Legal Nigeria

There was drama at Ogba Magistrate Court in Lagos on Thursday, 16th October, 2025 when a lawyer, Mr.  Nwosu, counsel for the claimant, openly disagreed with the presiding magistrate over the validity of a writ of summons.

The disagreement ensued after the court asked the counsel to confirm the date the writ was served. Mr. Nwosu told the court that the writ was served in May 2025, adding that the defendant had once appeared in court.

However, the magistrate, relying on the court’s record, pointed out that on the day the defendant appeared, it was discovered that the writ served by pasting was the wrong one, belonging to a different party in another suit.

The claimant’s counsel admitted the error but argued that the defendant’s appearance in court was sufficient. The magistrate disagreed, explaining that proper service had not been effected and that the writ had since expired, making it impossible for the matter to continue.

Rather than seek an adjournment, Mr. Nwosu reportedly insisted that the court should proceed with the case. A senior lawyer in court attempted to intervene, urging him to “take the hint of the court,” but he refused, saying, “I am not taking any hint of court.”

The situation became tense when he was heard muttering, “This court is only trying to punish the claimant.” The magistrate sought clarification and asked if he made the remark, and he repeated it twice.

The court then announced that a bench ruling would be delivered. In the ruling, the magistrate dismissed the case, citing the expiration of the writ and non-compliance with proper service requirements. The magistrate also directed the registrar to take attendance of all counsel present, stating that the conduct of Mr. Nwosu would be reported to the relevant disciplinary authorities.
One of the NBA Executives who was in court persuaded Mr. Nwosu to apologize to the court and he addressed the court saying: “If the court heard what I said, then I’m sorry.”

While two lawyers present tendered apologies on behalf of the erring counsel, a senior lawyer with over 32 years at the Bar declined to do so. He told the court that Mr. Nwosu had not only been rude to the bench but had also disrespected him when he earlier advised him to heed the court’s direction.

After reading the ruling, the magistrate briefly excused the court and went on a short recess.

The incident has since generated reactions among legal practitioners, many of whom have emphasized the need for professional restraint, respect for judicial authority, and adherence to procedural rules in court proceedings.