EVIDENCE LAW — Presumption — Counsel’s Authority to Appear
Ratio Decidendi
Per Ogbuagu, JSC, in FRN v. Adewunmi (2007) NLC-123-287-2002(SC) at p. 16; Paras C–D:
"Once a Counsel appears in a case and announces his appearance, the court assumes that he has the authority of his client for the conduct of the case. Once he is instructed and he announces his appearance in court, and he is so instructed, it raises a presumption of his authority and he assumes full control of the conduct of his client's case."
Explanation / Scope
This principle establishes that counsel’s appearance raises a presumption of authority. Once counsel announces appearance, the court assumes proper instruction. The counsel has full control of the client’s case. The principle ensures that proceedings are not disrupted by challenges to counsel’s authority. It applies in all proceedings where counsel appears. The presumption is rebuttable but must be challenged promptly. The principle reflects the professional responsibility of counsel. It promotes smooth court proceedings. The client is bound by counsel’s conduct. The principle prevents abuse of process by parties challenging authority after proceedings have progressed.