Sort Out Your Debarment Issue Before Appearing Next in My Court, Judge Tells Lawyer

Justice Beatrice Oke-Lawal of an Ikeja High Court, has asked Mr. Moses Oddiri, a claimant before her court, to resolve the issue surrounding his debarment as a legal practitioner before appearing next in a suit he instituted against the Redeemers International Secondary School, Mrs. Feyisara Osinupebi and others.

The judge gave the advice to Oddiri following an allegation of infraction against Oddiri raised by Mr. Emeka Etiaba, SAN, counsel to 1st to 4th defendants in the suit, at the resumed hearing last Thursday.

Etiaba had asked the court to determine whether Oddiri, who has been appearing in person for his son, is fit to stand as a legal practitioner in a suit he instituted against the Redeemers International Secondary School, Mrs. Feyisara Osinupebi and others.

Oddiri 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.

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.

The Senior Advocate informed the court that, the claimant had been barred from practicing as a lawyer since 2008, by the Legal Practitioners Disciplinary Committee.

To prove his claim, 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 belongs 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.

Responding, Oddiri said he had a Court of Appeal decision, that quashed the order of the 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 insisted.

But Etiaba countered him, asserting, "every legal practitioner in Nigeria has to have his name on the roll call of the Supreme Court".

Based on his application, he asked the court to determine whether the claimant, having been delisted from the roll call of lawyers, can wear the wig and gown and represent himself and son as a legal practitioner.

He also asked the court to determine whether the claimant can call himself a lawyer, in view of the letter from the Supreme Court.

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 had 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, and to ensure service on the 6th defendant before the next adjourned date fixed for November 13, 2017.