PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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| TITLE | MAIN ISSUES |
| ABAYOMI BABATUNDE VS PAN ATLANTIC AND TRANSPORT AGENCIES | ETHICS – LEGAL PRACTITIONER – BRIEF WRITING:- Where the facts of a case and the law applicable to it are very straight forward, clear and unambiguous – Duty of Counsel not to confuse the facts and the law applicable in a given case or to waste the court’s time and energy by putting up strenuous arguments and submissions on issues that are quite irrelevant to a case – Attitude of court to failure thereto |
| ABDU V. THE STATE | ETHICS – JUDGE: – Trial court judge – Whether it is essential that all persons who hold the high office of a High Court Judge and the like must always and constantly display learning, understanding and an appreciable level of awareness of their responsibilities in the performance of their duties and obligations – Attitude of appellate court to failure thereto |
| ABDULHAMID V. AKAR | ETHICS – LEGAL PRACTITIONER: – Recourse to the inelegant procedure of Fundamental Rights (Enforcement Procedure) Rules, 1979 to initiate suits where writ of summons would be appropriate – Need for counsel to study the facts of the case well so as determine an originating procedure which will not lead to the loss of their client’s viable case on ground of jurisdiction |
| ABDULLAHI ISA V. THE QUEEN | ETHICS – PROSECUTION: Failure to prove case due to inconsistent testimony from multiple prosecution witnesses |
| ABUAH IN RE | ETHICS – LEGAL PRACTITIONER:- Professional Ethics – Person struck off the Roll of Legal Practitioners due to conviction for a criminal offence – Application for re-instatement of applicant’s name on the Roll of Legal Practitioners in Nigeria – Factors considered by court – Grant of free pardon to lawyer- Effect. |
| ABUAH V. LEGAL PRACTITIONERS COMMITTEE | PROFESSIONAL ETHICS – Legal Practitioners Committee – Legal Practitioners Act Cap. 101 – Striking of the roll – Officer of Court – Whether Court has discretion to strike name off the roll – Grounds – Conviction for a criminal offence – Enquiry into conduct of Legal practitioner following conviction for criminal offence – Legal Practitioners Act Cap. 101, section 31. |
| ABUAH V. QUEEN | ETHICS: Legal Practitioner – Forgery, uttering and obtaining by false pretences – When an act on behalf of a client by a lawyer is not bona fide – |
| ADDIS V. CROCKER AND OTHERS (CA) | ETHICS – PROFESSIONAL LIABILITY: Lawyers – Discipline – Disciplinary committee – Privilege against liability for defamation – Solicitors Act, 1957(5 AND 6 Eliz 2 c 27), s 46 – Solicitors (Disciplinary Proceedings) Rules, 1957 (SI 1957 No 2240), r 21. |
| ADEPEHIN V. THE QUEEN | ETHICS – PROSECUTOR:- Failure of prosecution to appeal decision of a trial court – Attitude of appellate court thereto |
| ADEPOJU V. ADEPOJU | ETHICS – LEGAL PRACTITIONER:- Matrimonial proceedings – Divorce – Necessity that Counsel drawing up divorce petitions comply strictly with the Rules and follow as closely as possible the statutory forms laid down – Need for Counsel to ensure that the descriptions of the parties and the place where the marriage was celebrated and place of cohabitation agree with those given in the marriage certificate – Where there are discrepancies – Proper way to handle same |
| ADEYEMI V. ADEYEMI | ETHICS – MEDICAL PRACTITIONER: – Doctor treating child of married woman – Propriety of carrying on sexual relations with woman – Attitude of court thereto |
| ADOKO V. PAL | ETHICS –LEGAL PRACTITIONER: – Reputation of a legal practitioner – Relevance for defamation actions – When a legal practitioner’s libel action in defence of professional reputation would be deemed an abuse of court process |
| ADUKE V. ABIONA | ETHICS – LEGAL PRACTITIONER: Poor guidance of client – Effect – Attitude of court thereto |
| AGBONMAGBE BANK LIMITED V. G. B. OLLIVANT | ETHICS – LEGAL PRACTITIONER:- Duty of counsel – Duty to file writs and pleadings which properly reflect the right parties to the suit – Effect of failure thereto |
| AGU V. IKEWEBE | |
| AJISEFINI V. THE QUEEN | ETHICS – LEGAL PRACTITIONERS:- Murder trials – Where accused person has multiple counsels – Duty of leading Counsel to be present |
| AKANNI V. THE QUEEN | ETHICS – PROSECUTION/POLICE: Failure to provide relevant evidence necessary to convict for a horrible crime – Effect |
