SEASON 1, EPISODE 10: THAT’S JUST THE WAY IT IS.
The court will adjourn for recess till 11:30am, Honourable Justice Lawal-Akapo announced.
Court! The registrar pitched. Everyone stood up and the lawyers at the bar took their respective bow.
Veronica made her way outside the court, Tolani followed as they walked towards the far end of the lobby where Mosun was standing as if she planned it.
Tolani!
Quite a surprise! How come we’ve never crossed path till now! Tolani exclaimed.
Meet my colleague, EAA Mosun said
Eno, pleased to meet you!
I’m Tolani, meet my supervisor VU
Veronica, pleased to meet you too.
Congratulations new wigs, Eno enthused
New wigs? Tolani exclaimed!
Yes bar finals results have been published! Screening date is September 23 to 30 and the call date is on October 10 Mosun said.
Oh my! When?
This morning, I’ve checked mine. It was a coincidence, I’ve been really eager. I check almost every now and then.
Tolani felt a little nervous as she punched geo6loya.com.ng
Alright hope to hear good news Eno said as she bade them goodbye, leaving off with Mosun.
Tolani punched her exam number, surname and hit the submit button.
It felt like one hour until she saw her grade.
Second Class Upper! She screamed
Congratulations baby lawyer, Veronica enthused
Oh I have to call my friend. She dialed Dozie’s number but he didn’t pick at the second dial.
Anyway, what did you notice watching the court proceedings today, Veronica asked
Well the first ruling was on consolidation of suits. I think lawyers should thoroughly think through any case during the case management phase before commencing any action in court instead of filing multiple actions on the same subject matter with the same reliefs against two different defendants who should have been sued in a single suit.
Also it’s important to file an affidavit of service once court processes or written communications are exchanged with the adversarial lawyer as observed during one of the mention suits.
Resource management and proper documentation Veronica added. Good one!
What do you think about the motion seeking the leave of the court to revoke the arbitration clause in the Landscape motion that will be heard.
I honestly don’t know. We only treated Arbitration on the surface under the topic alternative dispute resolution in law school. I’m literally tagging along with your argument Tolani said.
It’s more like a test case for the firm because it’s almost a year we appointed an arbitrator on behalf of Landscape Limited. Acrossal Engineering Limited is yet to appoint their arbitrator and it’s clogging the process. Their lawyers are obviously transferring litigation tactics of buying time or frustrating the arbitration proceedings.
If the court grants the leave to revoke the arbitration clause, that means that the court is technically amending the agreement made between Acrossal and Landscape. Tolani added.
There will always be loopholes, it doesn’t make a law bad. Anyway maybe if weighed against international best practices it may be tagged as a controversial provision, section 2 of the ACA should be reviewed. It’s a long time coming, since 1988! Most International Arbitration Laws at least the UNICITRAL Model Law and the ICC Rules provide that by consent, parties can revoke an arbitration clause but does not go further to add that either party can apply for leave to the judge or court to revoke the arbitration agreement. Veronica said.
I think it’s conflict of laws playing out. Tolani added
Nigeria is a signatory to the New York Convention, it’s not a matter of conflicting laws. It’s about adhering to Treaty Obligations. Did you study International Law in the University?
No. So it’s a matter of policy.
Oh policy? Veronica smirked
It’s almost 11:30am she added.
Congratulations once again Tolani. Your bar finals result calls for celebration.
Just then Aisha called. I heard bar finals result is out!
Tolani literally blushed as she announced the good news!
That’s my Senior Advocate of Nigeria in the making Aisha enthused!
Look at how you’re blowing hot and cold all over the place!
Lol! Anyway, we are going to wash it, I’m imposing that we celebrate at the next Taruwa meeting on Tuesday!
Brb babe! Call you soon!
Look at how you’re behaving like my unreliable boyfriend, you never call when you say BRB, it’s a way of saying sheeew away! I gerrit, I gerrit!
Lol! Tolani chuckled
She picks her dad’s incoming call
T-girl your result is out! I just checked it!
I just did too!
Thanks to you and mum for all the sacrifices! It felt like we were writing the exam together!
I promised you a Peugeot Matrix didn’t I?
Oh daddy you’re my one and only Papa Bear in the whole wide world!
I can’t wait to share the news with your Mom and Tiwalade!
Tolani’s instagram App began beeping as well.
Talk to you soon!
Stop saying that, you never call back her dad retorted.
Her morning post was agog with comments. Even Jaiye dropped a congratulatory message to all new wigs. Then it occurred to her that she didn’t even ask for Mosun’s grade. She became even more nervous when she thought about Dozie.
He’s not aware the results have been published she shrugged. He’ll be fine.
She made her way into the court room, and began observing the embattled lawyers arguing their motions.
I wonder why it’s called a motion. What’s moving? Application seems more like it! She thought to herself.
Then came the most awaited case! Suit Number ADR/200/2017, Landscape Limited and Acrossal Engineering Limited.
Parties absent my lord the registrar said.
Veronica announced her appearance, the legal representative for the respondent was absent.
Uche, your application is an interesting one. I have also seen the respondent’s response. I will not waste my time, I have to act within my equitable jurisdiction. I’m not granting the prayers in this application. If you signed an agreement with an arbitration clause, then I cannot interfere in the private agreement between parties to submit dispute to arbitration. The Judge started writing his ruling.
My lord, I would like to add that Landscape appointed an arbitrator over 8 months ago!
Then go to the Chartered Institute of Arbitration (Uk) Nigeria Branch he said with a tone of finality.