This module covers the basic and general concepts of litigation. Let’s dive right in!

❖ What is litigation?
Litigation is a judicial contest in which two or more disputing parties contend the validity of a
claim by employing the use of evidence, legal principles and logical reasoning.

❖ Who are the persons involved in litigation?

1.) PARTIES
These are the litigants, i.e., the disputing parties in the suit.
The parties to a suit (depending on the kind of suit) are usually the Plaintiff/ Claimant/ Applicant/
Prosecution/ Petitioner (the party who commences the legal action or makes a claim) and the
Defendant/Respondent (the party against whom the action is brought or claim is made).
The designations for the parties are according to the kind of suit being brought.
The names of the persons involved in the suit and their designations as plaintiff/ claimant/
applicant/ petitioner or defendant /respondent must be clearly set out in the processes used in
the suit, usually after the heading of the court and suit number.
If this requirement is not met, the proper order the court may make in the circumstances is to
strike out the suit or grant an order for regularization as the case may be.
At the end of the suit, the court may find the defendant/respondent liable or not liable, and may
grant the reliefs sought by the party bringing the suit, or substitute them for more suitable orders.

NOTE: The same person can be both a plaintiff and defendant in the same matter; this usually
happens in the case of a counterclaim. A party may also be an applicant and respondent in the
same suit but at different times and in different motions.

TYPES OF PARTIES
There are different types of parties to a case or legal action. This is important to note because of
the issue of locus standi, i.e., the right to sue.
The concept of locus standi posits that only a person who has a viable interest in the subject
matter is competent to bring an action regarding such subject matter. A busy body who has no
interest in the subject matter cannot institute an action concerning such subject matter.

Litigation Module Page | 1

 Locus standi is only relevant in determining the correct party to commence the suit. Thus, the
person commencing the case must have a legally recognised interest in the subject matter of the
case.
There are four types of parties in litigation: (a) Necessary Parties; (b) Proper Parties; (c)
Desirable Parties; and (d) Nominal Parties. This will be discussed in detail in a later chapter.

2.) PERSONNEL OF THE COURT

These are certain persons which play specified roles in the administration of justice in Nigerian
courts. Such persons include:

a.) JUDGE
The is the person who sits on the Bench and presides over the legal proceedings in the
determination of disputes.
A judge must be qualified before he/she can validly adjudicate on a case. The qualification for
the judges of the courts is provided for in the statutes which create and regulate each court.

b.) ORDERLIES
These are the Police officers assigned to a court/judge with the duty to maintain order and
decorum during court proceedings.
The police orderlies usually stand/sit behind the judges.

c.) REGISTRARS
These are the persons who are responsible for the administrative works of the courts, such as filing
court processes and assigning case numbers to cases that are commenced in the court.
The Registrars do not perform any adjudicatory functions.

d.) CLERKS
The clerks sit directly beneath the Bench and assist the judges in preparing the cause list, calling
up cases to be heard, swearing in witnesses during the proceedings, etc.

e.) SHERIFFS and BAILIFFS

The sheriffs are mainly responsible for the execution of court orders, while the bailiffs are
responsible for service of court processes.
Service of court processes is the duty of the bailiffs. The registrars file the court processes, but
they do not serve them. After filing court processes, the registrar will give them to the bailiff to
serve on the addressees. The registrar has no business with service of processes.
Despite the foregoing, note that Counsel may choose to effect service by themselves without the
involvement of a bailiff.

Litigation Module Page | 2

 f.) LEGAL PRACTITIONERS
These are persons who having satisfied the requirements of the Council of Legal Education, have
been called to the Nigerian Bar and are qualified and certified to practice law within Nigeria.

According to section 2 of the Legal Practitioners Act Cap. 207 LFN, 1990, a person shall be
entitled to practice as a barrister or solicitor if his/her name is on the roll of legal practitioners, or
upon authorization by the Chief Justice of Nigeria.

Pursuant to section 3(1) of the Legal Practitioners Act Cap. 207 LFN 1990 (abbreviated to LPA),
“…a legal practitioner shall have the right of audience in all courts of law sitting in Nigeria”.
However, there are certain things which may impede a legal practitioner’s right to audience. Here
are some:

■ Failure to pay the Annual Bar Practising Fee. See section 3(2) of the LPA.

