COUNCIL OF LEGAL EDUCATION

NIGERIANLAW SCHOOL
LAGOS CAMPUS
PROFESSIONAL ETHICS & SKILLS
WEEK 7

(i) DUTIES III: DUTIES OF LAWYER TO COURT, STATE,

COLLEAGUES AND PROFESSION.

(ii) CONTEMPT OF COURT BY LAWYERS

CONTENTS

1. Dressing to Court
2. Duty to treat court with respect and dignity
3. Punctuality to Court
4. Courtroom decorum
5. Relationship with the judge
6. Trial publicity
7. Duty to observe rule of law, promote and foster the course
of justice, and maintain a high standard of professional and
ethical conduct – Rule 1;
8. Corruption and economic crimes and the lawyers’ role;
9. Duty to prevent admission of unfit and unqualified persons
into the legal profession and aiding the unauthorized
practice of the law - Rules 2 and 3.
10. Avoidance of intermediary in the practice of the law and
association for legal practice – Rules 4 and 5.
11. Notification of legal practice – Rules 9 – 13.
12. Lawyer as Officer of Court- Rule 30
13. Duty of counsel to court to ensure that materials and
documents generated by AI are verified before being used in
the court.
14. Employment in Criminal Cases and Lawyer for an Indigent
accused – Rules 37 & 38.
15. Fellowship and Precedence- Rule 26
16. Good faith and fairness among lawyers – Rule 27
17. Associating with other lawyers in a matter and change of
 Counsel.
18. Types of contempt
19. Proceedings for contempt
20. Punishment for contempt

OUTCOMES

At the end of this lesson, students would be able to:

1. Explain lawyer’s duties to the court, state, colleagues and

the legal profession
2. Explain and discuss the types, purpose, procedure and
punishment for contempt of court.

TASK 1 – GROUP TASK

Read the following scenario and answer the questions that follow
providing relevant authorities where necessary.

The late 1990s, heralded Alhaji Salman Madugu, a wealthy gold merchant,
however without any formal education because of his humble background.
As a result, he was determined to place his town on the world map as one
parading the highest number of educated people in Nigeria. He started by
building schools ranging from primary to tertiary institutions. He granted
scholarships in these schools to anyone from his town who desired to get
formal education. One of the beneficiaries was Ejiro Idris, the son of a
fellow trader who settled in the then Northern Nigeria.

Alhaji Madugu, who was highly exposed due to his trading activities, toured
the world. He made several foreign friends who served as contacts, which
he used to secure admission for his townsmen to study abroad. Amongst the
first set of people, he sent to Britain in September 1997, to realise a long-
time ambition of having one of his own becoming a lawyer was, Danladi
Madugu, his son. On his arrival in Britain, Danladi worked for a year to
familiarize himself with the new environment and make some extra money,
so that he would not be completely financially dependent on his father. After
one year, he enrolled for the London GCE and gained admission into the
East London Law College. He attempted the English Bar Final Examinations
and passed after one attempt. He observed the period of tutelage and
stayed back in the United Kingdom to work till the year 2005.

Returning to Nigeria in 2006, he opened his Law practice known as Munga-

Manga Associates and worked for the next five years before he settled down
and got married to his childhood love, Aisha. He encouraged Aisha to also
study Law, so she could join him in his Law practice. She finally agreed to
travel to the United Kingdom in 2008 and completed the law programme in
2012. She was called to the English Bar before returning home to sit for the
Nigerian Bar Final Examinations. She passed and became qualified as a
legal practitioner in Nigeria in 2014.

