PROFESSIONAL ETHICS — Legal Practitioners — Signing of Court Processes — Only Natural Persons Called to Bar May Sign Processes
Principle Statement
Only human beings who are actually called to the Nigerian Bar and whose names appear on the roll of legal practitioners are entitled to practice as barristers and solicitors and to sign court processes. A firm, being a collection of individuals, is not a "person entitled to practice" and cannot sign legal documents such as motion papers.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Okafor & Ors v. Nweke & Ors (2007) NLC-123-27-2002(SC) at pp. 9–10; Paras A–B.
"The simple question that arises, in view of the clear provisions of Cap 207 reproduced above is whether or not 'J.H.C. Okolo SAN & Co' is a person entitled to practice as a barrister and solicitor. It seems to me that only human beings actually called to the Bar could practice or practice by signing documents such as a Motion Paper."
Explanation / Scope
This principle reinforces the distinction between a natural person (the individual lawyer) and an artificial entity (the firm). The Legal Practitioners Act confers the right to practice on individuals whose names are on the roll, not on firms or partnerships. Therefore, even a firm containing Senior Advocates cannot sign processes in the firm’s name. The signing of court processes is a professional duty requiring personal responsibility and cannot be delegated to a collective entity.
