MAIDEN BRIEF: ‘Client’s attitude made me withdraw from my first case in court’
Barrister Hameed Jimoh was called to bar in 2014. In this edition of he shares his experience on his first days before a judge, most challenging case and view on rank of Senior Advocate of Nigeria (SAN), among others. Excerpts:
Can you remember the first time you presented a case in court and what made your experience unforgettable?
Yes. The first time I presented a case in court was in a criminal appeal matter that I appealed to the High Court of the Federal Capital Territory, Abuja, against an area court’s judgment convicting and sentencing my client.
On what made my experience unforgettable: it was that despite my committed effort in that case with the best sincerity to help the client even on my expenses, I had to withdraw from it; even after having filed all processes including the appellant’s brief and having made some appearances in the appeal, due to my client’s unserious attitude. I was not really happy to withdraw, so I still remember the scenario often.
Any mistakes you made in your early days in practice that you don’t want to repeat?
Yes. I could remember when I filed a fundamental rights enforcement suit in relation to the Borno IDP bombing by the Nigerian Air Force in 2017, though, it was my first human rights enforcement case, I headed my originating process as ‘Motion on Notice’. One of the respondents raised an objection on it, though, the court ruled in my favour on the issue raised by the respondent as to the competency of such process, I learnt and vowed to always title my process as ‘Originating Motion’ and that has since been my practice whenever I am filing human rights enforcement matters.
What are the important things you do when preparing for a court appearance?
The important things that I do are: I read and study my processes in the case file and I make jottings of my addresses, arguments and submissions to be made before the court. I then rehearse on the written jottings.
What will make you reject a brief?
If I discover that my client does not trust me or that he is insincere with me in the case; and if I discover any of those reasons for me to withdraw from a case as provided by the Rules of Professional Conduct for Legal Practitioners, 2007.
What has been your most challenging case and why?
My most challenging case so far was the Borno IDP case on enforcement of fundamental rights.
The reason is because it was my first human rights enforcement case. In that case, I sued in my name for and on behalf of those victims - dead and alive - against the Nigerian Air Force and the Attorney-General of the Federation. I and the respondents exchanged several processes ranging from preliminary objections, motions, the originating processes, among others. The hearing of the suit took us three hours or more non-stop to argue the processes all-together. As at that time, I hadn’t such experience that lasted that long. So, I was very exhausted in strength and energy. Though, majorly, the court declined jurisdiction while striking out the suit, it remains my stepping stone and the source of my human rights enforcement as a human rights advocate/ activist. I learnt a lot in that case. In fact, it was in that case that I discovered myself as a human rights advocate/lawyer.
What area of law do you like most?
Generally, litigation - especially public laws litigation - such as human rights enforcement, criminal laws, constitutional laws, election matters, among others. Though, I have not handled any election matter yet.
What is your view about the rank of Senior Advocate of Nigeria? Do you think it should be scrapped?
My view is that every profession has its own rules and practice. Honouring some members of the legal profession for their distinctive seniority of experiences at the Bar is not a bad idea, as far as the legal practice and the legal profession are concerned.
Well, I do not support it being scrapped. I see it as the only one thing a lawyer in active private legal practice has to benefit aside money, just like a lecturer in a university grows to become a professor. Yet, there is no support for withdrawal of professorship honour from academic honours or the withdrawal of the office of directorship in public service.
If you are in a position to make a change in the judiciary what will that change be?
The change will be to take appropriate measures against corruption of the judiciary, as it is the last hope of the public and or the masses. This is because where a judge engages in corrupt practices, then, justice is misplaced.