CJN limits number of junior counsel to appear with lead counsel in court

In a move aimed at curbing crowding, the Supreme Court has pegged the number of lawyers that could appear for a party in a case before it at five, including the lead lawyer.

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen announced this yesterday, shortly before the Supreme Court opened proceedings in the two appeals filed by former governorship candidate of the People’s Democratic Pary (PDP) in Edo State, Osagie Ize-Iyamu.

Justice Onnoghen said the directive was meant to curb the practice of about 100 lawyers, in most political cases, announcing appearance for a party.

He said the practice adds nothing to court’s proceedings, but only end up congesting the court, thereby denying lawyers with legitimate business the opportunity to access court and sit comfortably.

The CJN noted that in recent time, lawyers have been compelled to stand in court, while some sit on the floor, because some senior lawyer, who came to court with over 100 junior lawyers have taken up available space.

Justice Onnoghen said: “There was a mater we had here and 106 lawyers appeared, the whole space was taken up and some lawyers had to stand and others sit on the floor. I have issued a directive, which should extend to other courts, that lawyers appearing in the Supreme Court, should not be more than five for each party, including the lead lawyers.

“This large number of lawyers don’t always consume space; it takes take time to announce appearance. Appearance in cases have to have utility value, such appearance has to serve a purpose. I have to repeat this directive today, because I believe it was not brought to the attention of the Bar.

Former President of the Nigerian Bar Association (NBA), Wole Olanipekun (SAN) who was in court for the Ize-Iyamu appeals, appealed to the CJN to allow 30 lawyers per party, a request another Justice of the court, Justice Bode Rhodes-Vivour rejected.

Olanipekun said on the utility value, he agreed that a junior lawyer appearing in court with his senior must have a role to play in court in the matter, but that in some cases there are clients, who insist on having some lawyers on the list. He added that because many senior advocates are involved in some cases, they are often accompanied by a number of lawyers.

Justice Rhodes-Vivour said the number proposed by Olanipekus was too much, because almost every election petition comes with at list five parties. He noted that “if you allow them to come with a team of 30 as you (OLanipekun) suggest, the intention of the directive by the CJN would have been defeated.

“Some of them (the young lawyers) just come to court, they do not even know what is going on. If I call one of them sitting there now, I believe he/she would not know what the business of the day is. We know what is going on,” Justice Rhodes-Vivour said. He later conceded to an increase to 10 per party.

In his final intervention, Justice Onnoghen said: “We are not saying a litigant is not entitled to a counsel of his choice. He can have a whole Bar. But, for the purpose of appearance, a choice of the few number should be made by the lead counsel. I have issued instruction out to the Bar; it should not be more than five. That is the position for now,” the CJN said.