Braithwaite urges court to reverse award of SAN titles

[TGD]

 EMINENT lawyer and elder statesman, Dr. Tunji Braithwaite, yesterday urged a Federal High Court in Lagos to protect its sanctity by reversing the recent award of the rank of  Senior Advocate of Nigeria (SAN), to some legal practitioners by the immediate past Chief Justice of Nigeria (CJN), Justice Aloysius Iyorgyer Katsina-Alu.

Braithwaite, who was the lead counsel in two separate suits filed by octogenarian, Pa Tunji Gomez and some lawyers under the aegis  of the Movement for the Abolition of the Rank of the Senior Advocate of Nigeria, said the plea for reversal of the award became imperative to protect the authority of the court before which the case is pending.

The plaintiffs, Pa Gomez , Mr. Foluso Fayokun, Mr. Seth Amaefule, Mr. Peter Okoye and Chief Andrew Otokhina, had during the hearing of the suit, filed a motion before the court  seeking an order to stop the swearing-in of 30 newly appointed Senior Advocates of Nigeria (SANs).

In the motion dated July 10, the plaintiffs had urged  the court to bar the former CJN, Justice Alloysius Katsina-Alu, President of the Nigerian Bar Association (NBA), Joseph Daudu (SAN) and the Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN), from taking any further steps pursuant to swearing-in of the 30 newly announced SANs pending the hearing and determination of the pending suits.

Other respondents in the suits against whom the applicants are also seeking order of restraint are the Legal Practitioners Privileges Committee (LPPC), the Secretary General of the NBA, Mr. Olumuyiwa Akinboro and the Registered Trustees of the NBA.

But while arguing their preliminary objection, the defendants, represented by Dele Adesina (SAN), urged the court to dismiss the suit  on the ground that it was an abuse of court process.

They argued that the writ of summons was not endorsed by the plaintiffs as stated by sections 97 and 98 of the Sherriff and Civil Procedures Rules.

The defendants also contended that the suit is a mere academic exercise as the act has since been completed with the swearing-in of the new SANs.

Perturbed by this submission, Braithwaite, on behalf of the plaintiffs, urged the court to discountenance the objection of the defendants, describing it as a mere weak technicality that has  no place in doing justice on the matter.

Braithwaite, who cited some authorities including Ojukwu v. Lagos State, stated that the defendants were even in contempt of the court because they knew the existence of the pending suit, being in court before the matter was adjourned before the swearing-in of the new SANs.

He subsequently urged the court to protect its integrity in line with the principle of les Pendis (pending matter in court) by  reversing  the  swearing-in of the new SANs, since the court  has the inherent powers to undo or revoke what has been done when a suit was pending.

After taking their submissions, trial judge, Justice Mohammed Idris, fixed November 18, 2011 for ruling on the application.



The Guardian