■ Failure to fulfil the requirements of the Mandatory Continuing Professional Development

necessary to procure the Annual Practising Certificate. See Rules 11(1) and 12(3)(a) of the Rules

of Professional Conduct 2007 (abbreviated to RPC).

■ Improper dressing.

This will then bring us to consider the question, “What should a lawyer wear to court?”

❖ Courtroom Apparel
Lawyers while appearing in inferior courts of record are expected to put on the following:

Male lawyers

✓ A dark suit (preferably black) with white formal button shirt and a formal long neck tie.

✓ Black formal shoes and sombre coloured socks (preferably black).

Female lawyers

✓ White formal button shirt or blouse and a skirt suit, or a corporate black gown covering the knees.

✓ Black shoes (preferably cover shoes with flat or moderate heels).

Litigation Module Page | 3

 Lawyers while appearing in superior courts of record are expected to put on the following:

Male lawyers

✓ White formal button shirt with a winged-tip collar, or a white formal collarless button shirt with

an attachable plastic wing collar using two studs to hold it in place (one at the back and one at

the front).

✓ Dark-coloured trousers (preferably black) or black trousers with grey stripes, and black or dark-

coloured barristers’ jacket to be worn on top of the white shirt, or, a dark suit (preferably black).

✓ A white bib/band that usually goes around the collar and has two separate parts hanging down
from the front of the collar.

✓ Black formal shoes and sombre coloured socks (preferably black).

Female lawyers
✓ White blouse or formal button shirt.

✓ Black or dark-coloured skirt covering the knees and a dark-coloured barristers’ jacket to be worn

on top of the blouse or shirt, or a skirt suit, or, black gown covering the knees.

✓ White collarette.

✓ Black shoes (preferably cover shoes, and flat or moderate heels).

In addition to the above, both male and female lawyers shall wear Lawyers’ wig and Barristers’
gown.
Lawyers' wigs are usually short end wigs which cover the top of the head, partly the sides, and
back of the head.
Lawyers' wigs are usually grey in colour or a mixture of grey and gold.
The black robe or gown worn by lawyers usually has a triangular cloth attached to the left
shoulder. Lawyers’ robes are usually made of cotton or mixed fibre. Where a lawyer has attained
the rank of Senior Advocate of Nigeria (SAN), he/she is then permitted to put on a silk robe
hence the term, “Learned silk”.

Concerning accessories, lawyers are to:

Wear moderate jewellery;

Use black or dark-coloured bags; and

Avoid heavy makeup.

Litigation Module Page | 4

❖ Where does litigation take place?
The major venue for litigation is the court or tribunals as the case may be.
Courts in Nigeria are divided into courts of inferior record and courts of superior record.
The hierarchy of Nigerian courts and the number of judges per sitting is as follows:

SUPREME COURT
(Five Justices)
(Seven Justices in Constitutional matters, fundamental human rights matters, or cases concerning its original
jurisdiction)

COURT OF APPEAL
(3 Justices)
(5 Justices in Constitutional matters, fundamental human rights matters, or cases bothering on its original jurisdiction)

STATE HIGH FEDERAL HIGH HIGH COURT OF NATIONAL

COURTS COURT FCT INDUSTRIAL COURT
(At least one (1) Judge) (At least one (1) Judge) (At least one (1) Judge) (At least one (1) Judge)

SHARIA COURT OF APPEAL CUSTOMARY COURT OF APPEAL

(Three (3) Judges) (Three (3) Judges)

MAGISTRATES’ COURT
(One (1) Magistrate)

AREA COURTS CUSTOMARY COURTS

(One (1) Judge with or without assessors) (One (1) Judge with or without assessors)

❖ We will now discuss Courtroom Setting – The physical structure of a courtroom

In Nigeria, the physical setting of each court is basically the same. The following are usually part
of the physical setting of a courtroom:

1.) BENCH
This is where the presiding judge(s) or magistrate(s) sits to hear the case before the court.

2.) CLERK’S DESK

This is where the court clerks sit in order assist the judge or magistrate during the hearing of cases
brought before the court.

3.) BAR
This is the place in the courtroom where lawyers who are in court for litigation sit.
Lawyers at the Bar must be properly dressed, and where necessary, they must be putting on the
lawyers' wig and gown.

