“With respect to the absence of a legal practitioner’s seal this court had made the position known that is, that the process is not competent though it is remediable being voidable. See the case of Yaki v Bagudu (2015) 18 NWLR (Pt.1491) 288 at 315-350.1 shall quote the relevant portion thus:-
“The documents in question here purportedly signed and filed by a lawyer in his capacity as the legal practitioner did not have on it “a seal and stamp approved by the Nigerian Bar Association.”
The process so signed and filed is a legal process within the intendment of Rule 10 (2) of the rules. What is the consequence of a legal document signed and filed in contravention of Rule 10 (1) in the Rules?
The answer is as provided in Rule 10(3) to the effect that “the document so signed or filed shall be deemed not to have been properly signed or filed.”
It is my humble view that the legal document so signed and / or filed is not null and void or incompetent like the case of a court process signed in the name of a corporation or association (even of lawyers). See Okafor v Nweke (2007) 10 NWLR (Pt.1043) sc 521 cited by the learned silk for 2nd Respondent/Cross-Appellant. The document, in terms of rule, is deemed not to have been properly signed or filed, but not incompetent as the 2 respondent assumed.
It has been signed and filed but not properly so signed and filed for the reason that the condition precedent to its proper signing and filing had not been met. It is akin to a legal document or process filed at the expiration of the time allowed by rules or extended by the court. In such cases, the filing of the process can be regularized by extension of time and a deeming order. In the case at hand the process filed in breach of Rule 10(1) can be saved and it’s signing and filing regularized by affixing the approved seal and stamp on it. It is a legal document improperly filed and the fixing of the seal and stamp would make the filing proper in law. Since this was not done the court cannot take cognizance of a document not properly filed and the filing not regularized.“ by PER M. U. PETER-ODILI, J.S.C.,
Joseph Hemen Boko V Hon. Benjamin B. Nungwa & Ors
LER [2018]SC. 732/2016
APPEAL NO: SC. 732/2016 https://legalpediaonline.com/joseph-hemen-boko-v-hon-benjamin-b-nungwa-ors/
