NATHANIEL MBENU & ANOR VS THE STATE
July 17, 2025IDOWU SALAMI VS THE STATE
July 17, 2025Legalpedia Citation: (1988-07) Legalpedia 49033 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Thu Jul 7, 1988
Suit Number: SC. 1/1988
CORAM
WALI, JUSTICE SUPREME COURT
PARTIES
INTERNATIONAL BANK FOR WEST AFRICA LTD
APPELLANTS
IMANO (NIGERIA) LIMITEDUNITY LIFE & FIRE INS. CO. LTD.
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE – LEGAL PRACTITIONERS – RULES OF PROFESSIONAL CONDUCT – APPEARANCE OF COUNSEL
SUMMARY OF FACTS
The plaintiff Bank sued the defendants Companies, for the sum of N238, 285.27 being amount payable jointly and severally by the Defendants to the Plaintiff. The trial Judge found for the plaintiff and The defendants appealed, After the defendants’ appeal has been entered in the Court of Appeal, the plaintiff bank, filed a preliminary objection that under Rule 31 (b) of the Rules of Professional Conduct in the Legal Profession Bayo Kehinde, Esq., SAN. A director of the first Defendant is not competent to appear as Counsel. The Court of Appeal rejected the preliminary objection.
HELD
That the section 31(a) (i) of the Rules do not cover a legal practitioner who is a director of a company and who is not in receipt of directors’ fees from accepting a brief from his company.
ISSUES
Whether a legal practitioner (more particularly a Senior Advocate of Nigeria) is competent to appear as Counsel for a company of which he is a director, which is a Party to an action, whether or not he is in receipt of fees as a director of that Company.
RATIONES DECIDENDI
MISCHIEF RULE OF INTERPRETATION
‘In applying the mischief rule the construction of a statutory provision will not be strained to include cases plainly omitted from the natural meaning of the words of the statute.’ Per. A. G. O. AGBAJE, JSC.
CASES CITED
R. v. Trafford (1850) 15 Q.B. 200,
Adler v. George (1964) 2 Q.B. 7 at 9
Attorney- General for the Province of Ontario & Ors. v. Attorney-General for the Dominion of Canada (1912) AC. 571 at pages 583 – 584
Income Tax Commissioners v. Pemse (1891) AC. 534 at 543.
in Nafiu Rabiu v. Kano State (1980) 8 – 11 SC. 130 at 149-150:-
Magor and St. Mellons Rural District Council v. Newport Corporation (1952) AC. 189.
Fisher v. Bell (1960) 3 WLR. 919 at 922
STATUTES REFERRED TO
Legal Practitioners Act 1975|
