Emmanuel Thomas I Wednesday, November 01, 2017
IKEJA, Lagos, Nigeria – A Senior Advocate of Nigeria, (SAN) Emeka Etiaba on Thursday told a high court sitting in Ikeja, that Barrister Moses Odiri is unfit to practice law for the reason that he had been debarred since 2008 by the Legal Practitioners Disciplinary Committee.
Odiri had appeared before Justice Beatrice Oke-Lawal in a case involving a suit he instituted against Redeemers International Secondary School, Principal of the school, Mrs Feyisara Osinupebi and others. But before he could proceed with the matter, Etiaba requested the court to determine whether Oddiri, who has been appearing in person for his son is fit to stand as a legal practitioner.
He argued that the council had confirmed that Odiri was debarred and no longer on the list of legal practitioners in Nigeria and consequently unfit to practice law. Etiaba told the court that Oddiri cannot represent himself and his son having been delisted from the roll call of legal practitioners by the Supreme Court of Nigeria and that the claimant has been barred since 2008 by the Legal Practitioners Disciplinary Committee.
Etiaba said he wrote a letter to the Chief Registrar of the Supreme Court and that the reply he got two days ago informed an application he filed before the court.
“Registrar of the Supreme Court in his reply to our letter said Moses Oddiri has been struck off the roll call of lawyers since 2008. He has been constantly wearing the wig and gown as if he still belong to the bar. He is not a legal practitioner and cannot conduct proceedings before this court. Even if he were to be a lawyer, he cannot represent himself and his son and should not be robed”, he submitted, citing relevant sections of the Legal Practitioners Act 1995 to back his argument. My Lord, this is a clear case of impersonation”, he alleged.
In his response, Oddiri said he has a Court of Appeal decision that quashed the order of the Legal Practitioners Disciplinary Committee that ordered that he be delisted from the roll call of lawyers.
“The Supreme Court is not the proper authority to issue any letter to that effect but a gazette that is published by the office of the Attorney General of the Federation (AGF).The proof that a lawyer cannot be a legal practitioner can only be gazetted,” he said.
But Etiaba countered him, asserting, “every legal practitioner in Nigeria has to have his name on the roll call of the Supreme Court”.
Addressing the dispute, Justice Beatrice Oke-Lawal advised Odiri following the allegation to clear his name with the Legal Practitioners Disciplinary Committee before the next hearing. Odiri had sued the school, Mrs. Osinupebi, Pastor Ben Akabueze, the British Council, Cambridge IGCSE and Enoch Adeboye, the General Overseer of Redeemers International Church, challenging the refusal of the defendants to release the certificates of his son, Andre to him.
In the originating summons, Oddiri said the decision to withhold his son’s 2016 Cambridge I.G.C.S.E result, the updated transcript from Junior Secondary School 1 to Senior Secondary School 3, his testimonial/statement and the 2017 WAEC result over alleged non-payment of third term school fees which he described as dubious, was unlawful.
During the proceedings, Oddiri, who is the claimant alongside his son, had told the court that he was ready for trial and prepared to move his application. But Mr. Etiaba (SAN), counsel to 1st to 4th defendants opposed him, alleging infraction by Oddiri.
Asked by the court the steps taken after Appeal Court’s decision to get relisted on roll call of lawyers, Oddiri said he had applied to be reinstated and served the registrar of the apex court with a copy of the court’s decision.
Ruling on the matter, Justice Oke-Lawal said the issue of whether the claimant can stand as a legal practitioner would have to be dealt with first before going into the main application. The court advised Oddiri to go back to the apex court to sort out the issue with a view to getting relisted.
Justice Oke-Lawal urged all counsel in the matter to file their responses to the application of Etiaba and the claimants to ensure service to the 6th defendant before the next adjourned date fixed for November 13, 2017.
