A FOREIGN LAWYER CAN NOT BE GRANTED AN AUDIENCE IN NIGERIA COURTS

AN ADDENDUM:

By Barr Obno Obla⁩

This is an addendum to my response to the news that a Russian Lawyer has been contracted by former President Olusegun Obasanjo to appear before the Presidential Election Petitions Tribunal to handle Mr. Peter Obi's Petition against the President-Elect Asiwaju Bola Tinubu.
The law is that no foreign lawyer can be granted an audience before a Nigerian Court.
Therefore only a person who has been called to Nigerian Bar can have an audience before a Nigerian Court.

This is the precedent that has been established by Nigerian law for the past 60 years and it has not been set aside.

Let me give you a historical background to the Chief Awolowo v Federal Ministry Of Internal Affairs.
The appellant ( Chief Obafemi Awolowo, Premier of the defunct Western region of Nigeria) who was standing trial for treasonable felony and conspiracy engaged the service of a British lawyer, Mr. E.F.N Gratiaen to defend him.
On arrival in Lagos, Mr. E.F.N Gratiaen was denied entry into Nigeria by the Federal Ministry of internal affairs (respondent). Chief Awolowo then filed a suit before the High Court of Lagos Federal Capital Territory challenging the legality of the refusal by the Federal Minister of Internal Affairs to grant permits to the lawyer he had hired from Great Britain to enter Nigerua to defend in Court.
The court had to determine the import of section 21(5) (c) of the then constitution of the federal republic of Nigeria, 1960 which provided that “an accused person was entitled to defend himself in person or by the legal representative of his own choice”. This is also the provision of section 36(6) (c) of the 1999 constitution of Nigeria.

Awolowo contended that he was entitled to be represented by any lawyer of his choice whether Indigenous or British. Thus, the order prohibiting his lawyer, Mr. E.F.N Gratiaen was ultra vires and against his right to fear hearing. He, therefore prayed the court to give an injunction restraining the defendant from preventing the said Mr. E.F.N Gratiaen (QC) or any other British counsel who might be a counsel of the plaintiff’s choice from entering into Nigeria to defend the plaintiff in the said charge.

On the other hand, the defendants argued that the provision of section 13 of the Immigration Act which provide that “Notwithstanding anything in his ordinance contained, the governor-general may, in his absolute discretion, prohibit the entry into Nigeria of any person, not being a native of Nigeria”, gives the ministry the power to refuse a non-Nigerian entry into the country.

More so, the defendant said that in the exercise of the right in section 21(5) (c) of the 1960 constitution, the representative must be a qualified person entitled to a right of audience in Nigerian courts.
Secondly, he must be available to take up the case, and therefore must be able to enter Nigeria as of right and must be a Nigerian.

The court held that the choice in that provision was limited to Nigerian lawyers alone.
Thus, Chief Awolowo had no right to be represented by a British lawyer.

~Obno Obla⁩

Let me patiently wait here to read comments as I am not a lawyer!

OBJ is trying the unthinkable, Jagaban is no match... OBJ has people still loyal to him in the military. All those who took part in previous coup and are still alive, have nigeria by the balls...