Litigation Module Page | 5

The Bar is divided into the Inner Bar reserved for lawyers bestowed with the honourary title of
distinguished Senior Advocate of Nigeria, while the Outer Bar is for other lawyers.
Some courtrooms have a separate Bar used as the Inner Bar, but in courtrooms where there is no
separate Inner Bar, the first row of seats in the Bar then becomes the Inner Bar and is reserved
for those meant to sit in the Inner Bar.

4.) DOCK
This is where an accused person stays during his/her trial.
It is usually placed towards the middle of the court and usually at the left-hand side of the judge.
NOTE that an accused person cannot give evidence from the dock. He can only make a statement
of which he cannot be cross-examined as such statement is not considered as evidence. When an
accused person wants to give evidence, he/she will have to move to the witness box.

5.) WITNESS BOX

This is where witnesses stay to give evidence after they have sworn an oath or affirmed in some
other manner to tell the truth in the instant case.
NOTE that the witness may decide not to swear an oath and still give evidence – see section 207
and 208, Evidence Act, 2011.
The witness box stays at the front of the court and at the right hand of the judge. It is the duty
of the judge in a matter to observe and assess the demeanour of the witness alongside recording
the oral testimony and documentary evidence of that witness.

6.) GALLERY
This is where other lawyers not representing any clients sit. These lawyers do not need to put on
the lawyers’ wig and gown since they are not appearing as Counsel before the court at that time.
The litigants, witnesses, and other spectators also sit in the gallery to observe the proceedings.
In some courts, there is usually a demarcation or space between the Bar and the Gallery to make
the difference clear. However, due to lack of space, some courts may just designate the first four
or five rows of seats as the Bar and take the rest as the gallery.

❖ Now let's consider Court Sittings – When do courts have their sessions?
In Nigeria, courts usually sit to hear matters on juridical days. Juridical days usually include
Mondays to Fridays, however, depending on the practice and procedure of the particular court,
the court may sit on a Saturday.
Most courts start sitting from 9:00 AM till 4:00 PM when the court recesses for the day.
Courts do not usually sit on non-juridical days. These days include Sundays and public holidays.
However, the court may sit on such non-juridical days if the concerned parties consent to it. See
the case of Ososanmi v. C.O.P (1952) 14 WACA.

Litigation Module Page | 6

❖ Courtroom Etiquette – How Lawyers should behave in court

■ Early Arrival
Most courts start sitting by 9:00 AM. Lawyers who have cases scheduled for that day are expected
to be in court properly dressed and fully robed (where necessary) before the court starts sitting
for the day.

■ Signing of the Cause List

In courts, the court clerk usually prepares a list containing all the cases to be attended to for that
day. This list is known as the Cause List.
Lawyers who have cases to be heard in court are to arrive early at the court on the scheduled
date and sign the cause list by appending their signatures in the column in front of which their
case is listed.
Example for a lawyer interested in case No. 6: 6.) | HCL/01/345 - Agnes v. Cordelia | “Signature”.

■ Greetings/Salutations
At the appropriate time (usually 9:00 AM), the presiding judge will proceed from the Judge's
Chambers and enter into the Bench to begin the session for the day. This is usually after the court
clerk must have pre-announced the judge’s entrance to the persons present in court usually by
saying in a loud voice, “Court!”. or “All rise!”.
All the persons in the court are to stand to their feet while the presiding judge walks in. The judge
will then bow to the Court (which is usually reciprocated), and then take his/her seat to begin the
session for the day.

■ Indication of interest in matters on the Cause List

After the presiding judge has taken his/her seat, he/she will then invite the lawyers present to
indicate the cases they are interested in (i.e., the case they are in court for) by stating its number
on the cause list. For example: The Counsel may say “My lord, most respectfully, I am interested
in number six (6) on the Cause list”.
Indication of interest is usually done in order of seniority at the bar, meaning that lawyers who
were called to the bar earlier are to indicate their interests before those who were called later.
However, the judge may decide to take the cases serially as arranged on the Cause list.

■ Call up of cases
After indication of interests, the judge will then ask the clerk to call up the matter indicated.
At this stage what is usually done is the identification of parties in the suit or their representatives
to determine whether they are present in court.

