Maiden brief: How I prepare for cases – Ogbozor

By Clement A. Oloyede  What informed your decision to study law? My passion for writing, especially in the area of essay writing and analysis informed my early choice of arts over sciences. Though I was a science student in high school I dropped sciences for arts in my final year. I weighed my options between […]

By Clement A. Oloyede 

What informed your decision to study law?

My passion for writing, especially in the area of essay writing and analysis informed my early choice of arts over sciences. Though I was a science student in high school I dropped sciences for arts in my final year. I weighed my options between Theatre Arts and Law but I eventually opted for law because I was convinced I could do the former at a later stage in life but the latter requires more of my youth for the requisite professional training. 

Can you remember the first time you presented a case in court and what made your experience unforgettable?

That should be in 2013 when I was serving as a corps member in Niger State. I went to court with a senior colleague of mine and it turned out he was neither with his wig nor his gown in court so I had to conduct the proceedings for the day which was fixed for cross-examination of a witness. Luckily I had read the file a day before the proceedings. Thereafter I developed the habit of reading case files ahead of hearing for adequate preparation. 

Any mistake you made in your early days in practice that you don’t want to repeat?

I once wrote a legal opinion wherein I made some submissions drawn from an editor’s summary in a law report. The said summary happened to have been a misconceived analysis of the referenced judgment. My principal quickly identified my mistake and reprimanded me in very strict terms. In the future I wish never to argue from a misconceived position of the law. 

What are the important things you do when preparing for a court appearance?

First, I acquaint myself with the facts of my case including the progress report as at the last adjourned date. Second, I gather all relevant statute books and judicial authorities (if necessary) to the next proceedings. Finally, I retire early to bed to be well energized for my court appearance. 

What will make you reject a brief?

As a general rule a lawyer is trained to not reject briefs. However, there are exceptions to this rule and I believe that each exceptional case is defined by its peculiar facts and circumstances; hence one may not be able to effectively answer the above open-ended question without well-defined facts. 

What has been your most challenging case and why?

It was an appeal at the Supreme Court and I had to prepare a Notice of Appeal and all other relevant processes. It was very challenging because for each ground of appeal I had to do a lot of research on whether the issues contained therein involved questions of law or facts or mixed law and facts. This is a very technical area of law which most young lawyers find very challenging. 

What area of law do you like most and why?

Criminal justice because it is a unique area of our jurisprudence governed by universal principles. 

Who are the people you look up to in the legal profession?

In the Nigerian Bar I would say Mr. Joseph Bodunrin Daudu SAN and in the Nigerian Bench I would say the Hon. Centus Nweze JSC. 

What is your reaction to the insinuation that lawyers are aiding looters to avoid justice?

I think this is a misconception and a product of ignorance of the law on the presumption of innocence of accused persons. An allegation of crime is not a criminal conviction. Hence the so-called “looters” are only persons alleged to have looted public funds. 

In our criminal jurisprudence, unless such a criminal allegation is deemed proved by a court of competent jurisdiction and affirmed by the final court exercising its appellate jurisdiction (in the case of criminal appeals) an accused cannot be tagged a “looter”.  

Suffice to say that it is not within the powers of an accuser to determine the guilt of the accused as any such attempt will be unconstitutional and an attempt to usurp the judicial powers of the courts of law. 

It therefore follows that a lawyer representing an accused person whose innocence or otherwise is yet to be finally determined by the court cannot be rightly accused of aiding a criminal and even if at the end of an appeal at the Supreme Court, the conviction of an accused person is upheld, his counsel cannot be said to have aided a crime. 

To reach such a conclusion would be tantamount to questioning the integrity of all lawyers because it is a near impossibility to see a lawyer who has won all his cases in court. 

If you are in a position to make a change in the judiciary what will that change be?

A review of the system of judicial appointment to ensure that only persons who are brave enough to protect the independence of the judiciary scale through the process. 

What will be your advice to the new CJN?

The new CJN should continue to encourage members of the judiciary to uphold and protect her independence.