Breach of fair hearing

It is unethical for a lawyer to depose to an affidavit on behalf of his client in a case.

Bala v. Dikko [2013] 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…”


Blogger’s Note:

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.
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