Wednesday, 28 December 2016

Evidence of payment for NBA Stamp and Seal isnt Tenable to File a Process or sign any legal Document

HON. SEGUN ADEWALE & ANOR v. HON. SOLOMON OLAMILEKAN ADEOLA & ORS (2015) LEGAL PRACTITIONER - STAMP/SEAL: Whether the issuance of the NBA approved seal/stamp qualifies as a process being signed or filed "The established fact that learned counsel for the appellant has applied for the issuance of the NBA approved seal or stamp to him, cannot qualify the process signed and filed by him in this appeal to be deemed as properly signed or filed. The provisions of Rule 10 (1) of the Rules of Professional Conduct are very clear and unambiguous. What it requires is that the seal or stamp be affixed on the process or document before it can be deemed as properly signed or filed. The submission of learned counsel for the appellant that he has applied for and is yet to be issued his seal or stamp suggests that he is explaining why the notice of appeal and the other processes signed by him do not bear his seal or stamp. Such a submission is not tenable in view of the clear requirement of Rule 10(1) of the Rules of Professional Conduct. The requirement of the Rule is not that the legal practitioner should have the seal or stamp before documents signed by him can be valid. If that was the requirement of the said Rule, then the explanation that he has applied for the issuance of the stamp or seal to him would have been tenable. The requirement is that the court process or other legal document must bear the seal or stamp of the legal practitioner that signed it. So the fact that a legal practitioner possesses the seal or stamp but failed to affix it on the court process or document signed by him would not satisfy the requirement of Rule 10(1) and the process or legal document cannot be deemed to be properly signed or filed." Per AGIM, J.C.A. (Pp. 19-20, Paras. A-B)

2 comments:

  1. If equity sees as done that which ought to be done, then this is a bad law. A lawyer that has been verified who applied and pays for stamp n seal but due to the ineptitude of NBA was not issued without one could not have been deemed incompetent to sign a court processes.

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