Learned counsel should refrain from manufacturing facts to suit the interest of his client. As a minister in the Temple of Justice, counsel should always be guided by raw facts as disclosed by the evidence before the Court. To be forewarned is to be forearmed, learned counsel should heed to this advice against the future.
– Adamu Jauro, JSC. Enabeli v. State (2021)
SHARE ON
I have to emphasise that the legal status of the rules of professional conduct in the legal profession made by the General Council of the Bar pursuant to Section 1 of the Legal Practitioners Act, Laws of the Federation of Nigeria 2004 is that of a subsidiary legislation since it is made by provision in a statutory enactment – see Fawehinmi v. NBA (No. 2) (1989) 2 NWLR (Pt. 105) 558 at 614; (1989) 20 NSCC (Pt. 11) 43 at 69. By virtue of Section 18(1) of the Interpretation Act, a subsidiary legislation has the force of law.
— W.S.N. Onnoghen JSC. Yaki (Rtd) & Anor. V. Senator Bagudu & Ors. (SC.722/2015, 13 Nov 2015)
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
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)
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.”
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 take a bow and rest but bid their time for the next election. In this wise, they are far wiser than the lawyers.
– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021
A counsel who settles a process in a court is also a counsel in the matter and it cannot be right as held at the trial that Igboekwe Esq. was not a counsel or had not appeared for the appellants. The said Igboekwe Esq. had been specifically mentioned in the application for adjournment as the senior in chambers who will handle the reply to the application that was moved.
— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)
Click the icons to like, follow, and join JPoetry