COURT PLACEMENT 2017(WEEK 1): ETHICS, JOKES AND LESSONS FROM THE TEMPLE

What an awesome week, every law school students were all posted to a Temple, we have a compilation of true life stories from the Temple………

Some Chief priest were very nice, we heard some even offered the Externs food, while some were mean to the students, I heard a Chief Priest wanted to reject some of them.

What a week……..

                                                                        STORIES

FIRST STORY

Today in the Magistrate's Chamber

Knock!knock! (Registrar comes in)

Registrar: Sir, the former inmates doing community service, they have finished working outside, they said are hungry Sir.

Magistrate: They are hungry? Ok...please help me tell them that there is food in the prison, I can send them back if they want, so they can eat...

(3 minutes later)

Registrar: Sir, they said they have taken water that they are very ok

SECOND STORY

Judge: Counsel you have not appeared yet.

 

Counsel: My Lord, am here.

Judge: Then enter your appearance.

Counsel: My Lord, I hereby appear.

THIRD STORY

A pupil counsel (Nysc) was almost forced to prosecute here...

She said she was holding brief...

And the judge asked if she is not a lawyer..

That she must handle the matter and no adjournment...

The poor girl almost cried…….

REFLECTION: A lawyer shall not hand over his brief to another lawyer to hold, and that other shall not accept the brief, unless the brief is handed over a reasonable time for the receiving lawyer to acquire adequate grasp of the matter. RULE 27 (3) RPC

FOURTH STORY

Magistrate: Counsel this motion is defective

Counsel: Your worship nothing is wrong with the motion

Magistrate: Okay move it let me quickly strike it out.

FIFTH STORY

This evening as I was filling my logbook, I was just wondering.

What if after criticising a Lawyers presentation of a case.

Bringing out ethical and unethical issues,

Dissecting the Law with the facts (well done oga👍)

And on portfolio assessment day

You walk into the Hall and the first face u see…

Is the Lawyer you have criticized as your external supervisor

I will be like am sorry Sir, I forgot my grandfather's surname in my room

SIXTH STORY

Please help me am in a dilemma?????

What really happened was that a counsel failed to insert suit number on witnesses’ statement on oath...

The judge directed that he takes a date and regularize his processes

But counsel now said that the judge should treat it as a mere irregularity..

The judge now said are u stupid? Which chambers are u from?..

Counsel replied am not stupid Your lordship

Should I reflect on this in my log book?

Knowing fully well that it the Judge that would sign my Logbook?????

SEVENTH STORY

A man and his wife were in court to have a Divorce.

The problem in contention was ....who should have the possession of the child.??

The man or the woman

The woman jumped up and said;

 "My Lord, I am the mother of the child, I brought her into this world, with pain and labour.... alone".

The judge then turned to the man and gave him the chance to defend himself and

The man said;

"My lord ..I have a question, when you insert your ATM card into the ATM machine and the money comes out does the money belong to you or the machine....."?

EIGHT STORY

Today, we did cross examination for over two hours and the witness was awesome

Counsel:  Are you living with any woman

Witness: Are you asking if I am living an unholy life

FALSE OR TRUE STORY

An extern entered the court and he doesn't know where to seat and he went straight and asked the prisoners brought to court to shift and he sat beside him

There was no issue about them sitting together, until they almost mistakenly handcuff him

LESSONS

DRESSING IN COURT RULE 36(A) RPC

RULE: A counsel when in the court room, must;

a)      Be Properly attired while appearing in the court

b)      Abstain from any ornament or apparel likely to attract attention to the counsel

c)      Dress neatly and respectfully

POSER: WHAT ARE THE PRESCRIBED DRESSING IN OUR COURT?

