APPELLATE PRACTICE — Withdrawal of Appeal — Authority of Counsel
Ratio Decidendi
Per Olagunju, JCA (as quoted by Muhammad, JSC), in The Young Shall Grow Motors Limited v. Okonkwo & Anor (2010) NLC-123-248-2002(SC) at p. 12, paras. E–F:
"A client who briefs a counsel is presumed to have confidence in the counsel. This confidence will continue for the entire duration of the case unless the brief is withdrawn. … it is idle contesting the authority of the counsel."
Explanation / Scope
This principle establishes that a client who briefs counsel is presumed to have confidence in the counsel, and this confidence continues unless the brief is withdrawn. The principle applies where counsel’s authority is challenged. It ensures that counsel’s authority is presumed. The principle reflects the professional relationship. It prevents challenges to counsel’s authority without withdrawal of the brief. The court must presume counsel’s authority. The principle provides guidance on counsel’s authority.