CAN A SENIOR ADVOCATE OF NIGERIA APPEAR IN A MAGISTRATES' COURT?? The Legal Debate Continues...

There has been a debate in legal circles about whether a Senior Advocate of Nigeria (SAN) can appear in a Magistrates' Court. 🤔 The argument stems from a 2016 Ruling in AG of Lagos State vs. Unknown Persons where a Magistrates' Court allowed a SAN to appear before him. But here is the thing... there is a conflicting decision from the Court of Appeal in Registered Trustees of ECWA Church vs. Ijesha (1999) that says SANs cannot appear in Magistrates' Courts, considering them inferior Courts. 🚫 So, what does the law say? - ⚠️The Senior Advocate of Nigeria (Privileges and Functions) Rules, 2004 clearly state a SAN can only appear in a superior court of record. The Rules define superior courts as those not below the High Court of a State. - ⚠️The 1999 Constitution backs this up, excluding Magistrates' Courts from the definition of superior courts of record, Section 6 (5). - ⚠️By the principle of stare decisis, lower courts are bound by higher court decisions. Meaning, that Magistrates' Court Ruling shouldn't override the Court of Appeal's decision. Importantly, the 2016 Magistrates' Court Ruling was a Ruling and not a judgment, which further weakens its authority in overruling the Court of Appeal's decision. But the Magistrates' Court had reasons for its Ruling: 1️⃣Constitutional right to Counsel of choice (Section 36(5)): If an accused before Magistrates' Court chooses a SAN, why deny them? 2️⃣ Constitution supremacy: The Constitution prevails upon the SAN Rules. If there is inconsistency, the Rules (as well as its principal/enabling law- LPA) take a backseat. 3️⃣ Section 9, Magistrates' Court Law: All lawyers, regardless of rank, can appear before the Magistrates' Court. But, what do you think? Should SANs appear in Magistrates' Courts (including Area Courts/Customary Courts)?