Areas of Law:
APPEAL, INTERPRETATION OF STATUTE, JURISDICTION, LEGAL PRACTITIONER ,PRACTICE AND PROCEDURE, WORDS AND PHRASES
Summary of Facts
Election to the office of the Governor of Gombe State was conducted by the 4th Respondent (INEC) in the state on the 11th of April, 2015. The 1st Respondent, the 2nd Respondent , 3rd Respondent, and the Appellant all contested in the Election on the platform of their respective parties. The 4th Respondent thereafter declared the 1st Respondent/Appellant as the winner of the election and he was duly returned as the Governor of the State. Dissatisfied with the result of the Election, the Petitioner/1st Respondent filed a petition before the Governorship Election Tribunal sitting at Gombe. At the trial Tribunal, the Petitioner/ 1st Respondent applied for the issuance of pre-hearing conference notice after which the matter proceeded to trial. The 1st Respondent/Appellant thereafter moved an application seeking that the petition be struck out on the ground that the petition was signed by one SAM KARGBO ESQ, whose name is not on the Roll of Legal Practitioners permitted to practice law in Nigeria. The trial tribunal after hearing the arguments of parties ruled that the petition was not signed by a legal practitioner as the name Samuel Peter Kargbo is different from Sam Kargbo. The Petitioner/Respondent appealed to the Court of Appeal where the appellate Court set aside the judgment of the trial Tribunal dismissing the Petitioner/1st Respondent’s petition and remitted the matter to the Tribunal for hearing. Hence, the 1st Respondent/Appellant was prompted to appeal to the Supreme Court. In all, six appeals were filed by all parties to the Petition against the decision of the Court of Appeal and the appeals were consolidated by the apex Court.
Held
Appeal Dismissed
Issues for Determination
- Whether the petitioner’s solicitor can, in conducting the petition, prepare, sign and file court processes and conduct court proceedings using, as his name’ an abbreviation other than his name on the Roll of Legal Practitioners, and, if he cannot, what is the validity of the said processes and proceedings?
- Whether the appeal to the lower court from the decision of the Governorship Election Tribunal was competent
Rationes
“ALIAS”, AND “ABBREVIATE”- MEANING OF “ALIAS’, AND “ABBREVIATE”
“The Oxford Advanced Learner’s Dictionary New 8th Edition defines “alias” (noun) as “a false or “alias” (adverb) “used when a person, especially a criminal or an actor, is known by two names: Mick Clark, alias Sid Brown, Hercule Poirot, alias David Suchet.
Black’s Law Dictionary, 8th edition at page 79 defines “alias” as “An assumed, or additional name that a person has used or is known by also termed assumed name; fictitious name.”
“Abbreviate” – to make a word, phrase or name shorter by leaving out letters or using only the first letter of each word” – Oxford Advanced Learner’s Dictionary (ibid).different name, especially one that is used by a Criminal.” PER K. M.O KEKERE-EKUN, J.S.C
INTERPRETATION OF STATUTE- UNAMBIGUOUS WORDS SHOULD BE GIVEN THEIR PRECISE MEANING TO BEST DECLARE THE INTENTION OF THE LAWMAKER
It is important to note that the caveat to the literal construction of statutes as stated in the authorities referred to above is that such literal interpretation must not lead to absurdity or inconsistency with the rest of the statute.”PER K.M.O KEKERE-EKUN, JSC
CASE LAW – CASES ARE DECIDED ON THEIR FACTS
SECTION 2(1) OF THE LEGAL PRACTITIONERS ACT – LITERAL INTERPRETATION OF SECTION 2(1) OF THE LEGAL PRACTITIONERS ACT ON PROCESSES SIGNED IN ABBREVIATED NAME
“Section 7 (l) of the Legal Practitioners Act provides:
7 (1) “Subject to the provisions of this section a person shall be entitled to have his name enrolled if, and only if –
(a) he has been called to the Bar by the Benchers; and
(b) he produces a certificate of his call to the Bar to the Registrar.”
