Victor Edem & Co.

10/12/2024

Let's stop asking for reimbursement of solicitors' fee from adverse party in litigation. It is unethical.

AUDU v. ATKINS
(2019) LPELR-49701(CA)

"In my view what is to be considered is whether or not the solicitor's fees considering the fact of this case forms part of the cause of action in the counter claim by the Defendant. (Respondent) before the Trial Court. It is trite that a cause of action arises from circumstances containing different facts that gives rise to a claim that can be enforced in Court, and this leads to the right to sue a person Responsible for the existence of such circumstance. There must be a wrongful act of a party sued which has injured or given the Plaintiff a reason to complain in a Court of law of consequent damage to him. See the case of ARABAMBI & OR V. ADVANCE BEVERAGES INDUSTRIES LIMITED NSCQLR VOL. 24 (2005) 530. In the case of READ V. BROWN (1888) 22 Q. B. D. 128 Pg 131 - 151 Lord Esher M.R. stated what the term denotes or means, thus: "Every fact which it would be necessary for the Plaintiff to prove, if traversed in order to support his right to the judgment of the Court. It does not comprise every piece of evidence which is necessary to be proved." In the case of AMODU V. DR. AMODE AND KWARA STATE COLLEGE OF TECHNOLOGY (1990) 5 NWLR (PT.150) 356 - 357. Cause of action is described thus: "all those things necessary to give right of action whether they are to be done by the Plaintiff or a third person" In CHIEF AFOLAYAN V. OBA OGUNRINDE AND 3 ORS (1990) 1 NWLR (PT.127) 369 at 371, Karibi - Whyte, JSC Stated that a cause of action mean "(a) A cause of complaints; (b) A civil right or obligation for the determination by a Court of law. (c) A dispute in respect of which a Court of law is entitled to invoke its judicial power to determine." It is also added that "It is a factual situation which enables one person to obtain a remedy from another in Court with respect to injury. That it consist of every fact which it would be necessary for the Plaintiff to prove if traversed in order to support his right to judgment" Going by the foregoing definitions, it is my humble view that for a cause of action to arise there must be a wrongful act of a party sued which has injured or given the Plaintiff a reason to complain and seeking for consequential damages. The right to hire a counsel of one's choice is provided for under Section 36 (5) (c) of the 1999 Constitution of the Federal Republic of Nigeria. In exercise of that right, if a party in a suit decides to hire a Counsel of his own choice, that will not amount to a wrongful act of the adverse party creating any injury to the Plaintiff or creating an avenue to complain and seeking for consequential damages. After all the need to hire a Counsel is for the benefit of the party that hire the Counsel be it a Plaintiff or Defendant or a counter claimant as in the case at hand. I therefore find no hesitation in adopting the view of my learned brother Ibiyeye JCA (of blessed memory) as submitted by the learned Counsel representing the Appellant in the case of GUINNESS NIGERIA PLC VS NWOKE (2000) 15 NWLR (PT.689) 135 at 150. Hear his Lordship. "A claim for solicitors fees is outlandish and should not be allowed as it did not arise as a result of damages suffered in the course of any transaction between the parties. It would seem that the established legal position is that it is unethical and an affront to public policy for a litigant to pass the burden of cost of an action including his solicitor's fees to his opponent in the suit. This is on the basis of the self evidence truth that solicitors fees do not form part of the wrong on which the Plaintiff pivoted his cause of action. It is outside it. It is therefore, improper to allow a Plaintiff to pass his financial responsibility to a Defendant. It seems that the reliefs which a Plaintiff in an action is entitled to, if established by evidence, are those reliefs which form part of the Plaintiff's cause of action. It cannot be disputed that a claim for solicitors fees does not form part of the Plaintiff's cause of action". Applying the forgoing dictum to this issue; renders issue number 3 to be competently resolved against the Respondent and in favour of the Appellant. In consequence, the order for the payment of the legal fees incurred by the defendant to be paid by the Plaintiff is hereby set aside." Per MUDASHIRU NASIRU ONIYANGI, JCA (Pp 41 - 45 Paras B - A)

31/08/2024

Where the circumstances of the facts suggests that the lawyer ought to know that his fees is from proceeds of crime, the fees can be tracked and rightly denied the use of such fees by the investigating authority. Eg, where a lawyer is engaged to divert funds from his client's account into his account. No legal service rendered.

