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ONLY THE CLIENT CAN WAVE THE LAWYER-CLIENT PRIVILEGE; IT IS ABSOLUTE

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It has now become a well-entrenched principle that no counsel or solicitor shall accept a brief where it is clear that the services to be rendered flow out of or are closely connected with the previous services he had rendered to the opposing side. So also is it that a solicitor is not permitted to disclose the contents or the condition of any document with which he has become acquainted in the course of and for the purpose of such employment. This privilege is that of the client and not of the legal practitioner and as such, it can only be waived by the client. The right of confidentiality guaranteed by this provision is absolute. This is so, because even the courts cannot generally, compel counsel to disclose information given to him by his client in confidence.

— P.O. Aderemi JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)

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MEANING OF DISCLOSURE IN RESPECT TO LAWYER AND CLIENT PRIVILEGE

The operative and functional word in the section is “disclose”. The word means to make known, especially something that has been kept secret, publicly. Disclosure, the noun variant of the word “disclose” means the act of disclosing secret facts. A person can only disclose a fact which is not known to the public. In other words, a person can only disclose facts which are hidden from the public. And public here does act necessarily convey its general unguarded parlance of people in general or for the use of many persons. It could mean for the use of any person. It conveys the opposite meaning of “not private”. What is the position of exhibit 7 in terms of secrecy?

— N. Tobi JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)