Mistake of Counsel

In an application to appeal, this Court has held that it may not amount to sufficient reason merely to say that the counsel was ill or that there was dereliction of duty on the part of his junior or that the volume of chamber work made the counsel forget to file the appeal. See Omoregie v Emovon (1987) 6 SC 6; Benson v Nigerian Agip Oil Co. Ltd (1982) 5 SC 1. However, it is accepted as good reason where counsel commits error of judgment and fails to do what he is supposed to do.
In this respect counsel's carelessness cannot be visited on the litigant where such carelessness is pardonable. See Doherty v Doherty (1964) 1 All NLR 299; Bowaje v Adediwura (1976) 6 SC 143.

At any rate, this Court in multiplicity of decided authorities held that negligence or carelessness of counsel can still serve as acceptable explanation for delay to apply for extension of time to appeal. See the cases of Shanu v Afribank Nigeria Plc (2000) 18 WRN 1 or (2000) 13 NWLR (Pt. 684) 392 at 403; Alasbe v His Highness S. Abimbola & Ors (1978) NSCC 84 or (1978) 2 SC 139, Dokoly v Dokoly (1976) 1 All NLR 399; Bowaje vs Adediwura (1976) 6 SC 143; Akinyede vs The Appraiser (1971) 1 All NLR 162.

In an application to appeal, this Court has held that it may not amount to sufficient reason merely to say that the counsel was ill or that there was dereliction of duty on the part of his junior or that the volume of chamber work made the counsel forget to file the appeal. See Omoregie v Emovon (1987) 6 SC 6; Benson v Nigerian Agip Oil Co. Ltd (1982) 5 SC 1. However, it is accepted as good reason where counsel commits error of judgment and fails to do what he is supposed to do.
In this respect counsel's carelessness cannot be visited on the litigant where such carelessness is pardonable. See Doherty v Doherty (1964) 1 All NLR 299; Bowaje v Adediwura (1976) 6 SC 143.