SUPERIOR COURT

Men

i.                    Black or dark-blue two piece or three piece suit

ii.                  White collarless shirt

iii.                White wing collar (size should be ‘’bigger than shirt neck size, two studs required to hold the collar to shirt)

iv.                Black shoes with black stockings

v.                  White band (bib)

vi.                Wig and Gown

OR

i.                    White shirts with wing collar attached in lieu of collarless shirt detachable wing

ii.                  Black and grey stripped trousers in lieu of suit trousers

iii.                Sleeved vest in lieu of coat

iv.                Black shoes with black stockings

v.                  White band (bib)

vi.                Wig and gown (robe)

WOMEN

i.                    Black or Dark blue;

Straight dress

Skirt and blouse

Skirt and jacket with white blouse

ii.                  White collar or ladies white band

iii.                Black shoes

iv.                Wig and gown (robe)

INFERIOR COURT

I.                   No wig and gown

II.                Counsel can wear any of the above

III.             Men could also wear white shirt and long tie with suit in lieu of wing collar.

HOW TO ADDRESS THE COURT

SUPREME COURT & COURT OF APPEAL

My Lords/ Your Lordships

HIGH COURT/ FEDERAL HIGH COURT/ SHARIA COURT OF APPEAL/ CUSTOMARY COURT OF APPEAL

My Lord/ Your Lordship

My Lady/ Your Ladyship for female judges/kadis in Lagos

Magistrate Court

Your Worship

Your Honor (In Lagos State)

AREA/ CUSTOMARY COURT

Your Honor

HOW TO ANNOUNCE YOUR APPEARANCE

To announce appearance 

May it please this honourable court, S.O Derin (Miss) appearing for the Claimant/Applicant.

HOW TO MOVE A MOTION IN COURT

Introduction: Before this honourable court is an application for _________ brought by motion on notice with motion no ____________ dated the _____day of ___2016 and filed______(the same day or later day as the case may be)

Rule/section: The motion is brought pursuant to ______and under the inherent jurisdiction of this honourable court

Prayers: My Lord, we seek the following RELIEFS_______________ (read out reliefs)

Affidavits: My lord, this motion is supported by a 10 paragraph affidavit deposed to by one ___________. My lord we rely on all the paragraphs of the affidavit particularly paragraphs______________. 

Accommpanying Documents/ Exhibits: Accompanying the affidavit are three exhibits marked as exhibit______________. My lord we also rely on all the Exhibits.

Written Address: My lord, we have also filed a written address dated___________ and filed ___________ in support of our application. We wish to adopt same as our oral argument.

Conclusion: We humbly pray this honourable court to grant our application

RESPONSE IN OPPOSING THE MOTION

My lord, we are vehemently opposed to this application. In doing so we have filed a counter affidavit of 12 paragraphs deposed to by the respondent himself. We have attached three exhibits to the said counter affidavit marked as exhibits _______. We rely on all paragraphs of the counter affidavit (particularly paragraphs _______) and the accompanying exhibits.

We have also filed a written address along with the counter-affidavit. We adopt same before this Honourable court.

My lord we urge this court to grant our prayers

ANALYSIS OF SECTION 8(4) LEGAL PRACTITIONER’S ACT: RIGHT OF AUDIENCE AND PRECEDENCE

Generally, all lawyers have Right of Audience, I noticed that in court in the hearing and determination of matters, there was a level of precedence among the counsels. This is I accordance to the LPA and the table of Preference is provided for in FIRST SCHEDULE of the LPA, so the arrangement is;

1. Attorney-General of the Federation
2. The Attorney General of a State but only in the High Court of that State
3. Senior Advocate of Nigeria in Order of Seniority
4. Persons authorized to practice as Legal Practitioner by Virtue of Paragraph (b) of subsection (3) of Section 2 of this Act; This include person exercising the functions of the following officers;

a)      The office of the Attorney-General, Solicitor-General or Director of public Prosecutions of the Federation or State….

5. Persons whose names are on the roll in order of seniority of enrolment
6. Persons authorized to practice by warrant……

SANCTIONS AND COST

I bet these are words we keep hearing in our various courts, here is a true life story;

FIRST STORY

1^st Counsel: My Lord, I would seek your indulgence for a date to go prepare and regularize my processes

Judge: Looks up to hear the other Counsel

2^nd Counsel: My Lord, I do not object to this, but My Lord, we fully prepare for the matter, we would be asking for a cost of #350,000 , the witness are all in court and they came all the way from Abuja, My Lord am coming from a far place, the adjournment is not palatable to me.

1^st Counsel: Ahhh!!! My Lord, the counsel’s firm is on the Island, the record on the Witness Statement on Oath does not show any one in Abuja. My Lord I appeal and appeal that you show mercy…

Judge: having listened to both parties, cost ought not be punitive, so I would award a cost of #50,000.

