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 NISSUES |
| ESSIEN V. STATE | ETHICS – PROSECUTION:- Duty as a law officer – Failure to prove case – Anchor of a murder case on the conflicting testimony of 7 year old daughter of accused person – Effect |
| ETIM V. ETIM | ETHICS – LEGAL PRACTITIONER: – Pleadings – Using of precedent for drafting provided by leaned authors in books without adaptation to circumstance of case at hand – Where client’s case is prejudiced therefrom – Whether court has discretion to treat same as mistake |
| EZEA V. QUEEN | ETHICS – LEGAL PRACTITIONER: – Briefs – Murder brief and lesser briefs – Duty to give priority to murder brief |
| EZEDIUFU V. THE STATE | ETHICS – LEGAL PRACTITIONER:- Use of hyperbolic statement in attacking judgment of a court appealed against – Allegation that a Judge “convicted” an accused person ever before considering his defence” – Attitude of appellate court thereto ETHICS – LEGAL PRACTITIONER:- Failure of counsel to proffer appropriate defences for accused person at trial – Attack on trial court judgment for not considering any of the defences which was not adduced – Attitude of appellate court thereto |
| FEDERAL REPUBLIC OF NIGERIA V. BABALOLA BORISADE | ETHICS – LEGAL PRACTITIONER: Appeal – Interlocutory appeal – formulation of issues for determination – Need for counsel to formulate issues that are not clumsy, imprecise or proliferated thereby prejudicing the judicious and proper determination of the appeal – Need for brevity – Attitude of court to failure thereto |
| FOMBO V. RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY | ETHICS – LEGAL PRACTITIONER: – Motion filed in court for leave to amend Statement of Claim of client– Pivotal motion which was to cure fundamental defect in client’s case – When that motion was never argued or moved up to when the Ruling was delivered – Attitude of court thereto |
| FOROM V. THE QUEEN | ETHICS: Failure of prosecution to tender relevant and available evidence or to diligently conduct a murder case with the serious it requires –Attitude of court thereto |
| FRANCIS EZEDIUFU V THE STATE | ETHICS – LEGAL PRACTITIONER:- Use of hyperbolic statement in attacking judgment of a court appealed against – Allegation that a Judge “convicted” an accused person ever before considering his defence” – Attitude of appellate court thereto |
| G. B. ADEYEMI V. COMMISSIONER OF POLICE | ETHICS – JUDGE – PUBLIC:- Effect of misdirection on a point of law or fact – Extortion, Bribery and corruption on the part of a public officer |
| GAMAJIGO V. THE QUEEN | ETHICS – LEGAL PRACTITIONER: Capital crime cases – Duty of prosecution to present case with care which is always desirable – Attitude of court to failure thereof – Legal effect thereof |
| GANI FAWEHINMI V. NIGERIAN BAR ASSOCIATION (No. 1) | ETHICS:- Right of audience of legal practitioners – Right to representation |
| GANIYU AGUNBIADE V. OKUNOGA AND CO | ETHICS – LEGAL PRACTITIONER – MAGISTRATE: Validity of judgment obtained by a solicitor by misleading the court – Failure of judge to uphold rules of court and of fair-hearing leading to miscarriage of justice – Inherent powers of a court to review its own judgments given irregularly |
| GOVERNOR-IN-COUNCIL V. OSHUNLAJA | |
| GRIFFITHS V. EVANS. | ETHICS – LEGAL PRACTITIONER:- Solicitor – Allegation of Negligence – Loss of option to elect for existing remedy – where not exercised due to dependence on solicitor – Whether client entitled to damages against solicitor ETHICS – LEGAL PRACTITIONER:- Duty owed client for workmen compensation purposes – Need to investigate both common law and statutory principles in advising client regarding claim – Liability of solicitor for failure thereto – Effect on client-solicitor privilege |
| GWANDU V. GWANDU N. A. | ETHICS – LEGAL PRACTITIONER – JUDGE:- Northern Nigerian Criminal Procedure – Propriety of counsel making admission on behalf of client with regard to identity of murder weapon – court allowing same – Effect of such un-foresworn testimony– |
| GYANG V. THE QUEEN | ETHICS – LEGAL PRACTITIONER:- Defence of persons accused of crime – Whether proper for one counsel to represent two accused persons – when conflict of interests is deemed to arise – Effect |
