LEGAL PRINCIPLE: CIVIL PROCEDURE — Address of Counsel — Right to Address Court
PRINCIPLE STATEMENT
The right of counsel to address the court is provided for by rules of court. A trial judge's discretion must be exercised within the confines of the law, and depriving counsel of the right to address the court at the close of the case is a complaint that can be made.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, quoting Agbaje, JSC in Niger Construction Ltd. v. Okugbeni, in Okoebor v. Police Council & Ors (2003) NLC-331999(SC) at p. 19; Paras A–B.
"The right of counsel to address the court is provided for by rules of court, so there can be something in a complaint by counsel that the trial court has deprived him of his right to address the court on behalf of his client at the close of the case for both sides, for any discretion possessed by a trial Judge must be exercised within the confines of the law."
EXPLANATION / SCOPE
Counsel has a right to address the court at the close of proceedings. The principle applies to all trials. The trial judge’s discretion is limited by the rules of court. The rule ensures fair hearing. Denying counsel this right may be a ground for appeal. The principle is well-established.