Nine years after she was refused enrolment by the Supreme Court, the Federal High Court, Abuja Division has ordered the apex court to issue a Call to Bar Certificate to Mrs. Rachael Elohor Obodo.

The court ordered the Council of Legal Education to release her Bar certificate to her immediately and also ordered the Supreme Court to enrol her in the rolls of the apex court and back date her said enrolment to year to 2001 when she graduated from the law school.

Although Obodo was called to Bar, the Council of Legal Education (CLE) withheld her Call to Bar Certificate as well as her qualifying certificate on the ground that her re-sit examination was invalid, thus causing the Supreme Court to deny her enrolment.

Dissatisfied with the development, Obodo through her counsel Mr. Ogwu Onoja, in an originating summons approached the federal High Court and sued the Council of Legal Education as 1st defendant, Council of the Lagos State University 2nd defendant and the Chief Registrar, Supreme Court as third defendant.

Onoja asked the court for a declaration that the Bar re-sit examinations organised and conducted by the 1st defendant I n March 2001 was valied and effective and that the call to Bar of students who passed the Nigerian Bar final (re-sit) examination in March was valid, binding and effective, also for a declaration that Obodo had fulfilled all the conditions precedent for her call to Nigerian Bar on July 3rd, 2001.

Delivering his judgement which was the end product of an out-if-court settlement, Justice Kolawole said it is a notorious fact that in the legal profession, the date and year of call court in terms of seniority in the profession. He noted that it appears that the plaintiff had suffered great and irreparable hardship, adding that not even the N50 million she claimed against the 1st and 2nd defendants can erase having been denied enrolment since 3rd July, 2001 when her classmates had been admitted to the Bar as Solicitor and Advocates.

Consequently, Justice Kolawole ruled thus: "It is hereby ordered as follows: that the 2nd defendant will do a letter to the 1st defendant confirming the fact that the plaintiff was cleared in respect of her academic records with the 2nd defendant prior to the plaintiff writing the said examination referred to in paragraph 5 above. That an order is hereby made directing the 3rd defendant to enrol the plaintiff in the Rolls of the Supreme Court effective from 3rd July 2001. That an order is hereby made deeming the 3rd day of July, 2001 as the date of enrolment of the plaintiff in the Rolls of the Supreme Court."

The Judge order was based on a memorandum of settlement dated and filed on the 25/1/2010 and duly signed by the defendants' Representatives.

The trial judge, Justice Gabriel

Kolawole had on July 4th, 2009 ordered the parties in the suit to meet with a view to reaching an amicable resolution of the matter if possible.

The 1st and second defendants heed to the advice of the presiding Justice and entered into an out of court settlement.

In the terms of settlement, Onoja sought a declaration that the plaintiff had fulfilled all the conditions precedent fort her call to Nigerian Bar on July 3rd, 2001 and for an order of the court deeming as valid and effective the plaintiff's March 2011 Bar re-sit examination which was written the full knowledge and consent of the 1st defendant.

Onoja also asked for an order deeming the plaintiff's call to Bar on July 3rd, 2001 by the 1st defendant as valid and effective, also for an order declaring as unlawful the continuous seizure of the plaintiff's call to Bar certificate by the 1st defendant and an order directing the 1st defendant to immediately release to the plaintiff her call to Bar certificate and qualifying certificate having fulfilled all the requirements under the law.

Specifically Onoja, asked the court for an order declaring that the 2nd defendant failed to exercise due care when compiling the list of students who failed their courses for withdrawal from the 1st defendant by including the plaintiff's name, and a declaration that the plaintiff's enrolment in the Rolls of the Supreme Court takes effect from July 3rd, 2011 when the plaintiff wad duly called to Bar by the1st defendants.

And for the sum of N50,000,000.00 (fifty million naira) as damages against the 1st defendant for unlawful seizure of the plaintiff's qualifying certificate and certificate of call to Bar, and the sum N50,000,000.00 (fifty million naira) as damages against the 2nd defendant for negligence.

Also, he was seeking for an order directing the 3rd to enrol the plaintiff in the Rolls of the Supreme Court effective from July 3rd, 2011 and for an order deeming the July 3rd, 2001 as the date of enrolment of the plaintiff in the Rolls of the Supreme Court.

SOURCE:GUARDIAN THURSDAY FEB.25 2010