In Engineering Enterprises v Attorney General of Kaduna State
[1987] 2 NWLR (Part 57) 381 (SC), 413D–H, Oputa JSC emphasized three points about the facts section of a brief:
(1) it must be honest and straightforward;
(2) it must include all relevant and salient facts; and
(3) it must be truly factual, not argumentative.
Oputa JSC went on to highlight the salutary impact of a candid facts section on the advocate’s integrity and professionalism: “Honest and frank statement of all the facts (the good and the ugly) will no doubt inspire confidence.”
Oputa JSC recognized that the duty of candor in the facts section doesn’t require the advocate to present the facts neutrally: “The [facts section] affords counsel a wonderful opportunity to state the equities of the case in such a way that the Court will feel that justice will be done by deciding as is urged by the brief-writer.”
Oputa JSC concluded that the facts must find their root in the record: “The facts … must of course be facts supported by the record and there should therefore be a cross-reference … to the pages of the record of proceedings where those facts can be found. Accuracy thus implies a correct, fair, straightforward and honest statement of the facts of the case.”
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