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N.S.I.T.F.M.B. vs. Adeyemo

NIGERIA SOCIAL INSURANCE TRUST FUND MANAGEMENT BOARD

MRS. O. TUNJI OLAGUNJU

V

VICTOR O. ADEYEMO

COURT OF APPEAL

( LAGOS DIVISION )

GEORGE ADESOLA OGUNTADE, JCA ( Presided )

PIUS OLAYIWOLA ADEREMI, JCA ( Read the Lead Ruling )

AMIRU SANUSI, JCA

CA/L/439/2000

WEDNESDAY, 23RD JANUARY, 2002

JUSTICE - Advocate - Role of in the dispensation of justice

LEGAL PRACTITIONER - Advocate - Role of in the dispensation of justice

LEGAL PRACTITIONER - Counsel - When may be prevented from representing antagonist of his former client

LEGAL PRACTITIONER - Counsel - Cardinal duty of to preserve his client’s confidence

LEGAL PRACTITIONER - Counsel - Need for to wear only one hat in the discharge of his professional duties

LEGAL PRACTITIONER - Counsel - Need for to refrain from representing conflicting interests

Issue:

Whether respondent’s counsel, a former employee in the legal department of the appellant may appear for the respondent against the appellant in this suit.

                                    N.S.I.T.F.M.B. vs. Adeyemo                                                                1041

Facts:

By the application dated and filed on 9th November, 2001 the applicants are praying the Court of Appeal to restrain Mr. Johnson Esezoobo counsel for the respondent to desist from further representing him in this case on the ground that Mr. Esezoobo was a staff of the 1st applicant’s management board until he was suspended in 1990.

On the strength of that, he must be presumed to have been conversant with the subject-matter of the dispute between the parties.