FRN v. Ozekhome (2021) 9 NWLR (Pt. 1782) 448:

"A legal practitioner is entitled to his fees for professional services rendered, and such fees can not be rightly labelled as proceeds of crime. Further, it is not a requirement of the law that a legal practitioner would go into inquiry before receiving his fees from his client, to find out the source of the fund from which he would be paid. In this case, there was no evidence on record at the time the money was paid to the respondent’s chambers to show that the money was from the proceeds of unlawful activities.Therefore, the trial court rightly refused to hold that the money was from unlawful activities"

_CONTRAST_ _WITH_ 👇

*FBI LEGAL & ANOR v. FRN & ORS (2022) LPELR-58590(CA) Pp. 49-51, Para. A*

"The services of the 2nd Appellant were procured, induced by the humongous amount of money up for the grab, solely for the purpose of getting those humongous funds out of the reach of the determined and focused investigators, even when the 2nd Respondent had no rational explanation to offer for the inflow of such a humongous amount into her Bank Account from her son. In law, out of an illegal act no legal or valid cause of action can arise. This position of the law is founded on the principle of public policy and expressed in the maxim: ex turpi causa non oritur actio, meaning that an action does not arise from a base cause. See Pan Bisbilder (Nigeria) Limited V. First Bank of Nigeria Limited (2000) LPELR-2900 (SC) per Godfrey Okay Achike, JSC. See also Nigerian Copyright Commission & Ors V. Musical Copyright Society of Nigeria Ltd & Ors (2017) LPELR - 50743 (CA) per Sir Biobele Abraham Georgewill JCA.
In the circumstances of this appeal, it is true as aptly and unassailably submitted by learned counsel for the 1st Respondent that the Appellants knew very well the true and stinking character of the funds in the 2nd Respondent's Bank account for which they were engaged to secure and keep away from the long arms of the law. So, should the Appellants be allowed to lawfully benefit and keep any amount, even a kobo, from such a humongous amount whose source was illegal and cannot be explained by the 2nd Respondent under the guise of payment of legal fees? I think not!
The legal profession, the noblest of all professions, would never consider such funds, illegal to the knowledge of the Appellants, to pass off as lawful payment of professional fees. Thus, neither the 1st Appellant nor the 2nd Appellant can be paid any legitimate legal fees or commission from funds which has been shown indisputably to be illicit funds and to the knowledge of the 1st and 2nd Appellants are funds which were clear proceeds of crime, notwithstanding the purposes to which such proved illicit funds are either put into or utilised. See Sections 18(2) and 20 of the Money Laundering (Prevention and Prohibition) Act 2020. See also Sections 19 (1) and 74 of the Proceeds of Crime (Recovery and Management) Act 2022. See further
Federal Republic of Nigeria V. Rt. Hon. Adeyemi Sabit Ikuforiji (2016) LPELR-43745(CA), per Sir Biobele Abraham Gcorgewill JCA; Kalu V. FRN (2016) LPELR-40108 (SC); Ekwunife V. Wayne West Africa Ltd (1989) LPELR-1104 (SC); Pan Bisbilder (Nig) Ltd V. FBN Ltd (2000) LPELR-2900 (SC): Babatunde & Anor V. BON Ltd & Ors (2011) LPELR-8249 (SC).
It follows therefore, since the source of the funds is clearly and indisputably illicit, as rightly found by the lower Court, no legitimate claim thereto can in law lie by either the perpetrator or his accomplices save by a victim, such as the Government or where the facts so permit and/or justify, an individual. See Section 18 of the Money Laundering (Prevention and Prohibition) Act 2022." Per GEORGEWILL ,J.C.A in FBI LEGAL & ANOR v. FRN & ORS (2022) LPELR-58590(CA) (Pp. 49-51 paras. A)

