Court Of Appeal: “Barrister” Not Part Of Legal Name, Merely A Professional Title, Comparing It To “Dr.” For Doctors
In a recent ruling, the Court of Appeal provided significant clarification on the use of the term “Barrister” in legal contexts. In the case of Ishaku & Anor v. Kantiok & Ors (2011) LPELR-8944(CA), the court emphasized that “Barrister” is not part of an individual’s legal name but rather a professional title, similar to the prefix “Dr.” used for doctors.
The court further stressed that this distinction does not affect the legal identity of the individual or invalidate their legal standing.
The issue arose when the Appellants questioned whether the prefix “Barrister” attached to the name of the 1st Respondent, Emmanuel Bako Kantiok, could invalidate his legal standing or suggest a misnomer.
The court firmly stated that “Barrister” is not a human name but an adjectival title, akin to professional prefixes like “Dr.” for medical doctors or “Hon.” for elected officials. According to the ruling, “Barrister” is a legal title that signifies an individual has been called to the Nigerian Bar and holds the right to represent clients in any court of law. The court emphasized that this title is derived from qualifications and not from a person’s given name.
The judgment cited Oxford Advanced Learner’s Dictionary, which defines “Barrister” as a lawyer in Britain with the right to argue cases in higher courts, and further supported this with Black’s Law Dictionary, which elaborates on the role of a barrister as a counsel skilled in the law, specifically authorized to plead in the Supreme Court.
The court concluded that just as “Dr.” is not considered part of a person’s legal name but a professional title, the same applies to “Barrister.”
In essence, the court dismissed the Appellants’ argument, reinforcing that “Barrister” does not alter the fundamental legal identity of an individual and does not invalidate a petition.
The judgment stands as a reminder that professional titles are used to describe a person’s qualifications, not to confuse their legal or personal identity.