Aisha has been exposed to the legal profession right from the time she was
a child. Both her parents are lawyers. Her father, Abdul Nafiu (SAN) is
currently the chairperson of the Nigerian Bar Association (NBA) in one of
the branches of his state branch. Her mum, Mariam Nafiu, is a member of
the Body of Benchers in Nigeria. Both were called in the same year, 1978.
Her paternal grandfather, Alhaji Hussein Nafiu was a principal in the Law
Firm of Hussein Nafiu & Co, with a thriving law practice in Yola, former
Gongola State, Nigeria. He was called to the Nigerian Bar in 1967 and was
also conferred with the prestigious rank of Senior Advocate of Nigeria
(SAN) in 1980. Aisha’s maternal granny was also a Judge with the Gongola
State High Court. She rose to become the Chief Judge of the State before
she retired in 1987. In addition, Aisha’s great-granduncle, Alhaji Sani Nafiu
was one of the foremost legal practitioners in Nigeria. He qualified as a
legal practitioner in the year 1889.

Returning home after several years, Aisha partnered with her husband,
restructured his law firm, and took over as the Managing Partner of Munga-
Manga, Aisha Partnership. Aisha was made a Notary Public using the
contact of her parents even when she was not regular and punctual in the
payment of her practice fees. She brought in new ideas and employed the
following lawyers: Abdul Jubril (Esq.), Jemila Pela (Esq.), and Ibe Doye
(Esq.). Aisha also employed a part-time law undergraduate as her Personal
Assistant by name, Miss Mariam Noah. Aisha handed over her Notary Public
seal to Mariam and allows her to perform that function and sign on her
behalf.

Aisha’s father, Abdul Nafiu (SAN) has a restless personality. He habitually

and intentionally goes late to courts and disrupts court proceedings by
making sure that all lawyers sitting at the front row (even with the
permission of the Judge in a court where lawyers are struggling for space)
vacate the front row. He also bullies Judges. On one occasion, he appeared
at the Federal High Court, Yola, and disrespectfully insisted that the Judge
stop proceedings halfway, and have his matter which was for hearing,
called out of turn. He gave the reason that he had a matter at the Court of
Appeal, and he could not wait for the judge to finish with the proceeding.
The judge refused, and in reaction, he reminded the judge of how way back
they had come and how he was financially instrumental to the judge’s
tertiary and post-graduate education, not to mention the role he played in
ensuring that he became a judge.

Abdul Nafiu’s (SAN) antics does not stop there. He refers to judges in court
as “my young lady” or “my guy” as the case may be. He also refers to his
juniors in chambers as “my boys” or “my girls”. Abdul Nafiu (SAN) has
great looks and is a power-dresser. He abides to the dress-code for lawyers
to the detail. He moves from one court to the other and stages
melodramatic performances each time he spots a lawyer not properly
dressed. He parades them at the court triangle and reminds them on the
rules of dressing before all courts as they had been taught at the Law
School. He usually ends each session with a cliché “as a lawyer, you have to
dress the way you want to be addressed. Dressing is a powerful tool of our
trade”

As for Jemila Pela, she is the daughter of a retired Supreme Court Justice.
She was born and trained in Canada and was called to the Nigerian Bar in
2018 after fulfilling the relevant requirements. She is critical and questions
the justification for a lot of the rules lawyers are expected to observe in
court. Sometime in December 2023, Jemila was assigned a file to go and
appear in a High Court in Yola, Adamawa State. When the Judge entered
the court, she refused to stand or bow, insisting that she is only meant to
bow to her Lord. Jemila’s attitude attracted the attention of the Judge, and
the Judge had to ask: “Young lady, are you a lawyer or a litigant?”. Jemila
whist still seated answered: “Wha’ev’r”. The Judge was infuriated by the
composure of Jemila. He stared at her for a while and told her that she
lacked home-training, asking her to quote him anywhere. This statement set
Jemila berserk and she began to chant all manner of things in response to
the judge’s comment to which he paid her no attention. This drama was
stopped by the intervention of some senior lawyers, and she was eventually
ushered out of the court room. Before leaving, she handed the case file to
her friend, Chidubem Okri, to assist her with the day’s matter. Eventually,
when Jemila’s matter was called, Chidubem rose and announced her
appearance as follows: “Greetings to you, my judge. I Chidubem Okri,
formally announce my appearance on behalf of Jemila.” Then she informed
the court that she was just handed the case file by Jemila and was thus not
ceased with the facts of the case. She sought for an adjournment on this
ground. The Judge refused her application and proceeded with the matter.
At the end of the day’s proceeding, Jemila was accosted by some journalists
for an interview as regards the incidence that had earlier occurred. which
she granted referring to the judge as “a womanizer”, affirming she was sure
of winning the case.