Litigation Module Page | 7

 ■ Counsel Appearances
After the case has been called up and the parties identified, legal practitioners for each party
will be asked to enter appearances as the Counsel representing the parties.
Usually, the party bringing the action to court will be the first to enter appearance, but not always.

While entering appearance, (and even throughout the proceedings) the right title must be used
to address the judge.
NOTE that judges in the Customary Court and Magistrates’ Courts are referred to as “Your
worship”, while a judge of any court of superior record is referred to as “My lord” or "Your lordship”.
When entering appearances, it is advisable that Counsel should make use of the initials of their
first and middle name, but call the surname in full. This in order to make it easier for the judge
to record the names. There is however nothing wrong with stating your full name, especially if it's
not too long.

While entering appearance, if there is more than one Counsel, the lead Counsel is expected to
introduce other Counsel who are to stand to their feet and bow during such introduction.

Here are some samples of Counsel entering appearances:

▪️ “May it please the court. My lord, appearing for the plaintiff in this suit is C. E. Onumajuru, Esq.”

▪️ “With deep reverence and utmost humility, appearing before this honourable court is Chukwubuikem E.
Onumajuru, Esq. My lord, appearing with me is Oge I. Nma, Esq. We appear for the first defendant. May
it please your lordship.”

▪️ “Good morning my lord. I am C. E. Onumajuru, Esq., and appearing with me is my lovely wife, Mrs
Godknowswho Onumajuru, Esq., and my beloved son Godknowswho C. Onumajuru Esq.
We are appearing for the petitioner in the matter before this court. May it please the court.”

❖ Additional Tips
• Counsel are to rise to their feet when addressing or being addressed by the court.
• Whilespeaking, if the Counsel on the other side interrupts you, resume your seat while he/she is
speaking.
• Tryas much as you can to avoid interrupting the opposing Counsel while he/she is speaking. If
you must interrupt, do so as gently as courteously as possible.
• Treat opposing Counsel with respect, and avoid unnecessary taunts and name-calling. You may
refer to the Counsel on the other side as “my learned friend”.

Litigation Module Page | 8

 CHUKWUBUIKEM ENYINNAYA
ONUMAJURU
SAL, NAU (Legal Activist of the Year, 2021)
Chukwubuikem E. Onumajuru is a Law Undergraduate (Finalist)
in Nnamdi Azikiwe University, Awka, Anambra state, and an
Associate in the law firm of El-Briny Chambers.
As a result of his practical knowledge of legal practice, vibrant
advocacy, and depth of legal research, he was bestowed the
sought-after honour of distinguished Senior Advocate of the
Law Students Association, Faculty of Law, Nnamdi Azikiwe
University Awka, and awarded the Chief Judge’s Prize for
“Legal Activist of the Year”.

He served as the Litigation Officer of Vibrant Chambers, NAU,

a student-managed chamber in Nnamdi Azikiwe University,
and eventually rose to become the Lord Chancellor of Vibrant
Chambers during which time his stellar leadership earned him
the award of “Lord Chancellor of the Year” and propelled
Vibrant Chambers to clinch the “Chambers of the Year” award.

Chukwubuikem is the founder of the Light Initiative Organisation, a non-profit organisation with
the aim of adding all-round value to persons and the community at large in life’s major aspects
– Intellectually; Physically; Spiritually; and Socially.
You can connect with Chukwubuikem via any of his social platforms where he loves to share
insights on legal, socio-cultural and political issues.

chukwubuikemonumajuru@gmail.com Chukwubuikem E. Onumajuru +234 813 229 8286

© Chukwubuikem E. Onumajuru, 2022

The right of Chukwubuikem E. Onumajuru to be identified as the author of this book has been
asserted by him in accordance with the Copyright Act, 2004.
All rights reserved; this e-publication is protected by copyright and so no part of this publication
may be copied, reproduced, transferred, distributed or licensed in any form or by any means
including printing, photocopying, recording or otherwise without the prior written permission of
the publishers or a licence permitting copying issued by the author who is the copyright owner or
the Copyright Licensing Agency.
Warning: Unauthorised acts in relation to this copyrighted work may amount to an infringement
which will give rise to both criminal prosecution and a civil claim for damages against the liable
party.

Litigation Module Page | 9

Litigation Module Page | 10