SECOND STORY

Counsel: My Lord, we brought an application for extension of time to file our process…..

Judge: …..you aware that according to the rules, for every day of default, you will have to pay certain amount…..

CONCLUSION: From the two stories we could see the illustration of Cost and Sanctions.

The purpose of Cost is mainly to compensate one of the parties, and it is awarded based on the discretion of the court, cost follows event in litigation. The conditions considered before awarding cost are;

a)      The summons fees paid

b)      The duration of the case

c)      The number of witness called by the successful party

d)      The nature of the case of the parties, the plaintiff’s case or the defence of the defendant, whether frivolous or vexations

e)      Cost of legal representation

f)       Monetary value at the time of incurring the expenses and

g)      The value and purchasing power of the currency of award at the time of the award…..SEE ADELAKUN V ORUKU

Sanctions on the other hand are also known as Penalties prescribed by the rules of the court to be paid by litigants to court for their non-compliance with the rules. Sanctions are prescribed in a number of provisions of the rules of courts in many states.

TO BE CONTINUED!!!!!!!!!!!!

SEND IN YOUR JOKES, EXPERIENCES IN THE TEMPLE OF JUSTICE FOR THE WHOLE WORLD TO SEE solaope2020@gmail.com.

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COURT PLACEMENT 2017: CONTEMPT OF COURT AND FILLING OF LOGBOOK

Contempt is defined generally to mean any act that tends to bring the court to disrepute, scorn or disrespect.

Before we proceed we want to wish all Nigerian Law School Students success in the next Phase of the Journey to Call to Bar; The Court Placement.

                                  

                               TIPS ON HOW TO FILL YOUR LOGBOOK

REMEMBER THE MOTTO:

‘’The Law school will not assist me not to participate in the externship program’’.

POSER: What Would I be doing in the Court?

Answer: Observe, discuss and reflect on activities in the Court.

THE FILLING OF THE LOG BOOK

1.      The Court and the division

2.      The Time the court sat

3.      The name of the Judge

FURTHERMORE,

4.      You should know the numbers of cases on the Cause List for the day, you can get that from the Court Clerk at the end of the day, because you must state the full particulars of the parties to the case you want to write on

5.     

       Kindly note what the Counsel and the Judge said during the case

6.       

    Note any argument in respect of what we have been taught in class

 N.B: More than one case might called for hearing or mention, if a particular case was more detailed and you understand it properly, you can emphasis more on it.

REFLECTION,

7.      What transpired in the court vis a viz the teachings in law school.

8.      From the cases you discussed, reflect on it with law school teachings.

N.B: DO NOT LIE!!!!!!

SO LET PROCEED TO CONTEMPT OF COURT

           LEGAL DEFINITION OF CONTEMPT: FRANKLIN ATEKE V. ATTORNEY GENERAL OF THE FEDERATION & ANOR. (SUPRA), Idigbe, JSC said in defining contempt of Court:

“It is indeed difficult to give exact definition of contempt of Court and this is so because it is so manifold in its aspects but generally it may be described as any conduct which tends to bring into disrespect, scorn, or disrepute to the law or which tends to interfere with and or prejudice litigants and or witnesses in the course of litigation.”

FURTHERMORE, In A.G V MAGAZINE LTD contempt was also defined as;

            ‘’An Interference with the administration of Justice either in a particular case or more generally as a continuing process’’

POSER: WHY SHOULD THE COURT PUNISH FOR CONTEMPT?

1.      To preserve the Honor of the court

2.      To prevent undue interference with the administration of justice

3.      So as not to disregard the power and dignity of the judge as an individual

SEE; PARASHURAM DETARAM SHAMDASANI V KING EMPEROR

THE TYPES OF CONTEMPT

1.      Criminal

2.      Civil Contempt

CRIMINAL CONTEMPT

Meaning: This consists of words or acts which obstruct or tend to obstruct or interfere with the administration of justice.  For instance;

a)      To call a judge a liar or

b)      To allege that he is partial or

c)      To say in the course of the judgment “That is a most unjust remark”

CIVIL CONTEMPT

Meaning: This is contempt in procedure consisting of the disobedience to the Judge’s orders and other processes of Court and may involve personal injury.  For instance,

a)      Where a person is asked not to trespass on a property, if he does so, it is disobedience to the Court’s order and the injury is done to the Court’s integrity and private injury to the person concerned. See WOKOMA V WOKOMA

POSER: WHAT ARE THE ACTS THAT WOULD AMOUNT TO CONTEMPT?