It follows that only a person who has complied with these provisions is entitled to have his name enrolled at the Supreme Court as a legal practitioner. If such a person after enrollment proceeds to use an abbreviated form of his name to sign processes and conduct proceedings, I am of the view that it would be stretching the literal interpretation of Section 2(1) too far to hold that processes signed in the abbreviated name and proceedings conducted with such abbreviated name are invalid.”PER K.M.O KEKERE-EKUN, JSC
LEGAL PRACTICE – PERSONS ENTITLED TO PRACTICE AS SOLICITOR AND BARRISTER BEFORE THE COURTS IN NIGERIA
“The requirement of the law is that only a person whose name is on the roll is entitled to practice as a barrister and solicitor before the courts in Nigeria.” PER K. M.O KEKERE-EKUN, J.S.C
“ABBREVIATED NAMES” – IMPORT OF SECTION 2(1) OF THE LEGAL PRACTITIONER ACT ON THE USE OF ABBREVIATED NAMES AND INITIALS IN SIGNING DOCUMENT
“There is nothing in
Section 2(1) of the Legal Practitioners Act that prohibits the use of an abbreviation of one’s name or initials in signing documents and/or conducting proceedings in any court of law in Nigeria.”
PER K. M.O KEKERE-EKUN, J.S.CJURISDICTION OF THE ELECTION TRIBUNAL AND COURT OF APPEAL – BASIS OF THE JURISDICTION OF THE ELECTION TRIBUNAL AND COURT OF APPEAL IN ELECTION PETITION
“The law is well settled that jurisdiction is a creation of statute or the Constitution. The jurisdiction of the Election Tribunal and the Court of Appeal in respect of Election petitions is derived from the 1999 Constitution (as amended). It is therefore both statutory and constitutional. See
ANPP Vs Goni (2012) LPELR – 7830 6A (SC) @29-30 G-A.”
PER K. M.O KEKERE-EKUN, J.S.CAPPEAL AS OF RIGHT – INSTANCES AN APPEAL WOULD LIE AS OF RIGHT TO THE COURT OF APPEAL
“Section 246 (1) (C) (ii) of the constitution provides:
“(1) An appeal to the Court of Appeal shall lie as of right from –
(c) decisions of the Governorship Election Tribunals on any question as to whether –
(ii) any person has been validly elected to the office of Governor or Deputy Governor
(2) The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine appeals from any decision of any other court of law or Tribunal established by the National Assembly.” PER K. M.O KEKERE-EKUN, J.S.C
DECISION- MEANING OF DECISION – SECTION 318 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA,1999
PRACTICING AS A LEGAL PRACTITIONER IN NIGERIA- REQUIREMENTS TO QUALIFY AS A LEGAL PRACTITIONER IN NIGERIA
“In the Legal Profession, apart from a University Law Degree, a person seeking to practice law as a legal practitioner in Nigeria must proceed to the Law School, pass the qualifying examinations and be called to the Bar. Both the Bar Examinations and Call to Bar are issued Certificates. Apart from that, by Section 2(1) of the Legal Practitioners Act alluded to above, such a person must be enrolled in the Register of Legal Practitioners at the Supreme Court. All these steps are taken to avoid identity theft, ward off quacks and make sure that the profession is not hijacked by ”fake” lawyers.”PER J. I. OKORO, J.S.C
LEGAL PRACTITIONERS – DUTY OF LEGAL PRACTITIONERS WHEN SIGNING OFFICIAL DOCUMENT
“There is therefore the need for legal Practitioners to be careful when signing official documents to adhere to the names they are officially known. Legal Practitioners, like every other professionals are free to use names which they consider proper in social circles but when it comes to officialdom, in order to eliminate all doubts, they should try to use names they willingly) submitted for enrolment. PER J. I. OKORO, J.S.C
“ABBREVIATED NAME” – THE LEGAL PRACTITIONERS ACT DOES NOT PROHIBIT THE USE OF “ABBREVIATED NAME”
Statutes Referred To:
Electoral Act 2010 as amended Legal Practitioner Act 1975 Legal Practitioners Act, Cap. L11 LFN 2004