IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE AKURE JUDICIAL DIVISION

HOLDEN AT AKURE

BEFORE HIS LORDSHIP HONOURABLE JUSTICE K.D. DAMULAK

DATED THIS 19^TH  DAY OF FEBRUARY, 2026

SUIT NO: NICN/BEN/06/2018

BETWEEN:

MRS PATIENCE EDAIRE              …………………... CLAIMANT/RESPONDENT

AND

1. ARCHITECT OLUSEGUN OLUKO

RECTOR, THE FEDERAL POLITECHNICILARO, OGUN STATE

2. THE RECTOR,

THE FEDERAL POLITECHNICILARO, OGUN STATE

3. THE GOVERNING COUNCIL.   ..................................... DEFENDANTS/APPLICANTS

THE FEDERAL POLITECHNICILARO, OGUN STATE

4. THE FEDERAL POLITECHNICILARO, OGUN STATE

REPRESENTATION

T.A. Efaye  Esq. for the Claimant/Respondent

 A. Fadairo (SAN) with I. K. Olajide Esq. for the Defendants/applicants

                                                RULING

1.     The defendants filed a motion on notice on 2/10/2025 objecting to the appearance of counsel, T.A. Efaye in this case and all processes filed by the said counsel. The motion prays for an order striking out all complainant’s (claimant’s) processes for being grossly incompetent and an order directing the Ondo State command of the police or any other relevant authority to invite, arrest, investigate and prosecute Mr. T.A. Efaye for being an impostor carrying on and or practicing law when he is not a legal practitioner.

 

2.     The motion is supported by six grounds as follows;

a.      The Nigerian Bar Association (hereinafter called NBA) has never issued any NBA stamp and seal to any one known as T.A Efaye.

b.     The purported stamp and seal receipt being used by Mr. T.A. Efaye  does not emanate from the NBA.

c.      The purported stamp and seal receipt attached to all the processes signed by T.A. Efaye is nothing but a Bank receipt and not the NBA portal generated receipt.

d.     There is no one registered to practice law in Nigeria known as T.A. Efaye.

e.      T.A. Efaye is not in the NBA Data base and portal and thus he is not called to the Nigerian Bar and not registered in the Supreme Court of Nigeria to practice law in Nigeria.

f.       Both the appearance of Mr. T.A. Efaye and the processes he signed in this case are incompetent by reason of the above.

3.     The motion is supported by a 15 paragraph affidavit deposed to by Idris Kolawole Olajide.

4.     Olajide deposed that T.A Efaye filed a motion on notice on 6/3/2025 on behalf of the claimant.

5.     That he had to conduct a search on the NBA “find a lawyer” portal severally for THEOPHILUS EFAYE, EFAYE THEOPHILUS,THEOPHILUS AKPORIAYERE EFAYE, EFAYE THEOPHLUS AKPOIAYERE, T.A EFAYE and AKPORIAYERE THEOPHILUS on the portal but the search result was always “no result found.(exhibit FAD 1)

6.     He also went further to compare the purported bar practicing fee and Stamp and Seal receipt used by Mr. T.A. Efaye with his own and found that the ones used by Mr. T.A. Efaye are not receipts issued by the NBA authority or generated from the NBA portal. His own NBA issued and NBA portal generated receipts were attached as exhibit FAD 2.

7.     The deponent then reproduced all the grounds of the application in the affidavit.

8.     In the written address, learned Adetunji Fadayiro (SAN) submitted that for every legal process to have the force of law, it must be properly stamped and sealed with the NBA issued stamp and seal. Rule 10(1) and (3) Rules of professional conduct for legal practitioners. But the purported receipts attached by T.A. Efaye are not the ones authorized or approved by the NBA.

9.     That the search results show that no lawyer pursuant to Rule 77 of the Rule of professional conduct for legal practitioners 2023 and Legal Practitioners Act, 2023 licensed to practice as a lawyer in Nigeria known as ‘T.A. Efaye’ or “Theophilus Akporiayere Efaye” The implication is that whatever legal process is signed by T.A Efaye will be deemed to be not properly filed and served. see OKAFOR V NWEKE (2007)3S.C (PT.II) 55; S.P.D.C. NID LTD VS SA,ROYAL HOTEL NIG. LTD (2016)2-3 S.C(PTIII)1

10. That even where a licensed lawyer registered to practice law in Nigeria signs a legal document in a name other the one registered to practice law in Nigeria, such a document or process will be declared null and void.

