COURT PLACEMENT 2017 (WEEK 2): ETHICAL EXPERIENCES, JOKES AND LESSONS FROM THE TEMPLE

What a week, so we want to appreciate everyone who actually send in their experiences in the Temple of Justice. I received a voice Note from an Extern and almost fell off the Chair while listening to the awesome things that happen in our courts.

So we have concluded that at the end of the Court Placement, we going to merge all these experiences and send to the CHIEF JUSTICE OF NIGERIA, couple with an OPEN LETTER.

THE COMMON EXPERIENCE FROM THE LEARNING PRIEST OF THE TEMPLE

I think a law should be created that guides Adjournment in Nigeria, the rate at which Learned Counsel call for Adjournment is just so unbearable. Apologies to the body of Nigerian Bar Association, but why keep calling for adjournment just because you want to savage clients.

TRUE LIFE STORY

COUNSEL: My Lord, today’s matter is slated for trial, but my lord counsel will seek for a short date

JUDGE: (looking at him with the I will use this gavel on your head face) Why?

COUNSEL: My Lord, (the lying face) we have an application to amend our claims

JUDGE: Mr A or what is that your name, this case being on for how many years now?

COUNSEL: My Lord since 2010 sir

JUDGE: You have done nothing but moved this case with the speed of snail………

 

ANOTHER STORY

I do not know if this true but I heard it from a reliable source of an old lawyer that have being on a case for over 15 years or thereabout. His child studied law and after he was called to Bar, he decided to work in his father’s  Law Firm, he saw the old case and decided to settle the matter. He was successful, with Joy in his heart he decided to tell his Dad;

SON: Dad I was able to settle this old case in less than 2 weeks and the Judge have delivered Judgment, if you see the face of the Clients, they were filled with Joy

DAD: You must be very Stupid, who sent you work, why did you that?
SON: Dad we were taught in Law School that…

DAD: Which school, don’t you know that it was that case I use in sponsoring your academics, you think your law school money fell from the sky……..

REFLECTION:

Welcome to the world of Lawyers, were Adjournment is used as a cover up to unnecessarily delay cases. You know the RULES OF PROFESSIONAL CONDUCT provides in RULE 30;

            ‘’A Lawyer is an officer of the Court and accordingly he shall not do any act or conduct himself in any manner that may obstruct, delay or adversely affect the administration of justice’’

I believe that the solution to this problem Is that Clients should be present always in court to see how Priests are actually acting in the Temple getting them nothing but the opposite of Justice.

SECOND COMMON EXPERIENCE

My God!!!! We have brilliant Judges in Nigeria, an extern send me a message I could feel the awesomeness of her Judge with the way she was describing her. Another extern told me of a Judge that would quote the Law and cite judicial authorities with the full citation.

Before i forget do you know a Judge actually feeds the Externs after every court session.

I heard some Judges actually teach the Externs after Court Session.

OH!!!! Am Having an Exam on Monday….

Am not going to tilt to one side, a Lawyer actually made a statement in court that;

 

‘’ Can the Cockroach be innocent in a gathering of fowls?’’

So let me add my own;

            ‘’A Bush does not sway this way or that way unless there is a wind to disturb it’’

THIRD COMMON EXPERIENCE

The Prosecutor and the manner they handle criminal matters.

While I was growing up, I tried hard to convince everyone that we lawyers do not lie that our goal is to make sure Justice is achieved.

But it seems the ‘’Lady Justice’’ statute in our courts have opened her eyes suddenly and have replaced the Sword or Knife in her hands to a _______ (fill in the blank space yourself)

 

If I write out the experiences of Externs, am sure myself and my staff will not be called to Bar. So let end it with the provision of RPC, RULE 37 (4)

            ’’The primary duty of a lawyer engaged in public prosecution is not to convict but to see that Justice is done’’

FOURTH COMMON EXPERIENCE

On this part, let me take time to Congratulate BANKY W and ADESUA of Wedding Party Movie…. Social Media was flooded with the beautiful pictures……….i pray you have a blissful marriage.

OK!!! Let go back to experience number 4 (deep breath)

DIVORCE!!!!! A friend messaged me and said he witnessed 13 divorce cases in a single day. This is a live experience;

BLOGGER: Please tell us about your experience in court today

EXTERN:  I broke down in court today as I watched 2 little children; the ages of 10&11 give evidence on who they want to live with.

They chose their uncle as against their father (obviously their father has not been treating them well since d death of their mother and has also refused 2 bury their late sister).

I fought back d tears.

God help us to make good choices as regards marriage and to be the type of parents that our children would love to emulate.

Whether we like it or not, it's d poor innocent kids who never begged to be born who end up suffering d results of bad decisions. Let's save d future generation by making d right choice.

I don’t even know what to say about this one, just choose wisely. And if you know you want to be like me, to be single is not a crime nor a sin….well am single thou, so just slide a message to my DM…….

……LET MOVE TO THE FUNNY AND TOUCHING STORIES

FIRST STORY

Learned silk: My lord I regret to announce to you that first defendant is dead and by implication we apply his name be struck out and the charge amended.

Prosecution : My lord it's unfortunate we lost him,  he was the …… we had in this country, he has served in several ministries ,we regret we lost him .

Learned silk : It's quite unfortunate... My lord let it be on record that the blood of the 1st Def. Is in the hands of the prosecution, now he eulogizes him as an angel yet he fought his application for medical treatment abroad with all his might,  An angel that you killed.  My lord the system has failed.

Prosecution : My lord I only did my job as a diligent prosecutor would.