| HOBBS V. HOBBS AND COUSENS | ETHICS – LEGAL PRACTITIONER:- Privileged nature of communication between client and lawyer – Nature and justification – Whether extend protection from disclosures not only to documents which embody communications between a client and his legal adviser which come into existence in the course of litigation, in anticipation of litigation, but even documents which without contemplation of any litigation at all come into existence in order to enable the client to obtain the legal advice which he requires – Whether privilege is not affected by ongoing or final status of litigation – Whether attaches for all time and in all circumstances |
| HON. ESTHER AYOMOBI & ANOR V. ETENG JONES WILLIAMS & ORS | ETHICS – LEGAL PRACTITIONER: – Who can sign court processes – Whether scribbling a signature with the alphabet “F” on behalf of the principal partner in the Chambers on the Notice of Appeal is enough to establish the maker of the document as a Legal Practitioner |
| HON. JUSTICE BABATUNDE ADEJUMO V. HON. JUSTICE P. N. C. AGUMAGU & ORS | ETHICS – LEGAL PRACTITIONER:- Presentation of case – Integrity of pleading – Need for consistency of pleadings with the general presentation of case – Attitude of court to unwholesome somersault or change of case |
| HON. JUSTICE JUBRIL IDRIS & ANOR V. HON. JUSTICE P. N. C. AGUMAGU & ORS | ETHICS – LEGAL PRACTITIONER:- Presentation of case – Integrity of pleading – Need for consistency of pleadings with the general presentation of case – Attitude of court to unwholesome somersault or change of case |
| HONOURABLE BASHARU V. BORNU NATIVE AUTHORITY | ETHICS – POLITICAL ACTORS:- Prosecution for inciting the commission of an offence by political supporters targeted at securing political advantage |
| IBRAHIM DEMS V. C. O. P. | ETHICS – LEGAL PRACTITIONER:- Withdrawal from case without leave – Withdrawal from defence of an accused person – Withdrawal when no case submission is overruled and adjournment refused – Effect. |
| IGWEDE V. THE QUEEN | ETHICS – LEGAL PRACTITIONERS:- Defence Counsel – Duty in conduct of Criminal cases. |
| IKO V. STATE | ETHICS – PROSECUTION:- Rape cases – Failure to prove essential elements of offence – Failure to appeal erroneous evaluation and ascription of weight to evidence – Failure to advance key evidence required to ground conviction – Attitude of court thereto – Effect |
| IKPASA V. BENDEL STATE | ETHICS – PUBLIC PROSECUTOR:- Criminal cases of serious natures like death penalty – Need for counsel appearing for the State to be sparing in raising objections, but rather to act more as Ministers of Justice and assist the court to do justice according to law |
| IKWAM V. COMMISSIONER OF POLICE | ETHICS – LEGAL PRACTITIONER:- Duty of counsel in relation to the ruling of Court. |
| ILOABACHIE V. ILOABACHIE | ETHICS – LEGAL PRACTITIONER: – Issues for determination – Duty of counsel to make out issues which are not “woolly, overly generalized and do not reflect in the most succinct and discerning manner the main issues to be pointedly determined by the court” – Need for issues formulated for determination to have the distinctive quality of clarity, precision and accuracy |
| IN RE A SOLICITOR EX PARTE THE INCORPORATED LAW SOCIETY | ETHICS – LEGAL PRACTITIONER: Solicitor – Professional Misconduct – Solicitor borrowing Money from Client without Independent Advice – Disciplinary power of Court |
| IN RE A SOLICITOR. EX PARTE HALES | ETHICS – LEGAL PRACTITIONER: Solicitor – Undertaking to pay Money to Person not Client – Disciplinary Jurisdiction of Court – Summary Order for Payment. |
| IN RE A SOLICITOR. EX PARTE THE LAW SOCIETY. | ETHICS – LEGAL PRACTITIONER: Solicitor – Professional Misconduct – Debt-collecting Agency – Champerty – Solicitors Act, 1888 (51 & 52 Vict. c. 65). |
| IN RE JOHNSON | ETHICS – LEGAL PRACTITIONER: Ill-behaviour of solicitor outside of court – Verbal abuse and threatening gestures used towards opposing Solicitor after Hearing of Application at Chambers – When deemed interference with Course of Justice and Contempt of Court |
| IN RE WEARE, A SOLICITOR | ETHICS – LEGAL PRACTITIONER: Solicitor – Striking off the Roll – Offence not in the character of Solicitor – How treated – Solicitors Act, 1888 (51 & 52 Vict. c. 65), s. 13. |
| IN THE MATTER OF ROBERT ARCHIBALD NEDD V. SIR ADETOKUNBO ADEMOLA, F.C.J. | ETHICS – LEGAL PRACTITIONER: Failure to represent clients and to deal with briefs after collecting fees on same – Failure to reply Attorney-General’s letters as to allegation of misconduct – Effect ETHICS – PROFESSIONAL – LEGAL PRACTITIONER:- Legal Practitioners Committee – Refusal to appear at Committee conducting inquiry into allegations of misconduct – Effect. |