11. That the proper order is to strike out the processes filed by Mr. T.A Efaye.

12. Counsel submitted that section 22 of the legal practitioners Act criminalizes the acts of T.A. Efaye and this court has unfettered powers to punish such criminal acts and he urged the court to so hold

 

COUNTER AFFIDAVIT OF T.A. EFAYE.  .

13. In a 10 paragraph counter affidavit, T.A. Efaye deposed that he graduated from Bendel State University Ekpoma in 1988.proceeded to the Nigerian Law school in 1988-1989 and was called to the Nigerian Bar on 10/6/1990. The call to bar certificate, Council of legal education certificate and NYSC Certificates were attaché as exhibits A, B and C.

14. That he changed his name from ONAKPOYOVWERE ISAAC AVWERUTAYE to THEOPHILUS AKPORIAYERE EFAYE in 2006. Exhibit D.

15. That he submitted an application for change of his name to the chief Registrar of the Supreme Court of Nigeria in 2006.

16. That the NBA “find a lawyer” portal has his former name ONAKPOYOVWERE ISAAC AVWERUTAYE with his Supreme Court number SCNC13981. (Exhibit E).

17. In a more worrisome written address, T.A. Efaye simply commended to the court the case of CBN V EZE &OR (2021) LPELR-5554(CA) and quoted one and half pages from the decision of Abubakar JCA on affixing expired stamp and seal to a court process found at pages 15-18 as his entire written address and urged the court to dismiss the application.  Counsel did not as much as link the case to the one at hand (though there is actually no link or nexus)

 

FURTHER AFFIDAVIT

18.  The applicant filed a further affidavit picking faults in the counter affidavit and showing how it proves his case.

COURT’S  DECISION.

19. From the reliefs sought, the applicant requires the court to;

1. Make a finding that Mr. T.A. Efaye is an impostor carrying on and or practicing law when he is not a Legal Practitioner.

2.  Make an order directing the Ondo State Command of the Police or any other relevant authority to invite, arrest, investigate and prosecute Mr. T.A. Efaye for being an impostor carrying on and or practicing law when he is not a Legal Practitioner.

3. Make an order striking out all the claimant’s processes for being grossly incompetent.

20. Having read the affidavit and the counter affidavit and having observed the exhibits annexed. Neither party has fully disclosed a reason for the court to hold one way or the other.

21. There are loopholes on both sides but which this court, by reason of Order 38 Rule 17(1), has the power to call for such proof or evidence from the relevant authority or person, to wit, the Registrar of the Supreme Court.

22. Order 38 Rule 17(1) of the Rules of this Court provides as follows;

The court may of its own motion or on the application of any party order any person to appear before it as a witness or to produce any document.

23. The Court accordingly, invokes Order 38 Rule 17(1) of the Rules of this Court to call on the Registrar of the Supreme Court to produce the documents and /or to answer the following questions;

1.     Whether one ONAKPOYOVWERE ISAAC AVWERUTAYE was called to the Nigerian Bar on 10/6/1990

2.      Whether the said ONAKPOYOVWERE ISAAC AVWERUTAYE submitted an application in 2006 to change his name to THEOPHILUS AKPORIAYERE EFAYE?

3.     Whether the said change of name has been approved or refused?

 

24. I accordingly so direct the Divisional Registrar of this court to write to the Chief Registrar of the Supreme Court accordingly within one week from the date of this ruling, attaching the relevant motion and counter affidavit.

25.  MR T.A. Efaye is hereby directed to provide his passport photograph to the Divisional Registrar within three days of this ruling for this purpose.

26. This case is adjourned to 22/4/2026 as the court awaits the response of the Chief Registrar of the Supreme Court.

27. This is the ruling of the court and it is entered accordingly.

 

.........................................................

K.D.DAMULAK

PRESIDING JUDGE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

it requires no long grammar to state that all the depositions in the affidavit in support of the motion are proven true, the allegations are as follows;

1.The Nigerian Bar Association (hereinafter called NBA) has never issued any NBA stamp and seal to any one known as T.A Efaye.

2.     The purported stamp and seal receipt being used by Mr. T.A. Efaye does not emanate from the NBA.

3.     The purported stamp and seal receipt attached to all the processes signed by T.A. Efaye is nothing but a Bank receipt and not the NBA portal generated receipt.

4.     There is no one registered to practice law in Nigeria known as T.A. Efaye.

5.     T.A. Efaye is not in the NBA Data base and portal and thus he is not called to the Nigerian Bar and not registered in the Supreme Court of Nigeria to practice law in Nigeria.

