Professional Ethics and Skills

Pre-Class Assignment
Topic:
Duties of Counsel to Clients
Instructions:
Every student should answer all questions.
There shall be Group and Individual Presentations.

Scenario:
Basil Otokoto is a notorious kidnapper in Nigeria who has been declared wanted by the police to
face criminal charge of terrorism and hijacking of a passenger aircraft that had 700 passengers on
board which was about leaving Murtala Mohammed Airport for Guinea-Bissau. Basil Otokoto
invited Kenneth Ajuwaya Esq; a new wig, to his hotel room in order to engage Kenneth’s
services in relation to the criminal charge against him. Excited that this was his first brief,
Kenneth quickly went to the hotel with his secretary who waited in the taxi while he went into
Basil’s hotel room to meet Basil. While at the hotel room, Basil confessed to Kenneth that he
actually committed the offence alleged. Unknown to Basil, one of the passengers on board the
aircraft hijacked by him is Kenneth’s in-law but Kenneth knew about this before going to meet
Basil. When Kenneth joined his secretary in the taxi, he confided in the secretary what Basil
confessed. Basil gave Kenneth the sum of N50,000,000 (Fifty Million Naira) to give to the Judge
that would handle the matter since he was scared that he may be convicted. Basil also sought the
permission of Kenneth and he agreed, to hide at Kenneth’s residence his Range Rover Sport
2021 model which he procured from the proceeds of the criminal activities with specific
instruction that the car must not be seen outside Kenneth’s residence.
Two days after Kenneth left the hotel room, his secretary told one Inspector Jegede; a friend of
the secretary, that he accompanied Kenneth to meet Basil at the hotel and Basil confessed that he
actually committed the crime. This information from the secretary enabled the police to track and
arrest Basil. After the arrest, Kenneth began to drive Basil’s Range Rover Sport around town. He
even changed the name on the car particulars to his name. When Basil was arraigned, Kenneth
offered to take Basil on bail in court and applied that the matter be adjourned for defence. On the
next adjourned date, Kenneth was not in court, rather he travelled to his village to show his
parents ‘his new Range Rover Sport 2021 model’.
Answer the following questions:
(a)(i) Comment on the propriety or otherwise of Kenneth accepting to act for Basil.
(a)(ii) Justify your answer in (a)(i) above with the relevant provision of the RPC.
(a)(iii) State the appropriate title of the duty in (a)(ii) above.
(a)(iv) What circumstances can justify Kenneth’s refusal to act for Basil?
(b)(i) With the aid of the relevant provision of the RPC, comment on Kenneth’s response to
Basil’s invitation.
(b)(ii) State and explain the exceptions, if any, to your response in (b)(i) above.
(c)(i) With the aid of relevant authorities, comment on Kenneth’s revelation to his secretary.
(c)(ii) State and explain the exceptions, if any, to your response in (c)(i) above.
(c)(iii) Comment on the secretary’s revelation to Inspector Jegede.
(d)(i) Has Kenneth breached any rule of the RPC by his failure to inform Basil of his relationship
with one of the victims of the alleged crime?
(d)(ii) Give reason(s) for your answer in (d)(i) above.
(d)(iii) Under what circumstances can Kenneth give evidence on behalf of Basil? Cite authorities
in support of your answer.
(e)(i) In the light of the RPC, comment on Kenneth’s acceptance of N50,000,000.
(e)(ii) Assuming Kenneth withdraws his services to Basil, what is he required to do under the
RPC.
(e)(iii) Assuming you are the new lawyer to Basil, what are you required to do under to do under
the RPC.
(f)(i) With the aid of relevant authorities, comment on the conduct of Kenneth in relation to the
Range Rover Sport.
(f)(ii) Mention circumstances in civil matters where a legal practitioner can exercise any
proprietary right over a client’s property.
(f)(iii) What obligations must a client fulfil upon the exercise of his right to change his counsel?
(g)(i) With the aid of relevant authorities, comment on Kenneth’s offer to take Basil on bail.
(g)(ii) Will your answer in (g)(i) above be different if it was Kenneth’s secretary that made the
offer? Give reason for your answer.
(g)(iii) Other than issues within Kenneth’s professional discretion, what responsibilities under
the RPC does he owe Basil in relation to matters touching on the merits or otherwise of this
case?
(h)(i) In the light of the RPC, comment on Kenneth’s application that the matter be adjourned for
defence.
(h)(ii) With the aid of the RPC, comment on Kenneth’s conduct on the next adjourned date after
Basil’s arraignment.