| INCORPORATED TRUSTEES OF NIGERIA ASSOCIATION OF GENERAL PRACTICE PHARMACISTS EMPLOYERS V. PHARMACISTS COUNCIL OF NIGERIA | ETHICS – LEGAL PRACTITIONER:- Appellate court practitioner – Duty to compile/transmit records of court – Need to observe the rules prescribed under the Evidence Act especially as to time – Duty to of counsel to client in deposing to affidavit – Sections 86–88 of the Evidence Act – Duty not to go beyond what is required by proceeding to support facts earlier deposed to with details of law – Attitude of court thereto – Legal Effect on client’s case |
| IROMACHI V. QUEEN | ETHICS – POLICE/PROSECUTION: – Perfunctory investigation by Police of a murder case – Failure of prosecution to furnish circumstantial evidence to ground charge of murder – Effect |
| ITULE V. QUEEN | ETHICS – PROSECUTION AND TRIAL COURT:- Effect of failure to consider defence of prosecution contained in a ‘retracted’ statement made by the accused |
| IVBIYARO V. FRANCIS | ETHICS – LEGAL PRACTITIONER:- Conduct of suit – Suit dismissed by trial Judge for want of diligent prosecution because the plaintiffs and their counsel were absent from court and had been consistently so absent a number of times before – Effect – Whether can be relisted for hearing |
| J N NABARRO AND SONS V. KENNEDY | ETHICS – LEGAL PRACTITIONER:- Solicitor, Costs, Legal proceedings between husband and wife – Suit between husband and wife – Whether solicitors retained and instructed by wife can recover legal costs from husband |
| JALOGHO V. THE QUEEN | ETHICS:- Effect of failure of prosecutors to establish relevant ingredients for sustaining the rape of a charge against a minor |
| JAMES ALBERT DE GREGORY APPELLANT;AND GENERAL MEDICAL COUNCIL | ETHICS – PROFESSIONAL ETHICS – MEDICAL PRACTITIONER:- Family doctor – Infamous conduct in professional respect – Improper association – High standard of conduct required of doctor in professional and social settings – Duty to resist and succumb to temptation |
| JEREMIAH EGBOMA V. THE STATE | ETHICS – LEGAL PRACTITIONERS: – Commendation of counsel from the bench for industry and diligence |
| JOHN AJIBO V. THE STATE | ETHICS – LEGAL PRACTITIONER: – Commendation – of Counsel – By Court for “indefatigable diligence, perseverance and co-operation” in bringing a protracted case to a satisfactory end |
| JOHN AND DAN V. THE STATE | ETHICS – COURT: Failure of court to keep or provide record of the review of evidence and review of defence before it – Attitude of appellate thereto – Effect on judgment thereto |
| JOHN IBEAKANMA V. THE QUEEN | ETHICS – LEGAL PRACTITIONER: – Prosecution – Medical evidence needed as corroboration for a charge of rape – Failure to call same – Effect |
| JOHN V. THE STATE | ETHICS – LEGAL PRACTITIONER:- Duty of learned Counsel for the appellant not to massage proven facts but to state them as they are instead of helping client to belatedly deny already established but non-availing defence |
| JOSEPH IFETA V. SHELL PETROLEUM DEVELOPMENT COMPANY OF (NIG). LTD | ETHICS – LEGAL PRACTITIONER:- Need for legal practitioners to come to terms with the true position of the law on the subject of client’s money and the Court’s time. |
| JOSEPH ORAKWUE IZUORA V. THE QUEEN | ETHICS – LEGAL PRACTITIONER: Distinction between contempt of court and mere discourtesy or dereliction of duty on part of legal practitioner – Effect thereof – Proper treatment by court |
| JOSHUA CHIBI DARIYE V. THE FEDERAL REPUBLIC OF NIGERIA | ETHICS – PROSECUTING COUNSEL:- Manipulation of facts and deliberate distortion of the facts to mislead the Court in its decision – whether amount to unethical conduct on the part of a prosecuting counsel – attitude of court thereto ETHICS – LEGAL PRACTITIONER – DUTY OF COUNSEL: Duty to espouse the case of their clients – Duty to present client’s case as a monopoly bearing in mind that like all monopolies, their conduct are subject to strict rules of accountability for adherence to set ethical standards – duty to fight the cause of their clients but within the rules regarding ethical conduct – need to balance the duty they owe to their client with the higher duty they owe to a higher cause-the cause of justice |
| JUMOSIMA WARI & ORS V. MOBIL INC OF AMERICA & ANOR | ETHICS – LEGAL PRACTITIONER:- Brief writing – Need for adherence to established practice in brief writing in the appellate courts |
| KHAWAM V. ELIAS | ETHICS – LEGAL PRACTITIONER: Legal practitioner mishandling of client’s suit – Attitude of court thereto |