| AKIN ADEJUMO V. AYANTEGBE | ETHICS – LEGAL PRACTITIONER:- Appellate proceedings – Need for Counsel to argue Appeal on issues for determination and not grounds of appeal – Attitude of court to failure thereto – Effect |
| AKINOLA OLATUNBOSUN V. THE STATE | ETHICS – LEGAL PRACTITIONER- DUTY: – Duty of counsel to promptly take objection to any perceived irregularity relating at least to procedure or charge |
| AKINTOLA AND ANOR. V. SOLANO | ETHICS – LEGAL PRACTITIONER:- Pleadings – Duty of counsel to draft proper pleadings – Duty of court and counsel to ask for proper reliefs based on the State of pleadings from Court – Duty of Counsel to know the State of the law with regard to any applicable set of facts and be ready to address the court on same |
| AKPASUBI V. UMWENI | ETHICS:– Legal Practitioner – Evidence rejected/discredited by trial court and not appealed against – Questions of facts appealed against without leave of court sought and obtained – Effect on client’s brief |
| ALADE V. PAYNE | ETHICS – JUDGE:- Trial Court – Effect of relying upon evidence from a prior judgment relating to the res which is not properly before the court – Attitude of appellate court thereto |
| ALADE V. ALEMULOKE AND OTHERS | ETHICS – LEGAL PRACTITIONER:- Need to help decongest Courts and not inundate the courts with appeals that should not come before it |
| ALAKIJA V. THE MEDICAL DISCIPLINARY COMMITTEE | ETHICS – MEDICAL PRACTITIONER:- Investigation of wrongdoing against member of a professional group – Constitution and sitting of investigative panels – need to observe rules of fair hearing and natural justice |
| ALHAJI ABDULKADIR BALARABE MUSA V. AUTA HAMZA & ORS | ETHICS – LEGAL PRACTITIONER:- Negligence – Failure to observe rules of court – No exceptional circumstances shown for application for extension of time to file the brief – Where judgment of the Court of Appeal has not been exhibited for the application to amend and argue additional grounds of appeal – Effect |
| ALLINSON V. GENERAL COUNCIL OF MEDICAL EDUCATION AND REGISTRATION. | ETHICS – MEDICAL PRACTITIONER: Medical Practitioner – General Council of Medical Education and Registration – Removal of Name from Register – Power of Court to review Decision – “Infamous conduct in a professional respect” – Judicial Inquiry – Domestic Forum – Personal Interest of Member of Tribunal – Medical Act (21 AND amp; 22 Vict. c. 90), ss. 28, 29. |
| ANEKWE V. NWEKE | ETHICS – LEGAL PRACTITIONER:- Obnoxious and reprehensible customary law – Propriety of learned counsel arguing for the perpetuation of same – Attitude of court thereto |
| ANI V. QUEEN | ETHICS – PROSECUTION/JUDGE: – Admission of witness of spouse of an accused person –Whether proof of nature of marriage is a condition precedent – Attitude of appellate courts to failure thereto |
| ANYA V. ANYA & ORS | ETHICS – LEGAL PRACTITIONER:- Appeal – Records of lower court – Introduction and attributation of extraneous materials not in the records to lower court by counsel – Attitude of court thereto |
| ANYIAM V. THE QUEEN | ETHICS – CORRUPTION: A junior officer demanding a bribe on the instruction of his senior officer – Whether establishing that is enough to succeed in proving guilt of junior officer |
| ARC. OLUCHUKWU ODEGA V. MR. AUGUSTINE OLLOH |
ETHICS – LEGAL PRACTITIONER: Failure of appellate brief to distil any issue for determination – Attitude of court thereto ETHICS – COURT: Perverse judgment – Miscarriage of justice due to abuse of discretion of court by judge – Abuse of court’s power to act suo motu –Gross disregard of the essence of collective moral subjection to constituted authority by judge – Display of contempt for judicial gravity leading to rushed judgment and crushed justice – Neglect of the dictum: “To qualify as a just trial under Section 36 of the Constitution, the hearing must be seen to be impartial, dispassionate, non-discriminatory, even-handed, reasonable and rational” – Attitude of appellate court thereto |
| AREHIA V. THE STATE | ETHICS – LEGAL PRACTITIONERS:- Inexperienced legal practitioner/prosecutor – Handling sensitive criminal proceedings – Effect – Attitude of court thereto |
| AROMASHODUN V. OGUNMEKAN | ETHICS – LEGAL PRACTITIONER:- Failure to turn up for trial – Attitude of Court to award of costs arising therefrom |
| ARUNA & ANOR. V THE STATE | ETHICS – PROSECUTION:- Duty of prosecution to ensure that complainants are neither allowed nor encouraged to use the machinery of government to settle personal scores – Attitude of court thereto |
