LEGAL PRINCIPLE: APPELLATE PRACTICE – Reliance on Headnotes – Duty of Counsel
PRINCIPLE STATEMENT
It is lazy for counsel to rely on headnotes in law reports instead of reading the whole of the facts of the case he is relying on to see how relevant the decision in the case is to his own case.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC) at p. 9; Paras D–E.
"It is lazy for counsel to rely on headnotes in law reports instead of reading the whole of the facts of the case he is relying on to see how relevant the decision in the case is to his own case."
EXPLANATION / SCOPE
Counsel have a professional duty to read the full facts and reasoning of cited authorities, not merely rely on headnotes. Headnotes are editorial summaries, not substitutes for judicial reasoning. The relevance of a precedent depends on its factual context; applying a decision without understanding its facts risks misapplication. This practice undermines proper advocacy and may mislead the court. Counsel must engage with the actual judgment to accurately assess its applicability. Diligent research and thorough understanding are essential to competent legal representation.