Dictionary Definition – a room where a law court meets.

Generally Accepted ‘Actual’ definition for many Green Wigs – The room our stomachs rumble in, our palms sweat in and our feet get jelly in, all on our first day of litigation practice.

Let us revisit the scenery.

It is our first day of Court work after the glorious call to the Nigerian Bar. Before this day, Law school was either extreme fun, especially rewarding, grievously annoying, particularly disappointing or just some long period of avoidable human stress. Anyways, the situation is over and behold, we have become lawyers, called to the largest Bar in Africa, licensed to help all juristic persons get properly sued in any Court and having possession of a wig and gown itching for some court room action in the fashion of Harvey Specter from Suits or Alan Shore from Boston Legal.

So on this first day of real life after call to bar, we wake up, dust up that sleek call to bar suit – the one still reeking of all the goodwill and head inflating compliments from the day of call. We put it on and off we are to work.

It is common knowledge that not every young lawyer gets into the Ivy League law firms in Nigeria. But we trained 6 years for legal practice, so in any event, we still get to a law firm as available. For a number of these firms, the first day or even weeks at work (especially when you are an NYSC Associate) may involve taking innocuous motions, applying for adjournments, carrying files to accompany seniors and recording proceedings in various Courts. I say this because I’ve obviously had a small share of it and in some respect I agree that they are part of the learning process (I will explain my take on this in a subsequent note).

So back to where we left off – our first day of Court work. That first glorious appearance in Court stares us in the face. Whatever day of the week it is really doesn’t matter. The internal battles that precede it most times overwhelm all that. So that many times, that first appearance in Court requires the internal summoning of all the ancestors that did not send us to read this law.

Our wig and gown stand up with us to address the Court but when it’s time to talk, we discover our village people may have arrived and are standing with us too.

I remember my first appearance at the High Court of Edo State sitting in Benin. I was to appear before His Lordship Hon. Justice A. Edodo Eruaga (Now Rtd), the day was sunny but that was not my problem. I feared that my tongue would somehow not work once my Lord stared at me. Something even told me my legs might give way under me. And my stomach? The 4^th world war was already happening there. I was just frankly scared. And what caused all these exactly? In my heart of hearts I could not tell. My purpose that morning? Simply tell the Court that we could not ensure service of our processes on the Defendant and therefore we were applying for an adjournment. Anyways, to the glory of God and the shame of the devil, I returned with the next adjourned date.

The point is; for a number of new wigs, the first appearance would be fear laden. Though I agree this fear is one that could have been dealt with in advance before that day in Court. That is why moot Court sessions, debate competitions and even speaking clubs like toast masters exist. This fear is simply the fear of public speaking in a regulated environment (in this case – the Court room). And it can be duly surmounted.

Even with that fear, proceed. Do it scared. Do it and even when you make mistakes, have the boldness and courage to learn. Besides remember that all the fidgeting going on under your wig and gown are generally not visible to onlookers in the Court room. Most times these onlookers are staring and hoping. Hoping that you get it right. Join your hope with theirs.

That is why you may get a lot of guidance from seniors when you’re on your feet addressing the Court and it looks like your heading into an oncoming judicial traffic of trouble e.g. costs or a stern rebuke from the bench.

Most times, you start scared and while still on your feet, all elements of the fear dissipate. I think that is a good sign.

Furthermore, with continued practice that fear is eventually lost. For some persons that is. For others, there is still a healthy fear when prosecuting matters in Court. In either case, a key thing to note is that mastery eliminates or subdues fear.

Mastery of the substantive law and procedure.

Mastery of the facts.

Mastery of fundamental presentation skills as well.

You can garner these while in School. But it’s not too late to garner them when already in practice.

Cheers. And to the newest wigs coming on board this July (2021), Welcome to the Bar.

Warm Regards

Litigation Notes are a series of short courtroom and practice lessons gleaned from the personal practice journal that chronicles the green wig years of Frederick Nkobowo Esq. They represent his considered and respectful opinion which could change as his age at the bar inevitably progresses. It is respectfully hoped that these notes would proffer some aid to other practitioners even as the writer looks to gathering more learning. He practices in Delta State and can be reached via fredericknkobowo@gmail.com,

Dearest Colleague,

My unadulterated botanical name is Nkobowo Frederick Nkobowo; currently a Barrister and Solicitor of the Supreme Court of the Federal Republic of Nigeria. Pardon the full unveiling of my appellation or title. I was called to the Nigerian Bar a number of years ago (which is at the time of this writing is not long enough for me to apply for silk). However, my sphere of practice so far has majored on dispute resolution and as one given to occasionally spilling ink on paper, it was not unnatural that my hands would itch to write on the subject.

When I started out practice, I sought for materials that could guide my very green wig; written materials that is. After all, it was presumed that Law school and my University had taught me all the substantive and procedural law I needed to know (to at least start). But the sections and rules aside, I needed some meat and tales from practice. I love stories (not gossip unless…) and so I sought for books by great legal luminaries chronicling their headaches in court and how they overcame them. I found a few foreign books; like Alan Dershowtiz’ letters to a young lawyer (I could not buy the book but found just its preface to read) and very few others written by our own Luminaries such as; Yemi Osinbajo’s master piece on cross examination and Hints on legal practice by Anthony Ekundayo. These books were absolutely helpful and I never resist or overcome the urge to recommend them to any practitioner. I also found back then (even before reading law) initiatives like dtalkshop.com (takaii), dairy of a baby lawyer (featured in thisday lawyer) and threelegals.com; these initiatives urged my short self so strongly back then.

Now some very few years along this road of legal practice, the inspiration came to write a few notes from my own inconsistently kept personal practice journal. This has birthed ‘litigation notes’. I do not write these notes as the originator of Court room practice or as the Learned silk who rose to being a Justice of the Supreme Court. I write them as a practitioner who hopes to stir discussions on the subject and learn along the way.

So beginning with this month (July 2021), I will be publishing litigation notes. I hope to share and learn in the process.

Thank you and I do hope you enjoy this ride.

Warm Regards