- October 25, 2016
- Posted by: Stephen Azubuike
- Category: Case Law Blog
Bala v. Dikko  4 NWLR (Pt. 1343) 52 at 60 para G-H, per Mohammed, JSC:
“…It [is] unethical and quite contrary to the Rules of Professional Conduct in the Legal Profession for… counsel to have filed the motion and also at the same time pose as a vital witness in the affidavit in support of the case of his client…”
The proper thing to do is to use the litigant (or duly authorised representative) as deponent or other staff in counsel’s office such as a litigation officer seized with the facts of the case.
Having said that, an affidavit deposed to by Counsel on behalf of his client cannot ipso facto be declared invalid. By being a deponent, Counsel only makes himself prone to enter the witness box and act as witness to his client in the event where the Court seeks oral evidence in support of the affidavit. This is precisely where the impropriety of such practice is exposed.