Hope Democratic Party Petitioner V. Independent National Electoral Commission (INEC) & Ors (2009)

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AYOBODE O. LOKULO-SODIPE, J.C.A.

This Ruling is in respect of the motions brought by the 1st and 3rd Respondents respectively, and the objections filed by the Petitioner in relation to the said motions.

It is on record that counsel for the Petitioner, Chief A. A. Owuru walked out on this Honourable Court in the middle of proceedings on 19/10/2009. This was after the Court indicated that it would hear together, the motions of the 1st and 3rd Respondents and objections of the Petitioner in respect of the said motions.

I cannot but say that this act, in itself, is reprehensible and an aberration in this most noble and indeed, conservative profession and a clear negation of professional ethics as codified. It shows an absence of honour, integrity and all other requisite virtues that keep a legal practitioner honourable and within the bounds of the ethics of the profession.

I make bold to say that law practice is a preserve of individuals with both an innate and acquired culture of gentility and respect. It is not for the rude, brash, uncouth individual with gangster or tout-like tendencies. Upon call to bar, a lawyer who intends to stay on in the profession, more so those who desire to practice and appear in court ought to have shed any remaining vestige of these negative characteristics.

Any lawyer worth his certificate of call knows that virtually every process in the administration of justice has its own procedure. Both the Bench and the Bar are bound by known procedures and sanctions. Therefore any grievance whatsoever on either side can only be dealt with, in line with those defined channels and procedure. A grievance by a member of the Bar cannot and should not be expressed by walking out on the Court or Tribunal. Counsel’s duty to the client must never outweigh the duty to the Court. Indeed, should one outweigh the other, it must be the duty owed to the Court.

I refer to Rules 30, 31(1) and (2), 35 and 36 (b) and (e) of the Rules of Professional Conduct for Legal Practitioners, 2007 where all these are clearly spelt out.

“30. A lawyer is an officer of the Court and accordingly, he shall not do any act or conduct himself in any manner that may obstruct, delay or adversely affect the administration of justice.

31. (1) A lawyer shall always treat the Court with respect, dignity and honour,

(2) Where the lawyer has a proper ground for complaint against a judicial officer, he shall make his complaint to the appropriate authorities,

35. A lawyer appearing before a judicial tribunal shall accord due respect to it and shall treat the tribunal with courtesy and dignity.

Rule 36 covers “Courtroom Decorum” in the following words: –

“36. When in the court room, a lawyer shall:

(b) conduct himself with decency and decorum, observe the customs, conduct and code of behaviour of the Court and custom of practice at the bar with respect to appearance, dress, manners and courtesy,

(e) not engage in undignified manner or discourteous conduct which is degrading to a Court or Tribunal.”

The act of walking out on a Court in the middle of proceedings in a matter in which the counsel is appearing is a discourteous conduct, which is certainly calculated to bring the Court into disrepute and deter the administration of justice.