However, court papers later proved that he was actually the senior partner of the firm.

In fact, an immediate browse on the Georgetown Solicitors website will patently reveal Barr. Onuoha as the senior partner of the firm.

So, how serious is this as a transgression?

In Nigerian jurisprudence, when a lawyer deceitfully claims they are not the one trading under the "name and style" of a firm, they are committing perjury. 

Deliberately misrepresenting a relationship with a firm constitutes a sophisticated form of professional fraud.  

In the legal profession in Nigeria, a lawyer’s name is more than just a source of income; it is an identity, image, and a regulatory bond. 

When this lie is inserted in a written affidavit, the lawyer moves into the dangerous waters of potential criminal conduct and professional self-destruction.

1. The Sanctity of the Written Affidavit

In addition, section 115 states the following:

"Every affidavit used in the court shall contain only a statement of facts..."

 According to Section 117 of the Criminal Code, perjury is the deliberate presentation of a false testimony in a judicial proceeding. Because an affidavit is often the principal evidence in motion proceedings in Nigerian courts, a fallacy regarding ownership and control is interpreted as "material" to the proceedings.

The consequences for perjury in Nigeria are catastrophic, including a potential sentence of up to 14 years imprisonment. For a lawyer, a criminal conviction is the death knell for his/her career.

The Rules of Professional Conduct for Legal Practitioners (RPC) are the foundation of legal ethics in Nigeria. Several rules are contravened when a Senior Partner denies ownership of their firm:

A. The Duty of Candor (Rule 32)

Rule 32 of the RPC explicitly prohibits a lawyer from knowingly making a dishonest statement of fact to the court. Claiming you are not the principal of a firm when your name is on the letterhead and your signature is on the bank mandates is a severe violation of the duty of candor. It is an attempt to deceive d the court and the opposing counsel.

B. Infamous Conduct and the LPDC

Under the Legal Practitioners Act, the Legal Practitioners Disciplinary Committee (LPDC) has the power to strike a lawyer's name off the Roll for "infamous conduct in a professional respect." Lying under oath about one's professional identity is the textbook definition of infamous conduct. It demonstrates a lack of the "fit and proper" character required to remain a member of the Bar.

3. The "Name and Style" Deception: Why Do They Do It?

Why would a Senior Partner lie about their firm? Usually, it is a calculated attempt to evade professional accountability or legal liability.

• Evading Costs: If a court awards heavy "punitive costs" against a firm for filing a frivolous suit, a partner might try to distance themselves personally to avoid their assets being attached.

• Escaping Liability: Being sued for 'fraudulent misrepresentation' in the way that happened for Franklin Chisom Onuoha can be an intimidating experience, As a result, other lawyers might claim they do not trade under that name to distance their current assets or reputation from the troubled entity.

• Conflict of Interest: A lawyer might deny being the principal of "Firm A" so they can secretly represent a conflicting interest through "Firm B," pretending the two entities are entirely unrelated.

• Regulatory Evasion: The Nigerian Bar Association (NBA) requires firms to pay annual practicing fees and insurance. A lawyer might lie about their firm to bypass these regulatory and financial obligations.

• Obtaining Double Fees: In some complex litigation, a lawyer might use two "separate" entities to bill for the same work or to act as both a consultant and lead counsel without disclosing the common ownership.

• Circumventing Court Orders: If a specific firm has been barred from representing a client or participating in a certain jurisdiction, the lawyer might use a different "style" or name to bypass that restriction.

In the eyes of Nigerian law, this is an attempt to use the "name and style" as a shield for illicit activity while reaping the financial benefits of the firm's practice.

The Role of Conflict of Interest

Your suggestion that Conflict of Interest is a primary motivator is highly plausible in a legal context.

Under the rules of professional conduct, a lawyer cannot represent a client if that representation involves a concurrent conflict of interest. By lying about their firm’s identity, a lawyer creates a "shell" that hides their involvement in competing matters.

Strategy

Intended Outcome

The "Silent" Principal

The lawyer acts as the brain behind Firm B while claiming only to be associated with Firm A, allowing them to take on clients that Firm A would be legally prohibited from helping.

Artificial Competition

Making it appear that two firms are competing for a contract or case when, in reality, the fees from both flow to the same individual.

4. The Principle of "Holding Out"

In Nigerian commercial law and legal ethics, the principle of "Holding Out" is vital. If a lawyer’s name appears on a firm’s signpost, letterhead, or in the records of the Corporate Affairs Commission (CAC) as a partner, they are "held out" to the public as responsible for that firm.

Denying this status under oath creates a legal paradox. If a lawyer is allowed to deny their firm at will, the public can no longer trust who they are dealing with. This undermines the Legal Practitioners Account Rules, which require transparency in how firm funds and client monies are handled. If a Senior Partner "doesn't exist" on paper, where does the client's money go?

5. The Structural Impact on the Nigerian Justice System

When a high-ranking lawyer lies in an affidavit, it pollutes the "Stream of Justice." Nigerian judges rely on the integrity of senior advocates and partners to provide truthful information to help resolve disputes.

"A lawyer is a minister in the Temple of Justice. If the minister defiles the temple with lies, the temple collapses for everyone."

This transgression is particularly damaging because it:

1. Wastes Judicial Time: Courts must pause to conduct "trials within trials" to verify the true identity of the deponent.

2. Sets a Poor Example: It encourages junior lawyers to believe that "winning at all costs" justifies perjury.

3. Damages the NBA’s Reputation: It validates the public's worst fears about the "dishonest lawyer."

6. The Verdict: Life After the Lie

The consequences for a Nigerian lawyer caught in this specific lie are tiered and devastating:

Stage

Consequence

The Courtroom

The affidavit is struck out; the case may be dismissed with heavy costs.

Criminal Law

Prosecution for perjury under the Criminal or Penal Code.

Professional

Petition to the LPDC, leading to suspension or disbarment (striking off the Roll).

Social

"Name and Shame" within the NBA, loss of client base, and destruction of legacy.

Conclusion

Trading under a "name and style" is a privilege that comes with the burden of total transparency. For a Senior Partner to deny this reality under the solemnity of an oath is a betrayal of the call to the Bar. It is a transgression that strikes at the heart of the Legal Practitioners Act and mocks the constitutional role of the judiciary. In Nigeria, the truth is not optional for a lawyer—it is the very fabric of their robe. Once that fabric is torn by a lie in an affidavit, it can rarely be mended.