Good morning Sir, I said to the tall neatly composed gentleman of the bar who was seating on the right aisle seat of the fifth row in the court room I had just walked into at the Federal High Court. Good morning Counsel, he replied. Please is the seat next to you reserved for any counsel, I asked? Not at all, he said as he stood and made way for me to go in and have a seat. I placed my file on the desk and quietly started saying my prayers in my mind. This was my second official solo appearance after my first court appearance three months ago. I had made many other appearances after that, but they were all with my oga. I could still hear his words the previous day around 3.30 pm when he walked to my desk in his law office barefooted and dumped the file now seating right in front of me in the courtroom for me. You will be doing this alone tomorrow Anabel, he said. This should be easy because you prepared it for me. Are you aware you are the luckiest new wig in this jurisdiction? He said to me in a low voice. I couldn’t help ceasing my breath when he came really close because of the stench of cigarette that always comes off his breath.
As I quietly said my prayers, I observed that I was feeling completely different in this particular courtroom appearance unlike my first solo court appearance. Everything was calm this time. I had no anxieties or panics. I wasn’t excited either. I was just quiet while looking forward to what the day will bring my way. I opened up the file I came with and started studying it again. You are the new wig that works with Odukwe right? Said the tall counsel seating beside me. Yes, I said while trying to recall if I had ever met him before or know him from anywhere. I was in “court 2” when he announced appearance with you three weeks ago. And it’s our job to know everybody you know? Really? I said in my head. I am Donald Esq. by the way. Anabel, I said quietly. Nice meeting you. I can guess this is one of your first solo appearances right? Is it that obvious? I said to him. Not at all, I just guessed right he said and laughed. I felt a little bulge in my chest, but mustered courage and knocked it off. As he was about to proceed with more questions, there came the clarion call… “COURT”! We all rose and bowed our heads while the judge took his seat. The normal routine of calling cases numerically and giving the floor to older lawyers went down fast on that day. Luckily, my case was called by 11:30 am.
I stood up gently and adjusted my legal wig that wouldn’t stay still because of the bulge from the hair band holding the knotless braids I had beneath my wig. May it please this Honourable Court, Amalachukwu J Anebelundu Esq. , I humbly appear for the Claimant. Okay, said the judge. My Lord, we have a motion exparte before this Honourable Court. I said. Okay counsel, you can move your motion. My Lord, our motion is brought pursuant to Order 26 Rule 6(1) & 7 and Order 6 Rule 5 (d) ii of the Federal High Court Civil Procedure Rules and under the inherent jurisdiction of this Honourable Court, My Lord we seek to move in terms. You seek to move in terms? asked the Judge. Yes my Lord, I replied. He adjusted his glasses and stared at me without blinking for about 5 minutes plus. There were silent murmurings among other counsels. I could feel my spirit leaving my body. What did I do wrong? I rehearsed this thing nah, I prayed, I was prepared. What was wrong? I have watched my oga do this severally. Why was mine different now?
Donald slipped me a paper where he wrote “move it in full”. I was more confused than before. I placed his paper underneath my file and mustered courage and told the judge. Forgive me my Lord, please I am new at the bar and very open and willing to take any correction you wish to give me. Some counsels started laughing. The judge adjusted his glasses and let out a silent chuckle too. He said “I knew you were relatively new counsel, which was why I was surprised as to why you were moving in terms”. I will love you to move it in full, he said. At this point, I became very weak. I was worried on what to say next as everything was getting more complicated. I said a silent prayer and was hoping the ground would just swallow me when Donald passed me another paper as the judge was still addressing me on why I needed to move in full. I was not totally grasping what the judge was saying, till I gently bent my head and took a quick look at the new paper that came from Donald. This time, it made sense. I quickly remembered moot trials and I kicked off in full I suppose without the word “terms” again.
My Lord, we have before this court a motion exparte dated …. And filed on the same day, this motion is brought pursuant to Order 26 Rule 6(1) & 7 and Order 6 Rule 5 (d) ii of the Federal High Court Civil Procedure Rules and under the inherent jurisdiction of this Honourable Court. My Lord we are praying this Honourable Court for an order of substituted service to allow the Claimant to serve the originating processes to the Respondents by substituted means and for such further orders as this Honourable court may deem fit in the circumstances. Our motion is supported with a 10 paragraphs Affidavit deposed to by the Claimant, with exhibit 1 to exhibit 3 annexed thereto. We rely on all the paragraphs of the said Affidavit. In compliance with the rules of this Honourable Court, we also filed a written address, we adopt same as our argument in this application and we pray this Honourable Court to grant our prayers.
I took my seat immediately while I watched a few counsels especially the seniors in front turn to give me a thumbs up. That was quite encouraging. We waited the next 15 minutes for the judge to jot down some things in his paper which was obviously his ruling to my motion. He cleared his throat and started to read what he had written down. He wrapped it up with “order as prayed has been granted” and everyone echoed “as the court pleases”. Then in addition he said Counsel I must add that, that was a very brilliant and excellent adjustment. Thank you so much my Lord I said feeling proud and grateful to the tall counsel beside me who of course became a very wonderful friend and colleague afterwards. And that was it. My first moving of motion experience was quite an experience that I will never forget. I was so lucky to have appeared before a very humane and empathetic judge.
You move motions in terms mostly in non contentious matters Anabel said my oga after laughing over my narration of what went down in court at the office the following day to him. With time you will learn more, he said while he puffed and moved his shoulders in oga style. Moving in terms is usually reserved for very senior lawyers who the court can vouch their integrity to a large extent who also have a lot to lose if things go wrong my daughter, my oga went on. That is not to say that the court discriminates against younger lawyers my dear, a court mostly allows that for older lawyers alone because of its nature. You know that once a court grants a motion, it stands right? I nodded in affirmation. Some kangaroo lawyers sometimes move a different thing from what is in the court file and try to force the hand of the court to join itself to what they don’t know, he went on.
You know when you want to move in terms, you simply say; “My Lord we have before this Court a Motion Exparte dated …… and filed on the same day. I humbly apply to move same in terms of the motion paper, I am most obliged”. It is too straightforward Anabel for a court to risk granting such for someone nobody knows yet in his jurisdiction. I guess you saw me do it a few times that was why you used the method he said. I laughed. You learn everyday in this profession Anabel he said and laughed. I thanked him and buried my head back into my research papers. I couldn’t help but reminisce on how I had my first subtle litigation embarrassment the day I was more composed and didn’t have any embarrassment on the day I was afraid and filled with anxieties… lol. Litigation in law will surely shake you and humble you at least once in your legal career as a lawyer. So when next you see a litigation lawyer adjusting his legal gown with pride and being a bit arrogant, allow him have his day my darling because he sure has been through some shit and earned the right to brag and puff… lol.