Ordinarily,
the concerned part of the decision of Lagos division of the Court of Appeal in
Elias v Ecobank (supra) ought not be of immense interest to practicing lawyers
but for the requirement of a certain number of Court of Appeal judgments in an
application for the prestigious rank of Senior Advocate of Nigeria, which might
have prompted the learned senior lawyer to make such an audacious application
as would be seen later hereunder.
the concerned part of the decision of Lagos division of the Court of Appeal in
Elias v Ecobank (supra) ought not be of immense interest to practicing lawyers
but for the requirement of a certain number of Court of Appeal judgments in an
application for the prestigious rank of Senior Advocate of Nigeria, which might
have prompted the learned senior lawyer to make such an audacious application
as would be seen later hereunder.
As
it is my style, I will once again, lead my audience into the facts of the case
under this spotlight for the necessary appreciation of the court’s ratio as to
the names that ought to appear in judgment of courts.
it is my style, I will once again, lead my audience into the facts of the case
under this spotlight for the necessary appreciation of the court’s ratio as to
the names that ought to appear in judgment of courts.
As
borne by the judgment, during the pendency of Appeal Number: CA/L/873/2013, Dr.
Charles Mekwunye’s clients (the appellants) demolished the property subject
matter of the suit and when delivering the judgment, although the name of the
counsel who adopted the appellants’ brief was not reflected in the end of the
judgment and in the judgment itself,
Obaseki – Adejumo JCA held thus:
borne by the judgment, during the pendency of Appeal Number: CA/L/873/2013, Dr.
Charles Mekwunye’s clients (the appellants) demolished the property subject
matter of the suit and when delivering the judgment, although the name of the
counsel who adopted the appellants’ brief was not reflected in the end of the
judgment and in the judgment itself,
Obaseki – Adejumo JCA held thus:
“In his brief of
argument, appellants’ counsel was silent on the contemptuous conduct of the
appellants by demolition of the property. It is the duty of counsel to exhibit
high level decorum and candour and fairness to the court and to other lawyers …
counsel appearing before any court owes a bounden duty to be diligent, treat,
the court with respect, honesty and mutual courtesy…”
argument, appellants’ counsel was silent on the contemptuous conduct of the
appellants by demolition of the property. It is the duty of counsel to exhibit
high level decorum and candour and fairness to the court and to other lawyers …
counsel appearing before any court owes a bounden duty to be diligent, treat,
the court with respect, honesty and mutual courtesy…”
Dissatisfied
with the omission of their counsel’s name in the judgment and the
uncomplimentary remark of the presiding Justice, the appellants filed an
application at the same court, for an order “reviewing and/or varying and/or
annulling part of the judgement” to show that Mr. E. Nwonu holding the brief of
Dr. Charles Mekwunye was in court and adopted the appellants’ brief and to
“delete the said remarks made by Obaseki – Adejumo, JCA against their counsel
to show that Dr. Charles Mekwunye appeared for them when judgement was
delivered.
with the omission of their counsel’s name in the judgment and the
uncomplimentary remark of the presiding Justice, the appellants filed an
application at the same court, for an order “reviewing and/or varying and/or
annulling part of the judgement” to show that Mr. E. Nwonu holding the brief of
Dr. Charles Mekwunye was in court and adopted the appellants’ brief and to
“delete the said remarks made by Obaseki – Adejumo, JCA against their counsel
to show that Dr. Charles Mekwunye appeared for them when judgement was
delivered.
In
ruling on the application, Augie, JCA (now JSC) held thus:
ruling on the application, Augie, JCA (now JSC) held thus:
“Now
the applicants are urging us to review and/or vary and/or annul part of the judgment
to reflect three things… The third which is to vary the judgement to show that
the said Dr. Charles Mekwunye was in court when the judgment was delivered, is
out of the question because, as the respondent said, it is the names of
counsel who argued the appeal itself that are listed in the judgment, not the
name of counsel who merely appeared on the date of judgment…..so the Constitution
recognizes that delivery of a judgment is a different process entirely from the
writing of the judgment, wherein the names of counsel who adopted the briefs of
argument at the appeal are listed.” (Emphasis mine)
the applicants are urging us to review and/or vary and/or annul part of the judgment
to reflect three things… The third which is to vary the judgement to show that
the said Dr. Charles Mekwunye was in court when the judgment was delivered, is
out of the question because, as the respondent said, it is the names of
counsel who argued the appeal itself that are listed in the judgment, not the
name of counsel who merely appeared on the date of judgment…..so the Constitution
recognizes that delivery of a judgment is a different process entirely from the
writing of the judgment, wherein the names of counsel who adopted the briefs of
argument at the appeal are listed.” (Emphasis mine)
From
the foregoing decision which, to my knowledge, is yet to be set aside by the
Supreme Court, the prevalent practice in judgment writing which lists the name
of counsel present at judgment delivery at the expense of counsel who conducted
the case or adopted the final address, ought to be relegated to the background
on the strength of this 2016 but extant position of the Court of Appeal.
the foregoing decision which, to my knowledge, is yet to be set aside by the
Supreme Court, the prevalent practice in judgment writing which lists the name
of counsel present at judgment delivery at the expense of counsel who conducted
the case or adopted the final address, ought to be relegated to the background
on the strength of this 2016 but extant position of the Court of Appeal.
I
however hope this decision doesn’t open a floodgate of applications for the
correction of judgments and rulings which have omitted the names of counsel who
argued the briefs or adopted the final addresses at the respective courts.
however hope this decision doesn’t open a floodgate of applications for the
correction of judgments and rulings which have omitted the names of counsel who
argued the briefs or adopted the final addresses at the respective courts.
Olumide Babalola writes from
Lagos State.
Lagos State.