Imagine while the case is on and Sis Suzzy is busy chewing gum in the court like the ‘’SISTERS OF THE NIGHT’’  or while Bro Dele and Bro Ade are busy discussing how Barcelona demolished Real Madrid and Suddenly Bro Ade shouted like the ‘’BROTHERS OF THE CAR PARK’’

Will these acts amount to Contempt? Think about it……

TAKE NOTE; It is not possible to particularize the act which can and cannot constitute contempt.  See AGBACHOM V. STATE (1970) 1 ALL NLR 69 AND it is not every act of discourtesy to the Court that amounts to contempt.  See UZUORA V. R. 13 WACA 313.

TAKE NOTE:  A breach by counsel of his duty to his client does not necessarily amount to contempt.  For example, if he fails to appear in Court on a hearing day. SEE IZUORA V QUEEN.

EXAMPLES OF CRIMINAL CONTEMPT

1.      Prejudicing a Fair Trail (Sub-judice rule)

a)      Making any comment concerning the case which is capable of affecting the outcome of the case one way or the other. R V GRIFFITHS

b)      Every private communication to a Judge on a matter before him, whether or not accompanied by the offer of a bribe, amounts to contempt as tending to interfere with the cause of Justice.  AWOBOKUN V. ADEYEMI;

c)      Publication in Newspaper misrepresenting court proceeding. See SECTION 133(4) CRIMINAL CODE

2.      Scandalizing The Court

a)      Calling a Judge a Liar

b)      Alleging that a Judge is partial

c)      To say in the course of the judgment “That is a most unjust remark”

d)     A letter accusing a Judge of Bias

3.      Interrupting Court Proceeding by Words or Conduct

a)      Whistling or Singing in the Court while the court is sitting

b)      Talking Loudly in Court

c)      Chewing gum loudly in court.

EXAMPLES OF CIVIL CONTEMPT

N.B: THIS IS ALSO KNOWN AS EITHER

a) Non-Criminal Contempt or

b) Contempt on Procedure

1)      Willful disobedience to Judgments or Court Orders

2)      Impeding Service of Court Process etc…..

POSER: HOW CAN CONTEMPT BE COMMITTED?

1.      In Facie Curiae (In the face of the Court

2.      Ex Facie Curiae (Outside the court

PROCEDURE FOR PUNISHMENT OF CONTEMPT

In AWOBOKUN V. ADEYEMI;

‘’ the contemnor phoned the judge and the following morning, the judge asked her to show cause why she should not be committed for contempt.  The Judge committed her for contempt and she appealed.  She got away with the contempt on appeal because the judge adopted a wrong procedure’’

So the question what is the RIGHT PROCEDURE?

N.B: The Procedure will depend on how the Contempt was committed.

HOWEVER, the question is HOW DO YOU PROVE A CONTEMPT OF COURT?

STANDARD OF PROOF: Proof beyond Reasonable Doubt.

WHY: Contempt is Quashi-Criminal Offense.

It is an established principle that it does not matter whether contempt is Criminal or Civil the standard of Proof is beyond reasonable doubt. SEE AWOBOKUN V ADEYEMI AND AMERICAN INT SECURITY & TELECOMMUNICATIONS SYSTEMS (NIG) LTD V ELUGENE PETERSON & ANOR

THE PROCEDURE

Guiding Rule: No Person shall be punished for Contempt of Court which is a criminal offence unless the specific offence charged against him is distinctly stated and an opportunity of answering it given to him. OBIEKWE ANIWETA V THE STATE

CRIMINAL CONTEMPT

IN FACIE CURIAE

The Court can deal summarily with cases of contempt in the face of the Court and by the very judicial officer in whose presence the offence was committed but in cases of contempt not committed in the face of the Court, the Court has two options:

Option One (SUMMARY TRAIL)

There may be cases where the offence could be dealt with summarily but it must be in accordance with the cardinal principles of fair hearing and the case must be one in which the facts surrounding the alleged contempt are so notorious as to be virtually incontestable. The Contemnor is given adequate opportunity to defend himself. If the Contempt is proved, the Contemnor is convicted for contempt and sentenced.

