est in the sense that it is ordered in honest exercise of his discretion.

– P.O. Elechi, JCA. Emori v. Egwu (2016) – CA/C/259/2013

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