WHERE WITNESS DEPOSITION IS SIGNED IN A LAWYER’S OFFICE

Under cross-examination, DW3 admitted that he signed his deposition in the chambers of his counsel. However, there is no evidence before me that DW3 did not present himself before the Commissioner for Oaths to be sworn. The name and signature of the Commissioner for Oaths is on the deposition together with the date it was sworn. There is therefore a presumption of regularity in the statement on oath by virtue of Section 168 of the Evidence Act 2011. See Auta v Olaniyi [2004] 4 NWLR (Pt 863) 394.

— O.A. Obaseki-Osaghea, J. Akinsete v Westerngeco (2014) – NICN/LA/516/2012

Was this dictum helpful?

WHERE COUNSEL ABSENT, BRIEF WILL BE DEEMED ADOPTED

The Respondent’s Brief of Argument dated and filed on 3rd November, 2020, which was settled by Adedotun Ishola Osobu Esq, was deemed adopted pursuant to Order 19 Rule 9(4) of the Court of Appeal Rules, 2016.

— A.B. Mohammed, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020

Was this dictum helpful?

CONVENIENCE OF COUNSEL SHOULD HAVE NO PREEMINENCE OVER THE DICTATE OF THE LAW

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

Was this dictum helpful?

THE RATIONALE FOR LAWYER-CLIENT PRIVILEGE

The general principle on which the above statutory provision is grounded is as stated by Holden J in the case of Iris Winifred Horn v. Robert Rickard (1963) NLR 67 at 68 or (1963) 2 All NLR 40 at 41 as follows: “Every client is entitled to feel safe when making disclosures to his solicitor or counsel, and there are cases establishing firmly that counsel cannot be called to give any evidence which would infringe the client’s privilege of secrecy.”

Was this dictum helpful?

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

Was this dictum helpful?

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.”

SENIOR ADVOCATES SHOULD BE PROFESSIONAL IN ACTS

Reach more audience. Place advert here.

Was this dictum helpful?

WHERE WITNESS DEPOSITION IS SIGNED IN A LAWYER’S OFFICE

Was this dictum helpful?

WHERE COUNSEL ABSENT, BRIEF WILL BE DEEMED ADOPTED

Was this dictum helpful?

CONVENIENCE OF COUNSEL SHOULD HAVE NO PREEMINENCE OVER THE DICTATE OF THE LAW

Was this dictum helpful?

THE RATIONALE FOR LAWYER-CLIENT PRIVILEGE

Was this dictum helpful?

LAWYERS VS POLITICIANS: MASTERS OF THE LAW VS MASTERS OF THE GAME

Was this dictum helpful?

COUNSEL (APPEARING FOR HIMSELF) WILL HAVE HIS MISTAKES VISITED ON HIM

Was this dictum helpful?