| ASANYA V. STATE | ETHICS – LEGAL PRACTITIONER:- Counsel’s duty of industry and diligence – Grasp of appellate brief and practice – Necessity of |
| ATAKE V. THE ATTORNEY-GENERAL OF THE FEDERATION AND ANOR | ETHICS – JUDGE AND LEGAL PRACTITIONER:- Need to uphold the honour and integrity of the court and judicial process – Duty of court not to use inherent power to punish for contempt to suppress methods of advocacy of lawyers merely because the methods appear offensive to the judge |
| ATTORNEY GENERAL, CROSS RIVERS STATE V. ESSIEN | ETHICS – JUDGE/JUDICIAL OFFICER:- Misconduct – What constitutes – Whether proper to draw a line between the private and public lives of a judge – Whether merely reacting by writing a strongly worded letter to ward off an allegation of a scandalizing nature cannot amount to misconduct. |
| ATTORNEY-GENERAL OF THE GAMBIA V. PIERRE SARR N’JIE | ETHICS – LEGAL PRACTITIONER: Barrister – Professional misconduct – Disciplinary power of judge to strike name of legal practitioner off the Roll- Exercise by deputy – Whether a judicial power – Gambia. |
| AYEBAKURO V. TARIAH & ORS | ETHICS:– LEGAL PRACTITIONER: – Signing of processes – Effect of endorsing with the name of law firm instead of legal practitioner – Effect of amending process without leave of court |
| AYO ALABI & ANOR V. ADEGBOYE | ETHICS – LEGAL PRACTITIONER:- Negligence in distilling ground of appeal arising from judgment appealed from – Failure to distinguish between striking out of a case and its dismissal – Effect on entire appeal |
| AYOKE V. BELLO |
ETHICS – LEGAL PRACTITIONER:- Need for counsel to comply with rules of court ETHICS – LEGAL PRACTITIONER:- Briefs of argument When Court considers same not good enough – Where Counsel argue the grounds of appeal per se rather than arguing the issues formulated by them – Where Counsel treats the issues identified in the cross‑appellant’s brief as argument which has to be met by either criticising them or proffering arguments in rebuttal coupled with citation of some decided cases – Attitude of court thereto |
| BABILLA V. QUEEN | ETHICS – LEGAL PRACTITIONER:- Failure of prosecutor to prove key element of offence charged – Effect |
| BALOGUN V. ALHAJI BUSARI AMUBIKAHUN | ETHICS:- Lawyer sued for malicious prosecution through the procurement of another to level unproven allegations of theft and attempted killing of lawyer through witchcraft over land dispute – Allegation of persecution of plaintiff by lawyer – Attitude of court thereto |
| BALOGUN V. NATIONAL BANK OF NIGERIA LTD | ETHICS – LEGAL PRACTITIONER:- Whether lawyer is a trader – Relevance |
| BARRATT V. GOUGH-THOMAS |
ETHICS – LEGAL PRACTITIONER: Solicitor acting for both parties to a mortgage transaction – Where mortgagee dies and appoints solicitor co-executor of estate – Exercise of right of lien due to unpaid fees by mortgagor – When precluded by conflict of interests ETHICS – LEGAL PRACTITIONER: Solicitor – When can claim a lien on title deeds in his custody against a person demanding their delivery – Need, at date of such demand, for possession of the deed to be referable to the relationship of solicitor and client between himself and the claimant |
| BATURE MANYA V. STATE | ETHICS – LEGAL PRACTITIONER – PROSECUTION:- As officers of the court – Impugning of court records without satisfying conditions precedent for such challenge – Attitude of court thereto |
| BELLO ADELEKE V. BENJAMIN ADEWUSI | ETHICS – LEGAL PRACTITIONER: Introduction of evidence without connecting same to the merits of the case – Attitude of courts to practice and in the award of costs |
| BELO RAJI V. X (A LEGAL PRACTITIONER) | ETHICS – LEGAL PRACTITIONERS:-Supreme Court (Civil Procedure) Rules, 1945 -Order XVI, Rule 15 – Agreements fur costs-Liability of legal practitioners to clients for damage caused by crassa negligentia |
| BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS | ETHICS – LEGAL PRACTITIONER: – Counsel – Use of words or phrases that are derogatory, insulting or embarrassing to the opposing party or Counsel |
| BENTLEYS, STOKES AND LOWLESS V. BEESON (INSPECTOR OF TAXES) | ETHICS – LEGAL PRACTITIONER:- Income tax filings – Deductions – Entertainment of business clients – Whether deductible – How ascertained |
| BOLANLE ABEKE V. THE STATE | ETHICS – LEGAL PRACTITIONER:- Counsel – Duty on to refrain from using intemperate language on Judges |
