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LEGAL PRACTITIONERS ARE TO KEEP ABREAST WITH THE PRONOUNCEMENTS OF THE SUPREME COURT

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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 the Constitution of the Federal Republic of Nigeria 1999 its decisions are final. In other words, a decision of the Apex Court settles the position of the law in respect of a particular issue and becomes a binding precedent for all other courts of record in Nigeria. Legal practitioners have a responsibility to keep abreast of the pronouncements of the Court and advise their clients accordingly. It is wrong to ignore decisions of this Court and seek to perpetuate a position that has already been pronounced upon. This is one of the causes of congestion in our courts and must be discouraged.”

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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 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

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RULES OF PROFESSIONAL CONDUCT FOR LAWYERS HAS A FORCE OF LAW

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)

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PENDING DETERMINATION BY THE CCT, THERE IS NO LAW THAT PROHIBITS A LEGAL PRACTITIONER (EVEN IF A PUBLIC SERVANT) FROM RIGHT OF AUDIENCE IN COURT

‘The right of audience in court is governed by the Legal Practitioners Act. It is clear from the provisions of sections 2 and 8 of the Legal Practitioners Act that as long as the name of a legal practitioner remains on the roll, it is wrong to deny him right of audience in court. The procedure for removal of names of legal practitioners from the roll or to deny a legal practitioner right of audience in court is clearly set out under the Legal Practitioners Act. It is only for non-payment of the yearly practising fee that a court can deny a legal practitioner whose name is on the roll the right of audience in Court. The Legal Practitioners Act, does not provide for any other circumstances for denying a Legal Practitioner the right of audience in court apart from the direction of the disciplinary committee or by implication from the constitution, as a result of an Order by the Code of Conduct Tribunal. Support for this view can be found in the decision of Benin High Court Presided by Justice Ogbonine, in the case of OLOYO V ALEGBE (1981) 2 NCLR 680, where his Lordship Ogbobine, J. rejected an objection against the appearance of Mr. Alegbe in court (and while leading other lawyers) for himself as the speaker of the Bendel State House of Assembly. Hear his Lordship. “I do not think it is right for any court to disqualify a Legal Practitioner from practicing his profession, except on very sound grounds set out under the Legal Practitioner’s Act and other enabling law and regulations made to that effect”. It is beyond reproach that the primary legislation that disqualifies any person whose name is on the roll from acting as Barrister and or Solicitor officially or in private is sections 8 (2) of the Legal Practitioner’s Act, which deals with payment of practicing fee.’

— S. Kado J. Akazor Gladys & Ors. V. Council of legal education (NICN/ABJ/346/2017, 20th day of March 2019)

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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 (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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EFFECT OF COUNSEL STATEMENT FROM THE BAR

It is settled that a statement by a counsel from the Bar has the character of an oath and the court is bound to take this into consideration. See Tika Tore Press Ltd. v. Umar (1968) 2 ALL NLR 107.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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