Pilot Law

Elated, day I made judge reverse order


Adeola Omotunde bagged his first degree in law in 1999 at the University of Ilorin, Nigeria and he was subsequently called to the Nigerian Bar in 2001. He obtained his LL.M from the prestigious Obafemi Awolowo University in 2003. Omotunde began his legal practice with Chief Wole Olanipekun in 2001, but left the chamber after six years to establish Adeola Omotunde & Co in Ilorin, the Kwara State capital. He shares with our JUDICIARY CORRESPONDENT, KAYODE ADEOTI, an unforgettable experience in court. Excerpts:
There are many eventful and daunting moments I’ve had while practising law, but, the one that happened at the Ekiti State High Court, court 1 to be precise, was  mind blowing considering the drama that surrounded it.
On this fateful day, I appeared before my Lord, the Chief Judge of Ekiti State. There was an application I was to appeal for my client. Normally one don’t oppose application for leave to appeal and I don’t truly intentionally wanted to do so but when I looked at the application, it was so defective. In fact, I felt it ought not to have been filed.
Before the proceedings, I’ve called the counsel, who happened to be the DPP of the state, to withdraw the application and file it properly. But he believed I can’t advise him because we are both lawyers.
Then, I told ‘My Lord’ that the application before him, I will oppose it, he exclaimed saying, I can’t, stating that the man has constitutional right to appeal. I told my lord that I agree that everyone has the right to do so but right to appeal is subject to law.
My lord further got annoyed and said, ‘whether you like it or not, I’m granting this application’. I responded by saying, ‘My Lord, is paid to grant application and I’m paid to make applications. Whether I’m right or wrong, is for My Lord to decide’.
I told him that I’m just been served that he should give me an adjournment date. He declined but later obliged after been told that I needed at least 48hours to reply the application. He also said, “I will grant you the adjournment but when you come back, you have no good ground for opposing the application, I’m going to award heavy cost against you,”. He repeated his position, ‘whether you like it or not, I’m granting this application…’
When we came back on the adjournment day, My lord repeated his position. While I was making my submission, I asked the judge to read ground one and two of the application, saying he will find them incompetent.
Surprisingly, he found the grounds defective and wished he had seen them earlier. Out of annoyance, he dismissed the application. He therefore called the DPP and asked him if he was competent…
That day, I was so happy with the Judge because I made him reversed his order.

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