RULES OF PROFESSIONAL CONDUCT FOR LAWYERS APPLIES TO WHEN A LAWYER IS ACTING IN A LEGAL PRACTITIONER CAPACITY

NATURE OF RELATIONSHIP BETWEEN CLIENT & COUNSEL

The nature of the legal relationship between Counsel and his client, which exists in this case between plaintiff and PW1, his Counsel, is one of an independent contractor and not one of principal and agent. (See Performing Right Society Ltd v. Mitchell &.Booker Palais de Danse Ltd (1924) 1 KB 702 at page 365 per McCardie J). It is not that of master and servant. Counsel is clearly not a servant of his client. It is accepted that where a client gives specific instruction to Counsel, such instruction must be adhered to. Where the nature of the specific instruction is in conflict with the manner of discharging his professional skills and interferes with his control of how to conduct the case of his client, Counsel is entitled to return the brief to his client. Counsel who is in law, the dominis litis is not bound to obey any such instructions. It is in the exercise of his apparent general authority in the discharge of his professional duties to his client, to have complete control how such instructions are to be carried out, and over the conduct of the case.

– Karibi-Whyte, JSC. Afegbai v. A.G Edo State (2001)

COUNSEL SHOULD NOT MANUFACTURE FACTS IN COURT

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)

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)

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

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)

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)

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)