COUNSEL – DUTY OF COUNSEL TO BE CONSISTENT IN THE PRESENTATION OF A CASE
“This takes one to the Counsel’s duty to be consistent in his advocacy. It is not permitted for Counsel “to chop and change his case from stage to another in the litigation progress” as Abiru, JCA puts it in Alhaji Ibrahim Sheka v. Alhaji Umaru Bashari (2013) L.P.E.L.R. – 2140 (C.A). At the trial Court this same Appellant, represented by the same Counsel, admitted in the affidavit in support of the motion, the Ruling which is the subject of this appeal that the Plaintiff commenced this action against the Defendant as the owner/assignee and exclusive licensee of the copyright in the work “OJUMO RE” allegedly infringed.
Through Prof. Sodipo of Counsel, the Appellant now shifts the goal posts on the issue to the Plaintiff lacking locus standi because it is not a Collecting Society, by dint of Section 32B of the Copyright Act, as amended. Counsel, must state the same thing and speak on the same thing from the trial Court to the appellate Courts. His posture at trial must not be at variance with the posture at the Appeal Court on the same issue. He must be consistent on the presentation of a case: Subreu v. The State (2010) 8 NWLR (Pt. 1197) 586; Ebia Construction Ltd v. Costain (W.A) Plc (2011) 6 NWLR (Pt. 1242) 110.”
PER E. EKO, J.S.C. in Adeokin Records & Anor V Musical Copyright Society Of Nigeria (Ltd/Gte) LER SC.336/2008 https://legalpediaonline.com/adeokin-records-anor-v-musical-copyright-society-of-nigeria-ltd-gte/