6.     The truth of these allegations are to be seen from the processes filed by the said F.A Efaye. Beginning from the motion of 5/3/2025 filed on 5/3/2025, counsel did not attach his lawyer’s seal and stamp but Eco Bank receipts one evidencing payment of N25,000.00 to the Supreme Court of Nigeria as Bar Practicing fess(BPF) for  2024,payment made by Theophilus Efaye on 8/3/2024 and another Eco Bank receipt evidencing payment of N4,000.00 for NBA  stamp and seal  for 2024, payment made on 27/9/2024 by Theophilus Efaye.

7.     Similarly, on the counter affidavit of 13/10/2025, counsel did not attach his lawyer’s seal and stamp but Eco Bank receipts, one evidencing payment of N25,000.00 to the Supreme Court of Nigeria as Bar Practicing fess(BPF) for  2025/2026, payment made by Theophilus Efaye on 29/3/2025 and another Eco Bank receipt evidencing of payment of N7,000.00 for NBA  stamp and seal  for 2025/2026, payment made on 29/3/2025 by Theophilus Efaye.

8.     This means that in March, 2025, Efaye did not have the stamp and seal for 2024.which is a full year and he made another payment on 29/3/2025 but still did not have the NBA seal as at 13/10/2025.

9.     The evidence of payment ,as said, are mere Eco Bank receipts and not the NBA portal generated receipts as shown by exhibit B of the defendant/applicant affidavit in support of the objection displaying both the Access Bank receipt and the NBA Portal generated payment receipt which also has the NBA logo thereon.

10. The results for the search by the applicant deponent on the NBA “find a lawyer  ”portal also shows that T.A Efaye and all possible variants or arrangement of his name is not on the NBA “Find a lawyer portal”. This was confirmed by Efaye when he deposed that NBA “find a lawyer portal” has his former name ONAKPOYOVWERE ISAAC AVWERUTAYE. He attached the evidence as exhibit E which shows the name ONAKPOYOVWERE ISSAC AVWERUTAYE.

11. This also confirms that there is no one registered to practice law in Nigeria known as T.A. Efaye (THEOPHILUS AKPOYIAYERE EFAYE)  and that T.A. Efaye is not in the NBA Data base and portal and thus T.A. Efaye is not called to the Nigerian Bar and not registered in the Supreme Court of Nigeria to practice law in Nigeria.

12. In his counter affidavit, T.A Efaye said that he was called to bar in 1990 and he served in Ondo state in 1990 and he attached what he said is his call to bar call to bar, Council of legal Education and NYSC certificates as exhibits (A),(B) and (C) bearing the names ISAAC AVWERUTAYE ONAKPOYOVWERE.

13. That he changed his name from ISAAC AVWERUTAYE ONAKPOYOVWERE to THEOPHILUS AKPORIEYERE EFAYE in 2006. By exhibit(D). However, the deponent in exhibit (d), Prince (Barrister) THEOPHILUS AKPORIAYERE –EFAYE said he was named and called Prince (Barrister) ISAAC AVWERUTAYE OGHENEVWENAIRE ONAKPOYOVWERE. That all documents bearing his former name Prince (Barrister) ISAAC AVWERUTAYE OGHENEVWENAIRE ONAKPOYOVWERE remain valid.

14. These alleged former names of T.A Efaye, which are four in number, allegedly also on his former documents, do not accord with the three names on the certificates attached as exhibits.

15. The three names on the certificates in evidence are not the names on the NBA “find a lawyer portal” except if the name “Issac” on the NBA portal is taken to be a misspelling of Isaac, which Efaye did not say so in his counter affidavit. Efaye either did not seem to notice the difference in the spelling or he intentionally chose to ignore same.

16. Efaye also said he submitted an application for change of his name to the chief Registrar of the Supreme Court in 2006.Efaye did not present the evidence of submission of such application, submitting that it was the duty of the applicant in this motion to confirm whether or not he submitted.

17. The first thing is that it was the duty of Efaye to present evidence of submission of such application but he failed to do so. It also suggests that the Registrar of the Supreme Court has no acted on the said application since 2006,which is not reasonably believable.

18. Also since the Chief Registrar has not yet approved the said application, he is not entitled to use the said new name as it is not yet on the Register of lawyers, contrary to the argument of Efaye that he was entitled to use same even before approval.

19. This allegation of submission of application to the Chief Registrar of the Supreme Court is not proven and is not believable. Furthermore, given that the certificate of call to bar bears only three names, it does not appear that the affidavit saying he had four names would have been useful.

20. Also, the necessary Deed Poll attached to the affidavit of change of name was not sealed and signed by the said Prince (Barrister) THEOPHILUS AKPORIAYERE –EFAYE.

21. Accordingly, from the affidavits and exhibits before the court, it is the finding of this court that ..