Option Two (FULL PROSECUTION)

The proper procedure is the whole process of apprehension or arrest, charge, prosecution etc, in other words

a)      The Contemnor is arrested by the Police

b)      A charge will be drafted,

c)      the Contemnor is arraigned before another Judge not the Judge affected to take his plea

d)     He is prosecuted in full criminal trail

e)      Then, the Judge will give a Judgment

 In BOYO V. ATTORNEY GENERAL OF MIDWESTERN STATE (1971) 1 ALL NLR 342, the Supreme Court advised that;

Judges must be very careful in handling contempt cases because of the peculiar nature of the offence.  In a contempt case, the contemnor is usually reduced to such a state of humility in fear of more stern consequences that he is unable or willing to defend himself as he might otherwise have done.  It is for this reason that the standard of proof required in contempt cases is ‘proof beyond reasonable doubt.

IN EX FACIE CURIAE

These are criminal contempt committed outside the face of the court which is intended or likely to interfere or obstruct the administration of Justice.

The case has to be referred to another judge and the normal criminal procedure has to be followed.  See RE: DR. OLU ONAGORUWA (UNREPORTED) FCA/E/11779 of 5th February 1980.

Therefore, the option two stated above will also be followed.

CIVIL CONTEMPT

Generally, civil contempt are committed outside the face of the court. Contempt Ex Facie Curiae.

The Procedure

We have two options or ways available

Option One

The Party affected by the contempt would do any of the following;

a)      File a Motion to the court to have the Contemnor committed for contempt

b)      The motion is supported by Affidavit disclosing the grounds for the application

c)      The Motion will be heard; it is either granted or refused.

The party affected by the contempt may also do any of the following;

a)      File and Serve on the Contemnor FORM 48 of the High Court (Civil Procedure) Rules; Sheriff and Civil Process Act

b)      Attach the enrolled order of court to it

c)      If he fails to comply with the order, FORM 49 would be served on the Contemnor

d)     The summon would be heard by the Court.

N.B: FORM 48: Notice of Consequences of Disobedience of Court Order

            FORM 49: Summons to Show cause why Contemnor should not be committed to prison for disobedience of court order

Option Two

The court can Suo Motu make an Order of committal of a person for civil Contempt

JURISDICTION OF COURT TO PUNISH FOR CONTEMPT

The High Court has inherent jurisdiction to punish criminal contempt summarily but the power should be exercised with the greatest caution. AWOBOKUN V ADEYEMI 

TAKE NOTE;

The inherent power to fine and imprison for contempt is not retained for the personal aggrandizement of a judge or whoever mans the Court.The powers are created, maintained, and retained for the purpose of preserving the dignity or honour of the Courts.  See Section 133 of the Criminal Code.  Section 133(4) of the Criminal Code provides thus:

“Any person who while a judicial proceeding is pending makes use of any speech or writing misrepresenting such proceedings or capable of prejudicing any person in favour of or against any party to such proceedings or calculated to lower the authority of any person before whom such proceedings is being heard or taken.”

FURTHERMORE,

Section 6 of the Criminal Code and it provides:

“Nothing in this law or in the Code shall affect the authority of the Courts of record to punish a person summarily for the offence commonly known as contempt of Courts.”

                                    PUNISHMENT FOR CONTEMPT

GUIDING RULE:  A charge of Contempt is a very serious offence and in the spirit of protecting our Temple of Justice and not to bolster up the power and dignity of the judge as an individual. Any acts or conducts which tends to invade these concepts should be frown at and dealt with in a good time as well.

THE PUNISHMENT

1.      The Courts will pardon a contemnor whose conduct is unintentional and who purges his contempt by a sincere apology and credible explanation. OR his act is from a mistaken belief or misconception of the laws thereby flouting a court’s order. SEE THE STATE  HON JUSTICE A.A.M EKUNDAYO & ANOR

2.      Contempt committed in Under Section 133 of the Criminal Code carries a maximum sentence of three months.  See OKOMA V. UDOH (2002) 1 NWLR (PT. 748) 438

3.        For civil contempt, the punishment permissible by law is six months.  See AFE BABALOLA V. FEDECO

4.      The Court also has the power to order that a contemnor be kept in custody till he purges himself of the contempt.  See ATEKE’s case. 

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