APPELLATE PRACTICE — Duty of Counsel — Commitment to Client’s Brief
Ratio Decidendi
Per Adekeye, JSC, in Minister of Petroleum And Mineral Resources & Anor v. Expo-Shipping Line (Nig.) Ltd. (2010) NLC-123-1-2003(SC) at p. 28, para. E:
"In the peculiar circumstances of this case, it is definitely not gainsaying that the reason given by the appellants/applicants for the delay in filing notice and grounds of appeal is weak and porous particularly as expressed in paragraph 4 (c) of the affidavit in support; as a counsel must be committed to the briefs of a litigant, his client. He must return the brief where he is otherwise engaged to do so."
Explanation / Scope
This principle establishes that counsel must be committed to the client’s brief and must return the brief if otherwise engaged. The principle applies where counsel’s conduct is in issue. It ensures that counsel diligently pursues clients’ cases. The principle reflects the professional duty of counsel. It prevents counsel from using engagement as an excuse for delay. The court must assess counsel’s commitment. The principle provides guidance on the duty of counsel.