Was Georgetown Solicitor Franklin Chisom Onuoha Trying To Evade Being Served Court Papers By The Sheriff?

Ikeja Georgetown Solicitor Franklin Chisom Onuoha was SUED by his own client in April 2024 for fraudulent misrepresentation.

As we have already covered in our earlier report, Franklin Onuoha had his own document invalidated by a High Court Judge in an unprecedented, highly controversial court case that involved three respondents.

But more crucial details have emerged since additional court papers were leaked.

Official court papers in the judicial division of Ikeja, Lagos High Court - 2nd respondent: Franklin Chisom Onuoha

Suit No: ID/6049FPM/2023

The 2nd respondent, Barr. Onuoha, had already made his workplace address and contact details clearly availble for the public on Google My Business.

However, documents exposed that the Sheriff could not deliver the originating motion because he was unable to find a fixed location for Barr. Onuoha's law firm.

The sheriff then had to file a motion for 'substituted service' and send the documents by email as an alternative.

Key Facts:

Originally, the client (1st respondent) Modinat Kassim filed an originating motion to sue Barr. Onuoha because he had a Consent Decree stamped without her knowledge, signature or consent.
A Sheriff was arranged to deliver the critical papers to Georgetown Solicitors law firm.
Later, Barr. Franklin Chisom Onuoha confirmed his address during a phone conversation with the Sheriff, but when the Sheriff arrived at the address he was informed no law firm operated at the site
The Sheriff had to use a substituted service by sending several emails to the Georgetown Solicitors in Ikeja as a method of delivering the originating motion
Court papers confirm that the Sheriff called the official phone number for Barr. Franklin Onuoha and was given a specific address, but after travelling to the site the Sheriff revealed "I was informed that, there is no Law Firm occupying the premises".

From the Sheriff's application for 'Order of substitute service' - (actual court document)

Was Barr. Onuoha trying to buy himself time?

Why did Georgetown Solicitors confirm their address on the phone and allow the the sheriff to travel to the site if they knew no law firm operated at that address?

Why wasn't the Sheriff simply told the relevant lawyer is not available at that specific time, and that he could return the next day?

Was the Sheriff given the 'run around' by Georgetown Solicitors?

If Franklin Chisom Onuoha no longer operated at the address he provided to the Sheriff, why didn't he simply update the Sheriff with his new workplace address?

Why was Barr. Onuoha so difficult to find?

Here is are some possible reasons why a lawyer's location might be challenging to pin down when serving an originating motion:.

1. Tactical Delay and Statutory Limitation

The most common reason for evading service is to delay an event temporarily so as to have longer to improve one's own position:.

Preventing an Injunction: If the client is seeking an interim injunction, the lawyer might evade service to ensure they aren't legally "restrained" until they can better prepare a defense.
Limitation Periods: In some specific cases, if the process isn't served within a specific timeframe, it might expire. By making physical service impossible, the lawyer hopes the clock runs out on the validity of the writ.

2. Setting a Trap for "Lack of Jurisdiction"

In Nigeria, service is a condition precedent to the court's jurisdiction.

Challenging the Service: By providing a "ghost address," the lawyer hopes the Sheriff will eventually leave the papers with someone who isn't authorized to receive them. The lawyer can then later appear in court "under protest" to argue that he was never served according to the rules, potentially getting the entire suit struck out.
The "Personal Service" Rule: Generally, originating motions must be served personally on the individual. By confirming the address on the phone but being absent in person, the lawyer ensures the Sheriff cannot perform "personal service."

3. Psychological and Professional Protection

Reputational Damage: A Sheriff arriving at a functional law firm to serve a lawsuit can be embarrassing in front of staff and other clients.
The "Virtual Office" Reality: Sometimes, it isn't just a trick. Some legal practitioners in Nigeria use "virtual offices" or shared workspaces for registration purposes but do not actually maintain a daily physical presence there.

4. Forcing the Move to "Substituted Service"

Finally, a lawyer might want the claimant to use substituted service (like email or pasting on a wall).

Creating Grounds for Appeal: If the claimant selects the substituted service without proving they made "diligent efforts" to serve personally, the lawyer can challenge the Order for Substituted Service.
Control over the Timeline: Once the court grants an order for substituted service (under Order 7 of the Lagos Rules, for example), the timeline for filing a defense officially starts. By forcing this process, the lawyer controls exactly when the legal "countdown" begins.

Why confirm the address on the phone?

This is often a desperate attempt to avoid an immediate Bench Warrant or contempt proceedings if the matter were already before a judge. By confirming the address, they appear cooperative to the Sheriff (an officer of the court), but by not being there, they create a factual dispute about whether the firm actually exists at that location.

The Shift to Substituted Service

Under Nigerian law, when personal service becomes "virtually impossible" due to the defendant's antics, the Plaintiff files an ex-parte motion for Substituted Service.

Important Note: This explanation is for informational purposes and does not constitute legal advice. Litigation involving legal practitioners is subject to the Legal Practitioners Act and the Rules of Professional Conduct in Nigeria

Methods of Substiuted Service

Email/Social Media

Recognized in modern Nigerian rules (e.g., Lagos 2019 Rules) as a valid means if proved to be the defendant's active account.