| KOREDE V. ADEDOKUN | ETHICS – LEGAL PRACTITONER:- Duty of diligence – Filing of necessary processes – Negligence of counsel to file amended Notice of Appeal after obtaining leave to do so– Effect on competence of client’s entire brief |
| LAAH V. OPALUWA | ETHICS – LEGAL PRACTITIONER:- Duty of counsel taking up appellate court brief to appreciate the rules for formulating grounds of appeal and Issues for determination – Effect of failure thereof to client’s brief – Attitude of court thereto |
| LABODE V DR GODFREY OTUBU | ETHICS – LEGAL PRACTITIONER:- Dealings with briefs of clients – Land Title document – Where lawyer uses same as security for own debt – Validity of – Attitude of court thereto – Whether failure to deliver up possession to client on demand amounts to detinue – How treated ETHICS – LEGAL PRACTITIONER:- Solicitor and power over client’s property in his possession – Limits of authority – Whether has absolutely no right to convert such property to his personal use – Whether authority to deal with same limited to instructions of client – Whether solicitor cannot convey to a third party a right of title to client’s property or validly pledge a title deed and property of his client |
| LADIPO V. QUEEN | ETHICS – COURT – JUDGE: Judge basing his decision on an investigation not disclosed as evidence before the court – Effect – Need to for judicial gravity in the judgment of the court |
| LAWAL V. OSHODI | ETHICS – LEGAL PRACTITIONERS:- Need for proper training in Solicitor’s work. |
| LAWAL V. KOFFO | ETHICS – LEGAL PRACTITIONER: – Representing more than one defendant in the same proceedings – Where evidence of a co-defendant contradicts that of the other – Whether counsel can set up one of the contradictory evidence as the preferred one to the advantage of one defendant but to the prejudice of the other – Attitude of court thereto |
| LAWSON V. MATI | ETHICS – LEGAL PRACTITIONER: Solicitor and client – advice to client about investment – negligence of solicitor in making no proper investigation of mortgagor’s Title – No fee charged by solicitor – liability of solicitor acting for client without remuneration – Measure of damages |
| LAYONU AND OTHERS. V. THE STATE | ETHICS – PROSECUTION AND COURT:- Traditional duties – Prosecution – “Duty is not to secure a conviction but to see that justice is done [and] so should put no hindrance in Defendant’s way” – Court – “Exists to do justice” – Duty to make whatever order may appear necessary to enable Accused person to put forward any defence that may be open to him |
| LIMAN V. THE STATE | ETHICS – LEGAL PRACTITIONER:- Defence of a person accused of murder – Whether brevity can be effective strategy |
| LLOYD (PAUPER) V. GRACE, SMITH AND CO. – CWL | ETHICS – LEGAL PRACTITIONER: – Agent of legal practitioner – Fraudulent sale of property of client – liability of legal practitioner |
| LORD SAMUEL AKHIDIME V. THE STATE | ETHICS – LEGAL PRACTITIONER: Murder and death row cases – Duty of defence counsel to distill every relevant ground of appeal – Statement that nothing can be urged in defence of a death row convict – When improper – Attitude of court thereof – Whether Supreme Court can remedy same – Effect |
| MACKAM V. THE QUEEN | ETHICS – PROSECUTION:- Capital offence cases – Decision by prosecution not to call medical examiner to testify or to tender Medical Report on deceased person – Attitude of court thereto |
| MAIKUDI ALIYU V. THE STATE | ETHICS – LEGAL PRACTITIONER: – Misrepresentation of facts on the records of the court – Need for counsel to address issues and the Court as learned gentleman that he should be rather than play to the gallery – Attitude of courts to failure thereto |
| MAJOR BELLO MAGAJI V. THE NIGERIAN ARMY | ETHICS – LEGAL PRACTITIONER:- Brief preparation – Duty of counsel who prepare Briefs, to patiently read the whole finding of a fact and holding of a court and not to pick the sentence that is convenient to him/them before launching an attack against the Court – Attitude of court to failure thereto ETHICS – LEGAL PRACTITIONER – BRIEF WRITING:- Briefs of parties containing multiple grammatical, spelling and typing errors – Respondent’s Brief which was not vetted before filing – Attitude of court thereto ETHICS- LEGAL PRACTITIONER:- Involvement in criminal activity – Sodomy of young persons – Where no remorse is shown – Attitude of court thereto |
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