Chief Philip O. Anatogu & Ors. V. H.R.H. Igwe Iweka Ii & Ors. (1995)

LAWGLOBAL HUB Lead Judgment Report

UWAIS, J.S.C. 

In this appeal a motion on notice was filed by the respondents on the direction of this Court praying for:-

“(a) AN ORDER for restraining of CHIEF F.R.A. WILLIAMS from appearing or further appearing or acting or further acting as counsel for the appellants, having appeared for the opposing side (i.e. the respondents/applicants) in an earlier chapter of the subject matter of this appeal.

(b) For such further order or other orders as this Honourable Court may deem fit to make in the circumstances.”

When the motion came before this court on the 27th day of February, 1995 it was adjourned to the 3rd day of July, 1995 for hearing and the parties were directed to file briefs of argument in respect of the application. This was done. As the appeal was also adjourned for hearing on the same day as the motion, we heard both and decided that the ruling on the application and the judgment in the appeal would be delivered today. I intend to dispose of the ruling on the motion first.

Chief Williams, learned Senior Advocate, against whom the motion is directed did not appear in person in respect of the motion but he filed a brief of argument in his private capacity in reply to that filed on behalf of the respondents herein. It is pertinent to say that the appellants were not represented at the hearing of the appeal by Chief Williams nor did he prepare the appellants’ brief of argument in the appeal. All that was done by Mr. Balonwu, learned Senior Advocate.

In moving the motion on notice, Chief Ikeazor, learned Senior Advocate, for the respondents, indicated that it has been brought pursuant to rules 10 and 22 of the Rules of Professional Conduct in the Legal Profession which were made by the General Council of the Bar in 1967 and were amended by the Council on the 15th of January, 1979. The Rules were published in the Federal Republic of Nigeria Official Gazette No.5 of 18th January, 1980 Volume 67. Rules 10 and 22 thereof provide-

“10. ADVERSE INFLUENCES AND CONFLICTING INTERESTS

(a) It is the duty of a lawyer at the time of retainer to disclose to the client all the circumstances of his relations to the parties, and any interest in or connection with controversy which might influence the client in the selection of counsel.

(b) It is unprofessional conduct to represent conflicting interests, except by express consent of all concerned given after a full disclosure of facts. Within the meaning of this rule, a lawyer represents conflicting interests when in respect of client for whom he presently contends the interests of that client touch or concern confidences of another client to whom the lawyer, at the same time, owes a duty of service.”

“22 JUSTIFIABLE AND UNJUSTIFIABLE LITIGATIONS

The lawyer must decline to conduct a civil cause or to make a defence when convinced that it is intended merely to harass or to injure the opposite party or to insist upon the judgment of the Court as to the legal merits of his client’s claim. His appearance in Court should be deemed equivalent to an assertion on his honour that in his opinion his client’s case is one proper for judicial determination.”

Chief Ikeazor contends that on the 5th of May, 1982, the respondents herein brought an application in the High Court of Anambra State sitting at Onistsha, asking for an order of the court – “restraining the defendants/respondents from briefing, hiring, consulting and/or further briefing, hiring or consulting Chief F.R.A. Williams from further acting for the said defendants/respondents as their solicitor or appearing in this Honourable Court on their behalves having appeared for the opposing side that is to say the plaintiffs/applicants in an earlier chapter of the subject-matter of this suit………….”

The Court (Chukwuani J.), in its ruling delivered on 10th June, 1982, ordered as prayed, thereby barring Chief Williams from appearing in the case for the defendants. There was no appeal against the ruling. Learned Senior Advocate states that in the meanwhile Chief Williams filed an originating summons on the 1st day of June, 1982 against the respondents’ people. The originating summons was heard by Umezinwa J. on 17th September, 1982. In the present case Chief Williams together with Mr. Balonwu, learned Senior Advocate for the appellants, jointly signed the Statement of defence filed by the appellants on the 26th March, 1982, hence the application by the respondents for Chief Wiliams to be restrained from further appearing or acting as counsel for the appellants.