Judgment
CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The appellants, herein, commenced an action by way of Originating Summons at the Federal High Court, Abuja Judicial Division (hereinafter, simply, referred to as “the Trial Court”). They sought both declaratory and injunctive reliefs against the respondents with respect to the propriety on their advertisement on April 22nd, 2004 issue of THISDAY Newspaper.
The said advertisement was titled a “Request for expression of Interest.” It invited Legal Practitioners, amongst other professionals, with expertise in petroleum logistics in the Oil and Gas industry, to offer legal services to the respondents on the condition that lawyers subordinated themselves to non-lawyers, shared legal fees with non-lawyers and engaged in partnership relationships with non-lawyers.
The appellants, therefore, sought the following reliefs: 1.
A declaration that having regard to Rule 50 of the Rules of Professional Conduct binding on and applicable to legal practitioners in Nigeria which bars partnerships between lawyers and members of other professions or non-professional persons where any part of the partnership’s employment consists of the practice of law, it was improper for the defendants to invite ‘expressions of interest’ from Legal Practitioners in relation to the privatization of the Pipeline and Products Marketing Company on the condition that legal Practitioners participate in a partnership/consortium led by an investment bank; 2.
A declaration, that having regard to Rule 45 of the Rules of Professional Conduct binding on and applicable to legal practitioners in Nigeria which bars legal practitioners from sharing legal fees with non-lawyers, it was improper for the defendants to invite ‘expressions of interest’ from legal practitioners in relation to the privatization of the Pipeline and Products Marketing Company on the condition that legal practitioners participate in partnership/consortium led by an investment bank; 3.
A declaration that having regard to Rule 48 of the Rules of Professional Conduct binding on and applicable to legal practitioners in Nigeria which provides that a lawyer’s relation to his client should be personal and that the responsibility should be direct to the client, it was improper for the defendant to invite ‘expressions of interest’ from legal practitioners in relation to the privatization of the Pipeline and Products Marketing Company on the condition that legal practitioners participate in a Partnership/consortium led by an investment bank; 4.
