PROFESSIONAL ETHICS — Legal Practitioner — Firm Name — Signature of Court Processes by Law Firm Invalid
Principle Statement
There is a big legal difference between the name of a firm of legal practitioner and the name of a legal practitioner simpliciter. While the name of OLUJIMI AND AKEREDOLU is a firm with some corporate existence, the name of a Legal Practitioner is a name qua Solicitor and Advocate of the Supreme Court of Nigeria which has no corporate connotation. As both carry different legal entities in our jurisprudence of parties, one cannot be a substitute for the other because they are not synonyms. It is clear that OLUJIMI AND AKEREDOLU is not a name of a legal Practitioner in Nigeria. I say this because there is no such name in the roll of legal Practitioner and that violates sections 2(1) and 24 of the Legal Practitioners Act.
Ratio Decidendi (Source)
Per Tobi, JSC, in Adewunmi v. Oketade (2010) NLC-123-78-2001(SC) at p. 3; Paras A–C.
"There is a big legal difference between the name of a firm of legal practitioner and the name of a legal practitioner simpliciter. While the name of OLUJIMI AND AKEREDOLU is a firm with some corporate existence, the name of a Legal Practitioner is a name qua Solicitor and Advocate of the Supreme Court of Nigeria which has no corporate connotation. As both carry different legal entities in our jurisprudence of parties, one cannot be a substitute for the other because they are not synonyms. It is clear that OLUJIMI AND AKEREDOLU is not a name of a legal Practitioner in Nigeria. I say this because there is no such name in the roll of legal Practitioner and that violates sections 2(1) and 24 of the Legal Practitioners Act."
Explanation / Scope
This principle establishes that signing court processes with a law firm name is invalid; only a named legal practitioner can sign. The principle applies where processes are signed by a firm. It ensures that processes are properly signed. The principle reflects the distinction between a firm and a practitioner. It prevents invalid processes. The court must reject processes signed by a firm. The principle provides guidance on the proper signing of court processes.
