Tuesday, 4 June 2013

Legal intimidation; any effect?

For the purpose of this topic I define legal intimidation as the deliberate briefing of two or more lawyers to represent a party in one suit.

In a recent news report, 10 Senior Advocates of Nigeria and 87 Lawyers offered to freely represent the Executive Secretary of the Anti-corruption Network, Dino Malaye, in a 10 million naira Libel suit instituted by the Attorney General of the Federation and Minister of justice, Mr.Mohammed Bello Adoke. It was also reported that the AGF has costituted an 11-man team in respect of the matter. See: http://dailypost.com.ng/2013/06/03/n10bn-libel-suit-10-sans-87-lawyers-sign-up-to-defend-dino-melaye-for-free/

I ask myself 'what would this achieve?' or 'for what purpose would a party brief 2 or more lawyers to represent him in a case?' 'would this  change the merits of a case or guarantee a win in the Court of law?'

It's  baffling that a Client would believe that the more the legal representatives, the better  his case.

In my opinion this feels like the game of thrones. Bring all the lawyers in and let's see who would make the best of the Court room!

We are aware that a Judge is a neutral umpire. He  is vested with the responsibility of interpreting the law and expatiating on the numerous principles of law. A judge is expected to conduct trials impartially. He hears all the witnesses presented before him and any other documentary evidence presented by the parties in the case. He assesses the credibility of witnesses presented by both parties and the final written addresses of the parties. These will form the basis of the delivery of a judgment (backed by the rationale ) based on his interpretation of the law and discretion.

He is expected to conduct himself based on the facts and circumstances presented to him and not to base his judgment on facts not presented both in the pleadings and at trial.

Therefore, the number of representatives before him should not change the law and it's application.

However, it may be argued in favour of a party that each lawyer on the team has specific skills and experience which could advance the party's case.

In my opinion, where a Judge is unbiased it should have no effect on the issues and their determination. 

Maybe it would affect a Judge where the exercise of his discretion is required, and of course, the advocacy skills and manner of presenting the party's case by his lawyers.

We may never know.

In conclusion, if a party's intention is to oppress/intimidate the opposing Counsel, this may have the effects intended especially where a new wig is opposing a SAN (Senior Advocate of Nigeria). But that it would affect the merits of the case, is left for individual Judges.

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