Sunday 25 June 2017

REJOINDER: B.E.I Nwofor Barrister-at-Law Loyal to a Fault

Barka de Sallah Sir,
This text is addressed specifically to a male Lawyer (who shall not be named)
I thought of writing an open letter cos other readers might have similar query.
I think my learned friend wants me to make some clarifications with respect
to the subject line "B.E.I.Nwofor Barrister at Law Loyal to a Fault"
My learned friends talk about reprimand of Mr Nwofor by LPPC
I am in sync with my colleagues. I didn't say Nwofor was loyal to the law to a fault.
I said now "a barrister at law" meaning he can no longer use the suffix SAN
One of the professional methods of addressing a lawyer is "Barrister-at-Law"
So I was actually addressing him by his present robe.
2) What I meant by "loyal to a fault"? That applied to his client
Nwofor was loyal to his client Sheriff to a fault.
His client Modu Sheriff must have pushed him with those frivolous
applications at the court of appeal alleging corruption.
Modu Sheriff is the most desperate politician in Nigeria at this time.

Our Judges are not always right. I give you an example
C N AJIE AND CO had a simple motion.
My junior colleague whom I asked to take the motion had two
matters before two Judges on that day; one was down the cause list and the other
well spaced out. So he was in a position to handle both. Otherwise 2 counsel might have.
He attended the court on the same floor as this other court I refrain from disclosing
the names of the Judges. So he went to the first court (Court A) and left our client to
sit in for the purpose of this write up Court B. After he finished from Court A
he proceeded to court B. The client was sitting waiting for the matter to be called.
The matter wasn't called. At the close of proceedings for the day Lawyer called
his Lordship's attention to the fact that the matter was listed but not called up.
Judge said matter was called when my colleague was in Court A.
 Lawyer turned to the client Judge gave the client permission to say something.
Client said "my lord I have sat in this court room from 8:30am till now, time was 2pm
when the cause list was exhausted and my lord I didn't hear the court registrar
call my case. Judge pulled up the file and read out, the case was called and "struck out"
What? Why? Anyway as Lawyers are not to have ugly confrontation in front of Judges
the Lawyer said alright miLord we will apply for relisting. Judge rose. So C N AJIE & CO brought a motion to re-list; sometimes the Judge doesn't sit and when he does he adjourns on grounds that the defendants are not there or so.  Look the rules say defendants having been served with the motion to relist proof of service in his lordship's file; you cannot compel an unwilling defendant to appear; they filed no counter affidavit or written address or anything.
After 4 adjournments or so. I wrote to the Chief Judge who shall not be named to re-assign it. The CJ sent the letter to the Judge for comments. I won't know what he wrote under comments. However the suit was transferred from  the male Judge and re-assigned to a female Judge. On the first day the case was called up in the court presided over by a female Judge her Lordship granted our application to relist and that z it.
Did the male Judge misconduct? - What is everybody's guess?
Did I accuse Court B of taking bribe? of course not.
Only a chronology of events, well chronicled speaks for itself.
CA

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