HON. DELE ABIODUN V. THE HON. CHIEF JUDGE OF KWARA STATE & ORS
June 4, 2025AUGUSTINE MAIKYO V. W. E. ITODO & ORS
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 41214
In the Supreme Court of Nigeria
Fri Mar 9, 2007
Suit Number: SC. 27/2002
CORAM
PARTIES
EMMANUEL OKAFORBEN ABEZECHUMA MODILI (Substituted for Chief Agba Udobi Ekweozor Dibiaezue and Akpu Omuorah By Order of the Court of Appeal on 6/3/2001. For themselves and on behalf of Akwa family Of Ifite Dunu) APPELLANTS
AUGUSTINE NWEKE & 2 ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicants filed a motion before the Supreme Court and it was signed by J.H.C. OKOLO, SAN & CO. APPLICANT’S COUNSEL 162B, ZIK AVENUE UWANI, ENUGU. ?
HELD
Since both counsel agree that J.H.C. OKOLO SAN & CO is not a legal practitioner recognized by the law, it follows that the said J.H.C. OKOLO SAN & CO cannot legally sign and/or file any process in the courts and as such the Motion on Notice filed on 19th December 2005, Notice of Cross Appeal and Applicants brief of argument in support of the said motion all signed and issued by the firm known and called J.H.C. OKOLO SAN & CO are incompetent in law particularly as the said firm of J.H.C. OKOLO SAN & CO is not a registered legal practitioner.
ISSUES
Whether or not it is permissible for a legal practitioner to sign court processes in a partnership name without an additional indication on the process of the name of the practitioner who is a member of the partnership or firm handling the matter ?
RATIONES DECIDENDI
CONTENT OF THE BAR ROLL
“I had earlier stated that the law does not say that what should be in the roll should be the signature of the legal practitioner but his name.” Per W.S.N. ONNOGHEN, JSC
CASES CITED
NONE ?
STATUTES REFERRED TO
The Legal Practitioners Act, cap 207 of the Laws of the Federation of Nigeria 1990
