LEGAL PRINCIPLE: APPELLATE PRACTICE — Counsel’s Duty — Citation of Authorities — Obligation to Assist Court
PRINCIPLE STATEMENT
Counsel must argue his client's case convincingly and assist the court with authorities. Counsel should not surprise his opponent by failing to cite authorities and relying on the court to do his work. Such conduct shows laziness and arrogance and should not be encouraged.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in African Reinsurance Corporation v. JDP Construction Nigeria Limited (2003) NLC-662002(SC) at p. 15; Paras A–C.
"Counsel is obliged to argue his client's case convincingly and assist the court with authorities so that it may arrive at the right decision. Furthermore, counsel should not surprise his opponent by not citing authorities in support of his case but relying on the court to do his duty of researching for authorities in support of his client's case. This is never done and should not be encouraged. It shows laziness and arrogance on the part of counsel."
EXPLANATION / SCOPE
Counsel has a duty to cite relevant authorities. The court should not be expected to research for counsel. The principle applies to all advocates. Failure to cite authorities may disadvantage the opponent. The rule promotes professional responsibility. The court may disregard submissions without authority. The principle is fundamental to advocacy.