30/08/2024

*Former EFCC Prosecutor's Claim Of Cult Harassment Insufficient For Canadian Asylum, Court Rules*

_She told the Canadian court that “unknown men attempted to bribe her, she was followed by unknown vehicles, and threatening letters were left on her vehicle.” The threats led her to apply for asylum in Canada, but her request was denied. She appealed her rejection to the Refugee Appeal Division, RAD, which still upheld her asylum rejection._

https://thenigerialawyer.com/former-efcc-prosecutors-claim-of-cult-harassment-insufficient-for-canadian-asylum-court-rules/

31/07/2024

*UK Court Increases Jail Time For Nigerian Ra**st Who Fled To Nigeria*

_Orji, who worked for His Majesty’s Revenue & Customs (HMRC) in the UK, had subjected his victim, a young Nigerian woman working as a house help for his family, to a “campaign of s*xual abuse” over several weeks. The abuse included r**e, attempted r**e, and assault._

https://thenigerialawyer.com/uk-court-increases-jail-time-for-nigerian-rapist-who-fled-to-nigeria/

04/07/2024

Update on Rivers Assembly matter

*[JUST IN] Court Of Appeal Nullifies Expulsion Of 25 Rivers State Lawmakers, Cites Lack Of Jurisdiction By High Court*

_A three-member panel of the appellate court held that the lower court lacked the jurisdiction to grant the exparte order. The court held that Section 272(3) of the Constitution gives the Federal High Court powers to determine whether the seat of a House of Assembly member has become vacant._

The Court of Appeal, Abuja has nullified the expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly by the Rivers State High Court. A three-member panel of the appellate court held that the lower court lacked the jurisdiction to grant the exparte order. The court held th...

26/06/2024

*Court Dismisses N20 Billion Negligence Suit Against Abuja Hospitals, FCT Minister Over Lawyer’s Wife’s Death*

_However, after reviewing evidence of the claimants and the defendants, Justice Okpe agreed with Nekabari Annah, lead counsel to Garki Hospital that the claimants failed woefully to discharge the burden of their allegations to be entitled to the sums they claimed._

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https://thenigerialawyer.com/court-dismisses-n20-billion-negligence-suit-against-abuja-hospitals-fct-minister-over-lawyers-wifes-death/



The Judge held that while Garki Hospital (1st) defendant, called three medical experts who testified and gave vivid account of how the deceased was managed till she delivered her baby, the lawyer gave a layman’s evidence that has no probate value.

Justice Ekpo said that while the hospital established that the deceased visited the hospital 23 times for antenatal care that led to her successful baby delivery, the claimants did not dispute or call medical experts to refute the robust evidence of the hospital.

The Court said that the failure by the claimants to call medical personnel to give evidence to help their case was a costly one adding that they played into the hands of the three defendants.

Justice Ekpo also held that the report of a 14-man panel of consultants set up by the Medical and Dental Council of Nigeria, MDCN, which did not establish a prima facie case against Garki Hospital was not challenged by the claimants thereby making their case to be unreliable.

It held that the 28 days opportunity opened to the claimants to challenge the clean bill of health issued by MDCN to Garki Hospital was also not explored at the Court of Appeal to prove their allegation of negligence.

Justice Ekpo therefore agreed with Garki Hospital’s lawyer that the evidence of Dr Adamu Onu, the Medical Director was cogent and reliable to the effect that the deceased was professionally managed till she delivered her baby and that the hospital has facilities and personnel competent to manage the deceased

19/06/2024

*Court Hears How Lawyer Moses John Jackson Allegedly Mismanaged Journalist Segun Adeleke’s Mother’s Property*

_“Adenuga the complaint, gave him N280,000 and N500,000 to add to the rents collected from the tenants at their mother’s house and is se the money to procure the letter of administration._

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https://thenigerialawyer.com/court-hears-how-lawyer-moses-john-jackson-allegedly-mismanaged-journalist-segun-adelekes-mothers-property/

17/06/2024

Apple is to be sued by a businessman after “deleted” messages he sent to s*x workers were found by his wife on another device.

