A firm of solicitors is not competent to sign processes.
A law firm is not a registered Legal Practitioner enrolled to practice law as Barrister and Solicitor in the Supreme Court. Hence, any court process signed by a law firm is ab initio incompetent and liable to be struck out. Therefore, any proceedings or decision based on such an incompetent process is null and void.
One cannot put something on nothing and expect it to stand, which means that there is no case for adjudication. See; Solumade v. Kuti (2022) 1 NWLR (Pt. 1810) 31 @ 66-67, paras. G-D; 69-70, paras. H-C.
See also, Braithwaite v. Skye Bank Plc (2013) 5 NWLR (Pt. 1346) 1; Okarika v. Samuel (2013) 7 NWLR (Pt. 1352) 19; Minister of Works & Transport, Adamawa State v. Yakubu (2013) 6 NWLR (Pt. 1351) 481; Alawiye v. Ogunsanya (2013) 5 NWLR (Pt. 1348) 570; Hamzat v. Sanni (2015) 5 NWLR (Pt. 1453) 486; S.L.B Consortium Ltd v. NNPC (2011) 9 NWLR (Pt. 1252) 317; Okafor v. Nweke (2007) 10 NWLR (Pt. 1043) 521.
It is, indeed imperative, for a firm of solicitors not to sign any court process, and this needs to be emphasised.
LEGAL TIPS is anchored by Ms CIA Ofoegbunam, an Abuja-based lawyer who is passionate about legal practice.LEGAL TIPS offers quick hints on substantive law, as well as rules of practice and procedure, and serves as a handy reference guide to lawyers, especially in court.Published on a weekly basis, the LEGAL TIPS Series is CIA’s modest contribution to legal development in Nigeria
