Again, a Court lacks jurisdiction to look into whether or not a counsel has instruction or briefing of his client to appear in Court. See State V Mathew (2018) 9 NWLR (Pt. 1625) 399, 412. It is only the party that is being represented by counsel that can question the representation.
– Ekanem JCA. C.O.P. v. Doolor (2020) – CA/MK/182/2017
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Learned counsel, as officers in the temple of justice have a sacred duty to assist the court to do substantial justice in any matter before it. His first duty is to the court. The second to his client. It is almost five years to the day since the ruling complained of was delivered. Precious judicial time and resources have been wasted pursuing technicalities.
– Kekere-Ekun JCA. Adewoyin v. Executive Governor (2011)
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)
‘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)
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.”
However, learned Counsel for the Respondent failed to draw the attention of the Court to this previous decision. Clearly, he had a duty in law to do so; see Global Trans. S.A. v. Free Enter. (Nig.) Ltd. (2001) 5 NWLR (Pt.706) 426 where it was stated that it is the duty of Counsel to draw the Court’s attention to previous decision of the Court on the same subject matter.
— I.E. Ekwo, J. Daudu v FIRS (2023) – FHC/ABJ/TA/1/2021
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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