LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Obligation of a Trial Court When Counsel Withdraws Mid-Trial
PRINCIPLE STATEMENT
When counsel withdraws from a case, the trial Judge should direct that a fresh hearing notice be served on the party to enable engagement of new counsel, straighten the relationship with old counsel, or appear in person.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in Ndukauba v. Kolomo & Anor (2005) NLC-2372000(SC) at p. 6; Paras C–D.
"With respect to the trial Judge, I think he was mistaken not to have directed that a fresh hearing notice be served on the appellant when his counsel withdrew from the case. Had this been done, appellant would have been enabled to engage a new counsel or straighten his relationship with his old counsel or appear by himself."
EXPLANATION / SCOPE
Upon counsel’s withdrawal, the trial court must serve fresh hearing notice on the party. This allows the party to secure new representation or appear personally. The principle applies to fair hearing.
