STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

LEGAL DOCUMENTS WITHOUT LAWYER’S STAMP ARE NOT INCOMPETENT; CAN BE REGULARISED

Reach more audience. Place advert here.

In SC. 663/2015 Mega Progressive Peoples Party v. INEC and 3 Ors. Decided by this Court on the 12th of October, 2015, on the issue of affixing seal, stamp to legal documents etc, this Court said that: “Failure to affix the Nigerian Bar Association stamp cannot invalidate processes filed in court.” The clear interpretation of the above is that processes without the Nigerian Bar Association stamp, etc are valid. Is there a conflict with the decision in this appeal? In this appeal this Court says that legal processes without stamp or seal are voidable. That is to say such documents are deemed not to have been properly signed and not that they are invalid. Such documents are redeemed and made valid by a simple directive by the Judge or the relevant authority at the time of filing the voidable document for erring counsel to affix stamp and seal as provided for in Rule 10 of the Legal Practitioners Act … Failure to affix stamp, seal to a legal process, renders such a process voidable. A voidable legal process is made valid when counsel affixes the stamp and seal to the said legal process.

— Rhodes-Vivour JSC. Yaki (Rtd) & Anor. V. Senator Bagudu & Ors. (SC.722/2015, 13 Nov 2015)

Was this dictum helpful?

SHARE ON

lawyer

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)

Was this dictum helpful?

SENIOR ADVOCATES SHOULD BE PROFESSIONAL IN ACTS

Learned Senior Advocates, being not only officers of the Court but supposedly noble and worthy knights in the temple of justice should be more silky in the administration of justice, particularly in election or pre-election disputes. I will, at any time, hate to recall the antonyms of the word “silky” in relation to the manner they conduct themselves in the Court. A baseless and frivolous categorization of the political leaders as criminals has its negative reciprocal bearing on the total image of the Nation. – Ejembi Eko JSC. APC v. Obaseki (2021)

Was this dictum helpful?

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 doubt that the Judge did not say that the depositions were of no assistance to him . Rather, what he said was that they were of little assistance to him . He is therefore misunderstood or quoted out of context.

– Sanusi JCA. Enejo v. Nasir (2006)

Was this dictum helpful?

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 dictum helpful?

COURT CANNOT QUESTION COUNSEL ON INSTRUCTION TO ACT FOR CLIENT

Again, a Court lacks jurisdiction to look into whether or not a counsel has instruction or briefing of his client to appear in Court. See State V Mathew (2018) 9 NWLR (Pt. 1625) 399, 412. It is only the party that is being represented by counsel that can question the representation.

– Ekanem JCA. C.O.P. v. Doolor (2020) – CA/MK/182/2017

Was this dictum helpful?

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

Was this dictum helpful?

No more related dictum to show.