SECOND STORY

Judge: Appearance

 

Counsel: With concentrated Humility, I am around my Lord

Judge: Counsel what did you say

Counsel: repeated the same thing, concentrated humility

NAWAH O, WHAT SHALL WE NOT HEAR DURING DIS COURT PLACEMENT

THIRD STORY

Judge: Counsel call your next witness

Counsel: My Lord our 5th witness in this proceedings is late(dead) thus we won't be calling him

Judge: You can call him now

Counsel: My lord we will apply for witness summon then,  subpoena my lord.

Judge: You will serve it yourself!

FOURTH STORY

A guy was caught to have stolen Transformer wires, he was arraigned in court.

The charge was about to be read to the Accused person(Bad guy). He claimed he does not understand English Language. So the charge was read to him and interpreted in Igbo Language

The Prosecutor didn’t handle the case well, so the Judge today was to deliver Judgment

The Judge said he was innocent and that his discharged and acquitted

The Guy Jumped up and started dancing…..

We were like this guy that said he does not understand English but understood discharge and acquitted…….

FIFTH STORY ( Cross-Examination)

Counsel: Witness were you present when your wife committed Adultery

Witness: I was away oversea

Counsel: Overseas, please tell this honorable court were precisely?

Witness: Angola

(Everyone burst into laugh and he was shouting overseas as if he was in America or somewhere like that)

Counsel: How did you know she committed adultery

Witness: She was living with our Marriage Counselor for 11 days

Counsel: Can you tell this Honorable Court how many times they had sex?

Witness: You must be very foolish for asking me that question

Judge: Mr A, I will not allow you do that……….

SIXTH STORY

So the Counsel was trying to lead the witness during Examination-in-Chief to adopt her Witness Statement on Oath. After asking her the introductory questions and that did she make any statement on oath. She answered Yes, so the Counsel asked her;

Counsel: What do you want the court to this statement?

Witness: Abegii, My Lord oh, please ehn na make this Tenant commot from my house, ah he don dey stay he no gree pay…….

LESSON FROM THE TEMPLE

SERVICE OF PROCESS

So today on the Lesson from the Temple is SERVICE OF PROCESS. I strongly believe that majority of us keep hearing our Judges asking parties that have you served the other party.

Service of Process is a condition Precedent for the exercise of a court’s Jurisdiction over the Defendant. See ORDER 7 HIGH COURT OF LAGOS( CIVIL PROCEDURE) RULES

GENERAL RULE: All originating process is required by law to be by PERSONAL SERVICE. NWANKWO V KANU

HOWEVER, No personal service of an Originating process shall be required where the defendant has authorized his Legal Practitioner in writing to accept service and such Legal Practitioner enters appearance.

The Legal Practitioner shall attach such written authority to the Memorandum of Appearance filed by such Legal Practitioner. SEE ORDER RULE 3 HCLR

POSER: WHO ARE THE PEOPLE EMPOWERED TO SERVE PROCESSES?

1. The Sheriff
2. Deputy Sheriff
3. Baliff
4. Special Baliff
5. A courier company
6. Any other officer of court appointed by the Judge
7. Any legal Practitioner authorized to serve a court process
8. Law chambers.

POSER: WHAT IF THE DEFENDANT REFUSES SERVICE OR HIS VIOLENT?

In a situation the defendant seems to be evasive or violent.

In Lagos

The rule provides that A copy of the Writ may be left within reach of him and this shall be deemed good and sufficient service for all purposes. See ORDER 7 RULE 12

In Abuja

The Rules provides that it shall be sufficient to inform him of the Nature of the process as near that person as practicable. See ORDER 11 RULE 27

                        SUBSTITUTED SERVICE

RULE: The Purpose of Service is to bring the suit to the Knowledge or notice of the defendant and the Jurisdiction of the Court would not be said to have been properly invoked until the defendant is served. See SKEN CONSULT V UKEY

WAYS SUBSTITUTED SERVICE MAY BE DONE

1. By delivery of the document to some adult inmate at the usual or last known place of abode or business of the person to be served
2. By delivery of the documents to some persons being a agent of the person to be served
3. By advertisement in the Federal Gazetter or some Newspaper circulating within the Jurisdiction
4. By Notice put up at the principal court house or a place of public resort in the Judicial division where the respective proceeding is instituted
5. At the usual or last known place of abode
6. By e-mail or any other scientific device now known or later developed
7. By courier service or any other means convenient to the court

SEE ORDER 11 RULE 5 HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

THE PROCEDURE FOR SUBSTITUTED SERVICE

Before we get to the Bus Stop of Substituted Service, it means every effort carried out to serve the defendant personally have failed. The plaintiff/ claimant as the case may be will bring to the court

a)       An application for Substituted Service via Motion Ex-Parte

b)      Supported by an Affidavit deposed to by the Process Server stating that all means of serving the process personally have failed which may be due to;

i.                    Change of address of the defendant

ii.                  The address supplied by the Plaintiff or Claimant may not be accurately stated

iii.                The defendant may have become aware of the process and is avoiding service

iv.                 The defendant may have moved out of the Jurisdiction

PROOF OF SERVICE

The various modes of proving service are;

a)       Endorsement of Service by the defendant

b)      Appearance of the defendant in the court

c)       Under the Lagos rule it provides for AFFIDAVIT OF SERVICE; which must state

i.                    Fact

ii.                  Date

iii.                Time and

iv.                 Mode of service

v.                   Describing the process served and shall exhibit the Acknowledgment of Service.

TIME FOR SERVICE

IN ABUJA & LAGOS: It can be served any day except on a Sunday or a public holiday unless there is a contrary order by the court permitting service on such days and such order shall be endorsed on the document to be served. ORDER 7 RULE 15(2) LAG ORDER 11 RULE 30 ABUJA

BUT NOTE

IN LAGOS: 6am – 6pm

IN ABUJA: No time limit.

            TO BE CONTINUED!!!!!!!!

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