- FUNDAMENTAL (HUMAN) RIGHT
There is no such term as “Fundamental Human Right”. Rather, the correct terms are “Fundamental Rights” and “Human Rights”. Both have distinct meanings and when combined, conveys no meaning.
SEE Chapter IV of the Constitution of the Federal Republic of Nigeria.
- ELECTION (PETITION) TRIBUNAL
There is no such phrase as “Election Petition Tribunal”. The right phrase to use are: “ELECTION TRIBUNALS” and “ELECTION PETITION”. Both expressions have distinct meanings, but when combined convey no meaning.The former refers to the venue where electoral grouse is considered, while the latter is a court process for ventilating such grouse.
SEE SECTION 156 of the Electoral Act 2010 (As amended) and Paragraph 1 of the 1st Schedule to the Electoral Act.
- CERTIFIED (TRUE) COPY
In the entire 259 Sections of the Evidence Act 2011, there is no mention of “Certified True Copy”. The introduction of “true” is a creation of some Lawyers, Judges, textbook writers and Law teachers.
See Section 104(2) of the Evidence Act.
- USING “YOU”, “YES” & “OKAY” WHEN ADDRESSING A JUDGE OR MAGISTRATE.
The use of “Yes”&“Okay” and “You” is unethical thus, the following phrases should be used.
“As the court pleases “should replace “YES”
“My lord” should replace “you”.
“As the court pleases should replace “OKAY”.
Also, rather than say “You ordered parties to file written addresses”, it is more courteous to say “My lord ordered parties to file written addresses”.
The use of these expressions is not expressly regulated and proscribed by any written law but a function of age long practice.
- FAILURE TO SERVE AN OPPOSING COUNSEL A COPY OF A LETTER OF ADJOURNMENT.
Most lawyers are found wanting in this unethical practice of sending letters of adjournment to the court without sending a copy to the opposing Lawyer. The opposing counsel only gets wind of the letter when he arrives court.Indeed, communicating with the bench without notifying an opposing counsel is unethical unless where Rules of Court permit so.
RULE 30(5) of the Rule of Professional Conduct provides thus:
“(5) Except as provided by a rule of order or court, a lawyer shall not deliver to the judge any letter, memorandum, brief or other written communication without concurrently Delivering a copy to the opposing lawyer.”
- FILING OF WRITTEN ADDRESS IN THE COURT OF APPEAL.
Unlike the High Court and Supreme Court, at the Court of Appeal, filing of written addresses in the company of motions are unnecessary. Except by order or leave of court, all that is necessary to accompany a motion at the Court of Appeal is an Affidavit.
Order 6 Rule 1 of the Court of Appeal Rules 2016, states that:
“Every application to the court shall be by notice of Motion supported by affidavit…”
Arome Abu is the Managing Partner of Abu & Olaniyan Partners.
CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.
Obscure Legal Facts is an exclusive daily publication of Abu & Olaniyan Partners.
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