On the same date, Aisha was to lead Hussein Mensa and Bayo Bako in a
case in the Adamawa State High Court, Yola for the recovery of debt owed
to Alhaji Dogo Jagaban, a prime client she met in France during the last
International Bar Conference. The two lawyers went ahead of Aisha in the
hope of the latter tidying up her desk to join them later with the case file.
Unfortunately, Aisha was held up in traffic and realizing she would be late,
she swiftly called the opposing counsel, Mr. Idi Kutas (Esq.), who promised
to concede to a stand-down. Eventually when their matter was called,
Hussein Mensa applied for a stand-down, but the application was
vehemently opposed by Mr. Kutas on grounds that Aisha has shown a
pattern of either coming late to court, or not appearing at all. Eventually,
the Court looked at its record, agreed, and ruled in favour of Mr. Kutas,
stating that it was not the duty of the Court to wait for counsel. The Court
immediately ordered Hussein Mensa to go on with their case.

Now answer the following questions.

1. Comment on the propriety or otherwise of Aisha handing over the

Notary Public seal to Mariam, allowing her to use it and
conducting other legal tasks on her behalf.
2. Comment on the propriety or otherwise of Abdul Nafiu’s conduct in
the presence of the judge whist in the court room.
3. Comment on the propriety or otherwise of the way Abdul Nafiu
addresses junior counsel. Would your answer be different on the
way he is expected to address the court? Give reasons.
4. As Abdul Nafiu, describe the ways in which it is expected of
lawyers in Nigeria to dress to the various courts.
5. Comment on the propriety or otherwise of the conduct of Jemila
towards the judge when she appeared in his court. Do you agree
with her conduct? Give reason(s) for your answer.
6. Comment on the propriety or otherwise of the Judge telling Jemila
that she lacked home training. What step(s) could the judge have
taken under the circumstances? (i) Describe the nature of this step.
(ii) State the procedure that could have been employed in
achieving the step you have identified. (iii) What consequence(s)
may await Jemila if the mentioned step(s) were successfully taken.
7. Comment on the propriety or otherwise of Jemila handing-over her
case file to Chidubem when she knew she was no longer going to
handle the matter on the day in question. Was the judge right in
dismissing Chidubem’s application for an adjournment of the
matter? Give reasons.
8. Comment on the propriety or otherwise of the manner in which
Chidubem announced her appearance before the courts.
9. Comment on the propriety or otherwise of the press interview
granted by Jemila and the comments she made in the regard.
10. Comment on the propriety or otherwise of Aisha‘s parents using
their contacts to make Aisha a Notary Public. What duty does their
action breach, if any? Give reasons for your answer.
11. Comment on the propriety or otherwise of the breach of the
promise of Mr. Kutas to concede to a stand down. Assuming Aisha
knew in advance that she was unable to make it to court on an
adjourned date, what is the proper step(s) expected of her to take.
Demonstrate your answer.
12. Comment on the propriety or otherwise of the Court going on with
the hearing of the case in the absence of Aisha.
Note:
 o All group members must prepare the above task as groupwork to be
submitted in hardcopy on Friday morning. Remember to submit a
softcopy the evening before.

o All members of groups must also come to class with copies of the
prepared task as anyone in any group may be called upon in class to
present.

