SIGNING COURT PROCESSES – IMPROPRIETY OF LEGAL PRACTITIONERS SIGNING COURT PROCESSES IN PARTNERSHIP OR FIRM’S NAME  

 

JBA
 JBA
Joined: 2 months ago
Posts: 35
09/10/2019 12:03 pm  

“The law does not say that what should be in the roll is just the signature of the legal practitioner. This is not sufficient. The habit or practice of legal practitioners’ merely signing court processes in their partnership or firm’s name without indicating their actual name has been deprecated by this court in so many cases notably, NNB PLC v. Declag (supra) Okafor v. Nweke (supra) etc. This court did not only approve the decision in NNB Plc  V DECLAG (supra) in Okafor V Nweke (supra)  etc., but inter alia made some far-reaching pronouncement as follows:

“The combined effect of the above provisions is that for a person to be qualified to practice as a legal practitioner he must have his name in the roll otherwise he cannot engage in any form of legal practice in Nigeria. From the submission of both counsel, it is very clear the answer to that question is in the negative. In other words both senior counsel agree that J.H.C. OKOLO SAN & CO is not a legal practitioner and   therefore cannot practice as such by, say, filing processes in the court of this country.”


PER S. GALADIMA,  J.S.C. in
SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. SAM ROYAL HOTEL NIGERIA LIMITED (2016) LPELR-40062(SC) / SC.120/2006 https://legalpediaonline.com/shell-petroleum-development-company-of-nigeria-limited-v-sam-royal-hotel-nigeria-limited/


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