Pasting (Nailing)

Affixing the court process to the gate or front door of the "ghost address" confirmed by the lawyer.

Publishing the notice in a national newspaper.

To move forward with Substituted Service in a Nigerian High Court, the process is governed by the specific Civil Procedure Rules of the state (e.g., Order 7, Rule 5 of the Lagos State High Court Rules 2019 or Order 11 of the Abuja/FCT Rules).

Because the lawyer has actively evaded personal service, the court requires a specific set of documents to prove that "diligent effort" was made before it will allow an alternative method.

The Application Process

The application is made via a Motion Ex-Parte, meaning the lawyer (the defendant) does not need to be put on notice for this specific hearing.

The Motion Paper: This is the formal request to the court asking for an order to serve the defendant by "substituted means."
The Affidavit in Support: This is the most critical document. It must be sworn to by the Court Sheriff or the person who attempted service. It must detail:
- The date and time of the phone call where the lawyer confirmed his address.
- The date and time of the physical visit to the address.
- The discovery that the firm does not operate there (e.g., "I met a vacant lot" or "the security guard stated no such firm exists").
Written Address: A brief legal argument citing the relevant Rules of Court and judicial precedents (such as NRC v. Iweka) that justify the request.

Common Methods Requested

When you file this motion, you must specify how you want to serve him. Given the lawyer's behavior, the following are usually requested together:

Pasting at the Last Known Address: Even if the office is empty, the law often requires "pasting" the process on the entrance or gate of that confirmed address.
Electronic Means (Email/WhatsApp): You must provide the court with the lawyer's specific email address or phone number and prove they belong to him (usually via his letterhead or NBA directory).
Service on an Adult at the Premises: If there is a receptionist for a shared building, the court can order that delivery to them counts as service.

The Legal Effect

Once the Judge signs the Order for Substituted Service, and the Sheriff carries out the instructions (e.g., sends the email or pastes the paper):

Service is Deemed Proper: The law "pretends" the lawyer was served personally.
The Clock Starts: The 30-day window (or as specified by the rules) for the lawyer to file a Memorandum of Appearance and Defense begins immediately.
Default Judgment: If the lawyer continues to ignore the suit, you can eventually apply for a Judgment in Default, as he can no longer claim he wasn't aware of the case.

Next Step

To get this started, you will need the Sheriff's Affidavit of Non-Service. This document is the "evidence of evasion" that the Judge needs to see.

A Draft Ready For Use

IN THE HIGH COURT OF [INSERT STATE, e.g., LAGOS] STATE

IN THE [INSERT NAME] JUDICIAL DIVISION

HOLDEN AT [INSERT LOCATION]

SUIT NO: ..............................

BETWEEN:

[YOUR NAME/CLIENT NAME] ........................................................... CLAIMANT

AND

[LAWYER’S NAME] ....................................................................... DEFENDANT

AFFIDAVIT IN SUPPORT OF MOTION EX-PARTE FOR SUBSTITUTED SERVICE

I, [Name of Deponent], Adult, Male/Female, Christian/Muslim, Nigerian Citizen of [Address], do hereby make Oath and state as follows:

That I am the [Sheriff/Litigation Officer] in this Suit and by virtue of my position, I am conversant with the facts of this case.
That the Originating Process in this suit was issued on the [Date] for service on the Defendant at his office address at [Address confirmed on phone].
That on the [Date], I placed a telephone call to the Defendant on his mobile number [Phone Number] to confirm his office location for the purpose of service.
That during the said call, the Defendant expressly confirmed to me that his law firm is located and operates at [Address].
That on the [Date] at about [Time], I proceeded to the said address to effect personal service of the Originating Processes on the Defendant.
That upon arrival at the address, I discovered that no such law firm as [Law Firm Name] exists or operates at the premises. (Detail what you found: e.g., "the building was under renovation," "the occupants claimed no knowledge of the Defendant," etc.)
That all further attempts to reach the Defendant via his mobile phone to clarify the discrepancy have been met with [e.g., switched off phone / unanswered calls].
That the Defendant is a Legal Practitioner and is aware of the pendency of this suit but is deliberately evading personal service to frustrate the proceedings of this Honorable Court.
That it has become virtually impossible to effect personal service of the court processes on the Defendant.
That the Defendant maintains an active email address at [Email Address] and a WhatsApp-enabled phone number at [Phone Number].
That it will be in the interest of justice to grant this application to allow service by substituted means, specifically by [Email/Pasting/WhatsApp], to bring the matter to the Defendant's attention.
That I make this solemn Oath in good faith, believing the contents to be true and correct in accordance with the Oaths Act.

DEPONENT

SWORN TO at the High Court Registry, this ........ day of .................... 2026.

BEFORE ME

COMMISSIONER FOR OATHS

Key Tips for Filing:

The Sheriff's Report: Ensure the Sheriff also files a formal "Affidavit of Non-Service" or a Return of Service Memo. The Judge will look for this to verify that the court's own officer was misled.
Evidence of Digital Presence: If you are asking for service via Email or WhatsApp, it helps to attach a printout of the lawyer’s professional profile or a previous email thread where he used that specific address.

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