| BONIFACE ADONIKE V. THE STATE | ETHICS – LEGAL PRACTITIONER – PROSECUTOR:- Need to conduct prosecution with care – Effect of failure thereof – Attitude of courts thereto |
| BRAIDS V. BRAIDS | ETHICS:– Legal Practitioner – Erroneous inclusion in pleadings of matter not sought to be pleaded by client – Duty of counsel to set out carefully the facts relied upon in petitions in matrimonial causes – Attitude of court to failure thereto – Effect |
| C.G.G V OGU | |
| CONGRESS FOR PROGRESSIVE CHANGE & ANOR V. HON. EMMANUEL DAVID OMBUGADU & ANOR |
ETHICS – LEGAL PRACTITIONER:- Duty of counsel
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| DARE KADA V. THE STATE | ETHICS – LEGAL PRACTITIONER:- Failure of counsel to diligently prosecute a case – Condemnation of. |
| DENTON V. ABEJE | ETHICS – LEGAL PRACTITIONER:- Counsel’s duty in respect of cases re-stated |
| DICKSON MOSES V. THE STATE | ETHICS – LEGAL PRACTITIONER: – Need for counsel not to misdirect the court – Counsel carefully avoiding quoting the court records holistically so as to make the conclusion meaningful and understandable in the context in which it was reached thereby engendering confusion – Attitude of court thereto |
| DOHERTY V. OGBARA | ETHICS – LEGAL PRACTITIONER:- Pleadings – Drafting of claim or defence – Duty of counsel to draft pleadings reflecting the claim or defence intended at hearing of suit |
| EDWARD ANIEMEKE AND ANOTHER V. THE QUEEN | ETHICS – LEGAL PRACTITIONER: Failure of prosecution to proper charge accused person – Propriety of lumping together separate multiple counts into one |
| EGHAREVBA V. THE STATE | ETHICS – LEGAL PRACTITIONER:- Referring to judicial officer in the third person pronoun – Propriety thereof – Whether on no account should a judicial officer be addressed or referred to by pronouns |
| EKPO V. THE FEDERAL REPUBLIC OF NIGERIA | ETHICS – LEGAL PRACTITIONER:- Negligent representation – Failure to appeal excessive sentencing of a young person or first time offender – Effect – Attitude of court thereto |
| EKPO V. THE STATE | ETHICS – LEGAL PRACTITIONER:- Negligent representation – Failure to appeal excessive sentencing of a young person or first time offender – Effect – Attitude of court thereto |
| ELABANJO V. ALHAJA A. O TIJANI |
ETHICS – LEGAL PRACTITIONER:- Rule of practice that Counsel appearing in a case should not ordinarily act as counsel and witness – Need not to confuse rules of etiquette and practice at the Bar with rules of law like the legal competence of counsel at all material times to give evidence – Whether counsel can be punished for breaking rules of practice at the Bar by giving evidence but still remain competent witness for the purpose of the outcome of the case. ETHICS – LEGAL PRACTITIONER:- Material/relevant fact within the peculiar the knowledge of counsel – Where counsel elects to give evidence himself and immediately applied by motion to be dismissed as counsel in the matter – Whether perfectly legal, perfectly ethical and professionally permissible. ETHICS – LEGAL PRACTITIONER:- Withdrawal/retirement of counsel from a case to give relevant evidence – Where such withdrawal will jeopardize the interest of the client – Important qualification to the practice demanding the retirement of counsel who had appeared as witness in the case he is conducting – Effect |
| ELEBUTE V. ODEKILEKUN | ETHICS – JUDGE:- Adoption of unprecedented and insupportable procedure |
| ELEPO V. OGANLA | ETHICS – JUDGE:- Effect of improper use of previous records of proceedings on judgment of trial court |
| ELIZABETH ETIM ENEYO V. ADIM EFFIOM NSA & ANOR | ETHICS – LEGAL PRACTITIONER – MISTAKE OF COUNSEL:– Legal brief as the work of the counsel to the litigant – Whether implies that counsel alone can be blame worthy if any error or omission arises – Whether just to penalize a litigant for any error, mistake, omission or even blunder committed by his counsel |
| EMMANUEL T. AYENI and ORS V. WILLIAM ABIODUN SOWEMIMO | ETHICS – LEGAL PRACTITIONER:- Words used by Counsel during legal proceedings – Whether to be construed in its technical sense in applicable cases – Duty of legal practitioner not to use a misapplied or misapprehended term – Effect – Duty of court thereto |
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HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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