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CaseLaw

Regd. Trustees, ECWA V. Ijesha (1999) CLR 12(w) (CA)

Brief

  • English rules of practice (Applicability to Nigeria)
  • Interpretative jurisdiction of court (Absence of precedent)
  • Admission (Admission against interest)
  • Right to counsel of one's choice
  • Expressio unius est exclusio alterius (Meaning of)

Facts

The Respondent herein instituted a civil action against the Appellant herein at the Upper Area Court 1, Ilorin. The claim relates to a parcel of land. On 10/11/97 when the case came up for hearing A. B. Edun Esq of counsel appeared for the Respondent, while Chief P.A. O. Olorunnisola SAN with S.O. Jimoh Esq announced appearance for Appellant. The Respondent's counsel then objected to the appearance of Chief P.A.O. Olorunnisola SAN for the appellant on the ground that a Senior Advocate of Nigeria has no right of audience before an Area Court. Arguments on this point were then taken from both Counsel. The Upper Area Court in its ruling delivered on 13/11/97 overruled the learned counsel's objection on the ground that it was not supported by any authority.

The court described the objection as unfounded.

Dissatisfied with this ruling the respondent herein appealed to the High Court Ilorin in its appellate jurisdiction on a sole ground, Viz The learned trial Judge of the Upper Area Court I Ilorin Coram:-

  • 1
    Hon I. G. Abujiya
  • 2
    Hon. J.S. Kolade
  • 3
    Hon. O. M. Abdulkadir

    • erred in law in holding in its ruling of 13/11/97 that a Senior Advocate of Nigeria has the right in law and practice to appear before it in all courses and maters.

    Particulars Whether a Senior Advocate of Nigeria can appear in an inferior court in Nigeria. The Respondent herein appealed against the whole ruling and urged the High Court to set aside the said Ruling. Arguments were taken at the High Court. Ilorin from both learned counsel to the parties on the sole issue in the ground of appeal on 3/2/98. In a considered judgment delivered on 13/2/98 by the High Court in its appellate jurisdiction the court allowed the appeal of the respondent and held that a Senior Advocate of Nigeria cannot appear as Counsel before an Upper Area Court which is an inferior court.

    Dissatisfied with this judgment of the High Court in its appellate jurisdiction, the appellant herein has appealed to this honourable court

Issues

  • 1
    Whether or not there is any law in Nigeria precluding a SAN who is a...

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