The cheating husband, who is reportedly a middle-aged man from England, claims Apple’s lack of transparency over deleted messages led to his wife filing for divorce.

He told The Times he had turned to prostitutes in the final years of his marriage, and would contact them through the iMessage app on his iPhone before deleting the texts.

But the messages were eventually discovered by his wife on the family’s iMac computer, along with messages going back several years he believed he had wiped.

“If you are told a message is deleted, you are entitled to believe it’s deleted,” He told the Times newspaper.

“It’s all quite painful and quite raw still. It was a very brutal way of finding out [for my wife].

“My thoughts are if I had been able to talk to her rationally and she had not had such a brutal realisation of it, I might still be married.”

He added: “Divorce is an extraordinarily stressful process and you have children and family dynamics.

“In my opinion it’s all because Apple told me my messages were deleted when they weren’t.

“If the message had said, ‘These messages are deleted on this device’, that would have been a clue, or ‘These messages are deleted on this device only’ that would have been even better.”

He is now pursuing legal action against the company for the more than £5 million he lost in his divorce and legal costs, claiming the company does not make it clear to customers that deleted messages can appear on other Apple devices.

Read more on www.Lindaikejisblog.com

16/06/2024

*Dallas Pastor Sentenced To 35 Years For Stealing Three Churches In Deed Fraud Scheme*

_Foster had earlier rejected a plea offer for a lesser punishment. He testified during the four-day trial in his defense. “Stealing real estate is just as much a theft as stealing someone’s purse or car,” prosecutor Phillip Clark told WFAA after the trial. “But it is much more complicated to unwind or fix.”_

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https://thenigerialawyer.com/dallas-pastor-sentenced-to-35-years-for-stealing-three-churches-in-deed-fraud-scheme/

09/06/2024

*From Courtroom To Graveyard: Nigerian Man Dies A Day Before Court Ruling After 9 Years In Prison Awaiting Trial*

_The case, as recounted by pro bono lawyer Grace Okpo, centered around a defendant identified only as “Mr. Man,” who had been languishing in custody since 2015 while awaiting advice from the Director of Public Prosecutions (DPP)._

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https://thenigerialawyer.com/from-courtroom-to-graveyard-nigerian-man-dies-a-day-before-court-ruling-after-9-years-in-prison-awaiting-trial/

05/06/2024

When you're offered employment (not govt employment) with official car and accommodation, you're like a sick man on life support. The day you lose that job is the same day you are likely to be without a car and a roof over your head. It makes no difference that you're a family man. You're at the mercy of your employer who has the right to fire you without offering a reason for his decision. If you have a choice, don't put yourself in a position where you might be jobless, "carless" and homeless at the same time. It is one of the saddest situations to find oneself in life.

16/05/2024

IN THE CASE OF MANASSEH V GOSHWE (2024) 6 NWLR (Pt 1934) SC @ page 249, paras B-G
The Supreme Court while lamenting on the damage done to the Plateau cases especially as it affected the PDP had this to say:

"…the erratic and wild judicialism that has occurred in this matter from the High Court order of 26-11-2020 all through to the court of Appeal leaves much to be desired and renders access to justice a difficult if not impossible enterprise. If we cannot be sure what the law is at any time, then there is no law. An essential requirement of the law is certainty of content and application. Once this certainty is removed, it ceases to be law and become a tool to be used manipulatively at the whims and caprices of those of us whom the society has invested its trust to guard and enforce the law truthfully, objectively, fairly without fear of favour to yield substantial justice at all times for the public benefit. It amounts to judicial misconduct of a very extreme proportion for a judicial officer to disregard clear provisions of the constitution and other legislations and the precedents of this court. The whole engagement from the High court to the court of appeal amounts to illegitimate adjudication of false judicialism, flagrant and oppressive abuse of judicial process in an unprecedented manner. I will not say more on this. These few words are enough for us all.” per Agim JSC