Judicial Criticism of Counsel in Nigeria: The Case for Remedies against Professional Reputation Damage.

Abstract:

The legal profession is highly regarded in Nigeria. The premium placed on it derives from the fact that members are believed to be professionally trained and sound. To revile a counsel in the judgment of a trial court is not taken lightly because it goes to detract from counsel’s professional standing while the Judge enjoys immunity. Methodology This study adopted the doctrinal method and content analysis. It reviewed relevant statutory provisions, secondary sources on judicial precedents and journal articles on defamation. It applied them to the pronouncements of the trial Judge and the conduct of the counsel in the litigation which was founded on defamation where the professional reputation of counsel was gored by the trial Judge who held that counsel was incompetent. Finding The research critically examined the judgments of the trial High Court and Court of Appeal and found that the negative professional aspersion cast against counsel was ill-founded. It took counsel nearly a decade to reverse the decision to redeem his name from the fangs of public opprobrium yet damages were not awarded in his favour due to gap in the legal framework. Recommendation It recommended that the judiciary should fashion out declaratory relief in monetary damages against unwarranted attack on the bar by the bench and in deserving cases, the appellate Judges should refer incidences to the National Judicial Council.