INDIVIDUAL ASSIGNMENTS

TASK 1

Honourable Sunshyne Ebisam sought the legal services of

Ndukwe Babariga Esq for some urgent work, based on
recommendation of the General Manager of Petite Group Ltd,
and with the knowledge of Ndukwe Babariga Esq. The General
Manager is in the habit of recommending Ndukwe Babariga Esq
to potential clients due to the long-standing friendship he has
with Ndukwe Babariga Esq, who usually appreciates the kind
gesture of the General Manager from the proceeds of the brief.
Hon. Sunshyne Ebisam gave Ndukwe Babariga a few survey
plans in respect of different landed properties acquired by the
bank to enable him prepare deeds of conveyance for the different
properties. Due to his tight schedule in handling a criminal case
which was recently adjourned from day to day in the
Magistrates’ Court in Lagos State presided over by Ndukwe
Babariga’s ex-girlfriend, Ndukwe Babariga – who is the only
lawyer in his firm - instructed his secretary in his office to
prepare the deeds of conveyance. He proofread the deeds,
franked them, and affixed his stamps and seals to the
agreements before submitting them to Hon. Sunshyne Ebisam.
On being paid handsomely for the urgent legal work done,
Ndukwe Babariga appreciated the General Manager in his usual
way. On one of the days in which the criminal case was adjourned
to, Ndukwe Babariga wore a dark ash suit on a white shirt with a
black bow tie, a pair of dark-green socks on a coffee-brown shoe,
and politely addressed the Magistrate as “Your Worship
Elizabeth Ayanate”.

Answer the following questions –

a. Citing relevant provisions of the RPC, comment on the

propriety of the act of the General Manager recommending
Ndukwe Babariga to Hon. Sunshyne Ebisam and to potential
clients.

b (i). Was it right for Ndukwe Babariga to have appreciated the

General Manager in the way he did? Give reason for your answer.

b (ii). Would your answer be different if the appreciation were

done in any other manner other than the one in the scenario?
Give reason for your answer.

c. Comment on the propriety of Ndukwe Babariga’s instruction

to his secretary.

d. Was it proper for Ndukwe Babariga to have proofread the

deeds of conveyance, franked them and affixed his stamps and
seals to the documents? Give reason for your answer.

e (i). Is there anything wrong with Ndukwe Babariga’s dressing?

If no, give reason for your answer. If yes, state the appropriate
dressing.

e (ii). Assuming Ndukwe Babariga is a female lawyer and

appearing before a High Court, what appropriate dressing should
be worn?

f (i). Comment on the way Ndukwe Babariga addressed the

Magistrate.

f (ii). Assuming you are Ndukwe Babariga, how would you

address the Magistrate?
TASK 2

Mrs. Felicia Deodorant; a director in the Ministry of Justice,

dashed into the High Court in Asaba for her matter at 9:05am.
She was smelling so nice that the fragrance of her perfume filled
the atmosphere, and everyone turned towards her direction. The
Judge was delivering a Ruling when she entered the courtroom.
Mrs. Felicia Deodorant walked majestically to the third row and
insisted that all new wigs should vacate the seats on that row
because the seats are meant for senior lawyers. There was a
little squabble in court that the Judge was a bit distracted and
paused for a while. Mrs. Felicia Deodorant sat comfortably on
one of the seats on the third row after two new wigs vacated
their seats. When her matter was called, she stood to announce
appearance. The bangles on her hands made clinking sounds
while she gesticulated.

Answer the following questions –

a. Comment on all the ethical issues in the scenario above.

b. Is there anything wrong with the sudden change of the Court’s

ambience and reaction of everyone when Mrs. Felicia Deodorant
walked into the courtroom? If yes or no, buttress your point.

c. Assuming some lawyers made comments to the press over

what transpired between Mrs. Felicia Deodorant and the new
wigs on the third row, would you classify that as trial publicity?
Give reason(s) for your answer.

d. Assuming one of the new wigs is Miss Bossy Aaron who

commenced law practice after establishing her law firm in Ikeja,
Lagos two weeks ago through the help of her parents, what
obligation does she have to fulfil under the RPC?