OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This appeal is against the ruling of the Federal High Courtdelivered on 16 March 2009 coram Archibong J.
The crux of this appeal is whether the originating process filed in this matter was signed by the appellant or his counsel in breach of section 24 of Legal Practitioners Act, 1975 - see page 247 of the record. The learned trial judge raised this issue suo motu during the cross-examination and called for address of parties on the issue on 17 February 2009.
The said originating process is at page 10 of the record. It was filed under the Failed Bank Recovery of Debts on Financial Malpractice in Banks Tribunal decree (now Act) holding at Lagos on 15 May 1997. The endorsement at the foot of the said process goes thus;
“The name of our solicitors is: Tamuno George Chambers 11A Kingsway Road
Ikoyi NDIC
Lagos OFFICE OF THE SECRETARY
TO THE BOARD LEGALADVISER .......................................
Signed
For Century Merchant Bank Limited Si…