Mrs. Ganiat Yetunde Elias & Anor V. Ecobank Nigeria PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Lead?Ruling)

This Court (per Ikyegh, JCA, Iyizoba, JCA, and Obaseki-Adejumo, JCA) delivered its Judgment in this Appeal No. CA/U873/2013 on 28/10/2015. The name of counsel, who adopted the Appellants’ Brief of Argument, was not reflected at?the end of the Judgment, and in the Judgment itself, Obaseki-Adejumo, JCA, who wrote the lead Judgment, said as follows –

“In his brief of argument Appellants’ counsel was silent on the contemptuous?conduct of the Appellants by demolition of the property. It is the duty of?counsel to exhibit a high level of decorum, candour and fairness to the Court?and to other lawyers. See CHUKWU & ANOR v. INEC & ORS. [2014] LPELR-?22221 (SC). This Court Per Oredola JCA, in ORISAKWE & SONS LTD. &?ANOR v. AFRIBANK PLC. [2012] LPELR-20094 P.51, paras. C-E held:

“Counsel appearing before any Court owes a bounden duty to be diligent, treat the Court with respect, honesty

and mutual courtesy. Above all, to assist the Court in its avowed bid to dispense justice to all manner of people without fear or favour, ill-will or affection. This much and more should be the focused and targeted goals of both the counsel and the Court”.

Counsel blew muted?trumpet on the issue and legal consequence of the demolition, which his clients carried out, during the pendency of the substantive suit. Counsel to the Appellant as an officer of the Court is not oblivious of the fact that sanctity of the Court needs protection by avoiding tampering with subject matters of a pending suit. See Rules 30 & 31 of the Rules of Professional Conduct for Legal Practitioner”.

Dissatisfied with the omission of their counsel’s name in the Judgment, and the above remarks made by Obaseki-Adejumo, JCA, the Applicants’ by this Application dated 5/11/2015. are praying this Court for an order “reviewing and/or varying and/or annulling part of the Judgment” to show that Mr. E. Nwonu holding brief of Dr. Charles Mekwunye was in Court on 29/9/2015 and adopted the Appellants’ brief of argument; to delete the said remarks made by Obaseki-Adejumo,

JCA, against their counsel; and show that Dr. Charles Mekwunye appeared for them on 28/10/2015, when the Judgment was delivered. The Grounds for the Application are-

a. On 28th October 2015, the Judgment in this Appeal was read by Hon. Justice A.O. Obaseki-Adejumo (his Lordship) in open Court.

b. [Their] Counsel, Dr. Charles Mekwunye was present in Court on that said day.

c. Whilst reading the said Judgment Dr. Charles Mekwunye observed that his Lordship stated that the Appellants’ counsel was not in Court on 29th?September 2015 to adopt his brief.

d. His Lordship stated further that as a consequence, the Court had to exercise its powers under Order 18 Rules 9(4) of the Court of Appeal Rules, 2011 and consequently deemed the Appellant’s brief as argued in his absence.

e. From the Certified True Copy (CTC) of the records of proceedings of the said 29th September, 2015, obtained by the Appellant’s Counsel, it is clear that Mr. E. Nwonu of Counsel, held the brief of Dr. Charles Mekwunye and accordingly aanounced his appearance before adopting the Appellant’s brief.

f. It was further