CLIENTS

LAWYERS OWE HIGHER DUTY TO COURT THAN CLIENTS, SAYS OGUNLEYE

A former Chairman of Nigerian Bar Association (NBA), Lagos Branch, Mr. Martin Ogunleye has warned lawyers not to shirk their duty to courts and the cause of justice.

Speaking at the recent monthly meeting of Eti-Osa Lawyers Forum (ELF), Ogunleye noted that “Though a lawyer owes a duty to client who hires him, he must always bear in mind that he owes a higher duty to a cause higher than that of his client, the cause of justice. A lawyer who distorts or massages the facts in the record may win his client’s case, but such apparent victory would amount to a betrayal of justice.”

He stated that a lawyer, while owing a duty to his client under and by virtue of the contract for service, “also owes a duty, albeit a higher one, to the court by virtue of being an officer of the court.”

According to the Bar Leader, “It should naturally be expected that where the lawyer owes duties to different parties (in this case, his client on the one hand and the court on the other), there are bound to be conflicts along the way.

“Some examples of conflicts that could arise are apparent from even the rules of professional conduct itself. Whilst Rule 14(1) enjoins a lawyer to devote his attention, energy and expertise to his client’s case, Rule 14(2)(e) directs that he must inform the client if his case is hopeless. Where the case is hopeless, does the lawyer just go ahead to abandon the case? If he does not, would he not be in breach of Rule 15(3)(b) which prohibits a lawyer from filing or delaying a case just to harass or injure another person or in breach of Rule 30 which forbids a lawyer from engaging in any act that may obstruct, delay or adversely affect the smooth administration of justice?”

He however concluded that “a lawyer is an officer of the court even whilst representing his client. He owes a duty to the court, and by extension, to the course of justice and this duty must never be shirked.”

The former NBA Lagos Branch helmsman had earlier commended the leadership of the Forum “for the laudable programmes” aimed at the professional development of its members, even as he hoped that the forum would attain full branch status soon, “having fulfilled all the requirements necessary to become a branch of the NBA, particularly having a Courthouse/judicial division and above 50 members.”

The Chairman of the forum, Mr. Adewale Sanni commended Ogunleye “for the incisive and insightful lecture” and urged him not to relent in promoting mentorship within the Bar.

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EX NBA LAGOS CHAIR TO SPEAK AT ETI-OSA LAWYERS FORUM TOMORROW

Former Chairman of the Nigerian Bar Association (NBA), Lagos Branch, Mr. Martin Ogunleye will tomorrow deliver a speech at the Monthly Meeting of Eti-Osa Lawyers Forum (ELF).

Ogunleye will address the forum’s members on the seminal topic, “Conflict of interest in professional practice: Are lawyers officers of the court or defenders of their clients?”

According to the Chairman of the Forum, Mr. Adewale Sanni, “The Knowledge Sharing Session is a key feature of the forum’s monthly meetings aimed to shed light on topical issues that confront lawyers in practice.”

CITY LAWYER recalls that the Chairman of NBA Lagos Branch Task Force on Illegal Practice of Law, Mr. Lotanna Okoli SAN had at the forum’s last monthly meeting spoken on the topic, “Legal practice in an ailing economy: Between personal survival and professional integrity, do we have a choice?”

The monthly meeting holds on Wednesday, 23rd November, 2022 at High Court 1, Christopher Segun Court House, Ajah-Addo Road, Eti-Osa, Lagos at 1 pm.

  • M. M. A. Sanni, Chairman, Eti-Osa Lawyers Forum

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GADZAMA URGES POLICE TO RESPECT LAWYERS’ RIGHTS

The Chairman of the Nigerian Bar Association (NBA) Security Agencies Relations Committee, Chief Joe-Kyari Gadzama SAN has stated that the best way to maintain law and order in the society is through the Police.

Speaking at a training workshop in Abuja organized by NBA in collaboration with MacArthur Foundation , Gadzama emphasized the need for the police to pay utmost respect to lawyers in the course of representing their clients.

Below is the statement made available to CITY LAWYER on the event.

“LAWYERS AS PEOPLE OF NOBILITY AND DIGNITY SHOULD BE TREATED WITH RESPECT BY THE POLICE, PARTICULARLY BY FOLLOWING DUE PROCESS….,” SAYS JOE-KYARI GADZAMA SAN, OFR, MFR

The Nigerian Bar Association in collaboration with MacArthur Foundation on May 18, 2022 held a training and workshop at the NBA National Secretariat, Plot 1101 Muhammadu Buhari Way, Central Business District, Abuja FCT, Nigeria with the theme “The Role of the Nigeria Police in the Implementation of the Administration of Criminal Justice Act,2015 and Compliance with Principles of Human Rights in Law Enforcement”.

The training was anchored by Ogaga Emoghwanre, Esq. and started with the Nigerian National Anthem followed by the NBA National prayer.

Tobenna Erojikwe, Esq., Chairman, NBA Institute of Continuing Legal Education, a facilitator at the workshop welcomed, introduced participants, and urged them to sit tight, learn, and participate fully while at the training.

Honourable Justice Hussein Baba Yusuf, Chief Judge, FCT High Court was ably represented by Honourable Justice M. E. Anenih, Judge of the FCT High Court. My Lord in his speech commended MacArthur Foundation and the Institute of Continuing Legal Education for the initiative and also applauded participants for coming out in mass to be trained and learn at the impressive workshop.

My Lord further pronounced the workshop as one that should not be trivialized but recognized because it is apt and timely.
He reiterated on the Administration of Criminal Justice Act as one that aids in the seamless dispensation of Justice, rule of law, and maintaining delivery in the legal institution.

Chief Joe-Kyari Gadzama, SAN , Chairman, NBA-SARC in delivering his goodwill message at the workshop, quoted section 214 of the Constitution of Nigeria that establishes the Police Force and Section 4 of the Police Act which provides for the functions of the Nigeria Police.

The learned Silk further posited that the best way to preserve law and order in the society is through the Police. He further emphasized on the dignity of lawyers and how they ought to be treated with utmost respect by the police.
Going further, he urged participants to extend knowledge gained at the workshop to others, as it is not enough to learn and not share knowledge. He implored the audience to pay attention and wish them an informative workshop and training in conclusion.

Idris Bawa, Esq. Made a presentation on the procedures of arrest, suspects of crime, instances where the police can arrest without warrant, and expounded on the duties of the police in general.

Umar Mohammed, Director of Public Prosecution, Federal Ministry of Justice who was represented by A.A Yusuf, expounded on the innovations of the Administration of Criminal Justice Act with regards to the Police in dispensation of Justice.
He raised the issue of remuneration for State Counsel and Nigeria Police, and on the abrupt takeover of cases by the Attorney General, interested Parties and Private Practitioners.

The question and answer session was anchored by Kate Okoh-Kpina (Mrs), Advisor, Rule of Law, Giz Police Program, Africa-Nigeria. Vote of thanks was performed by Osita Okoro, Project Team Coordinator. Participants later engaged in networking among one another.

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