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SENIOR ADVOCATES SHOULD BE PROFESSIONAL IN ACTS

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Dictum

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)

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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

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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)

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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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COUNSEL AGREEMENT WITH OPPOSING PARTY IS BINDING

In Swinfen v. Swinfen 26 LJ Co P 97, Blackburn, J, stated the position as follows:- “Counsel therefore being ordinarily retained to conduct a cause without any limitation, the apparent authority with which he is clothed when he appears to conduct the cause is to do everything which in the exercise of his discretion, he may think best for the interest of his client in the conduct of the cause.and if within the limits of this apparent authority he enters into agreement with the opposite Counsel as to the cause, on every principle this agreement should be binding.”

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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)

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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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