To start with, the issue of representation by counsel is a matter of counsel-client relationship, which this Court cannot get involved in – see the case of Chief M.K.O Abiola V. F R N (1996) LPELR-40 (SC), wherein this Court, per Belgore, JSC (as he then was) said as follows-
The best person to decide who represents him ... is the Appellant, and that is his constitutional right. Time honoured practice is for this issue of representation to be decided by counsel after consulting the Appellant, or the Appellant writing to intimate his choice of counselor It is always a privilege, the matter of counsel-client relationship, and I do not believe it is right to involve the Court in this.
What is more, where there is no averment that the authority of the counsel to conduct the case on a party's behalf has been withdrawn, it is accepted that counsel had general or apparent authority to so do – see Afegbai v. A-G., Edo State (2001) 14 NWLR (Pt. 733) 425 SC.
There is nothing to indicate to me either, where there is a soiled relationship between the counsel and his client. Be that as it may, the settled practice is that a counsel whose fees have not been settled can lawfully refuse service of a process on him, and in that case, the litigant must personally be served with the process in question before a decision is taken against him, failing which would amount to a beach of the right of fair hearing. See Bamgboye v. University of Ilorin(1999) 6 SCNJ 295; Also, if a party changes his counsel but service of a Court process is nevertheless effected on his former counsel, the consequent proceedings based on that process are null and void for breach of the fair hearing rule, the fact that no formal notice of change of counsel has been filed notwithstanding. See FBN v. T.S.A Industries Ltd (2010) ALL FWLR (Pt. 537) 633. However, if counsel is aware of a date of adjournment but takes ill before or on that date, he should either write a letter to the Court or ask another counsel in his chambers (where he has some) to attend Court, failing which he shall not be heard to complain of beach of fair hearing if a decision is taken in his absence. See Governor of Zamfara State v. Gyalange (2013) 8 NWLR (Pt 1357) 462 at 479.
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