Topic 2.

LETTER WRITING

1. Objective of the Study

The objective of the topic is to introduce the students into letter witting. For this purpose, the
students will be exposed into: different types of letters, the technicalities, skills, importance and
format of writing a formal letter.

2. Outcomes
At the end of the topic, students will be able to:
a. Define letter writing.
b. State types of letter writing.
c. Identify the technicalities involved in letter writing.
d. Identify the skills applied in letter writing.
e. State the importance of letter writing.
f. Know the format of writing a formal letter.
g. Write a letter.

a. Meaning of Letter Writing

Letter writing is a form of communication. It is a type of permanent record of communication. It is
a way of expressing ones feeling to another in a permanent form. Black’s Law Dictionary defines
letter as ‘A written communication that is usually enclosed in an envelope, sealed, stamped, and
delivered.’ However, from the legal point of view, it is not every letter that must be delivered in a
sealed envelope or stamped. The most requirement of valid document as regard to authentication
of document was not captured in the Black’s Law Definition of letter. This is because in the
plethora of judicial authorities, it has been established that an unsigned document is worthless
and does not value more than a tissue paper- Shittu v. Fashawe [2005] NGSC 30, Omorinbola II
v. Mil. Gov. of Ondo State [1995] 9 NWLR (Pt. 418) 201, Egunjobi v Oluwo [2016] 52 WRN123.
Flowing from the above, the most import features of a letter are authorship and signature. A letter
must be authored and signed by a natural person. In S.C.C (Nig) Ltd v. Ekenma [2009] FWLR (Pt.
497) 53, a notice of appeal signed in the name of a law firm without the name of any lawyer was
held to be incompetent. In letter writing, the duty of the writer is to ensure that the letter
captures the gamut of issues involved in succinct form. Letters are written for the purpose of
making demand, giving notice, or making presentation on issues.
The work of a lawyer demands that he writes lots of letters on daily basis. A letter is one the
methods of communicating client’s instruction. Before a lawyer can communicate client’s
instruction through letter, such a lawyer must have conducted interview with the client. A letter
may be used to persuade, threaten or demand for the compliance or refraining from doing an act.
The tone of the letter is determined by the nature of instruction gotten from a client. In certain,
cases especially where the law requires a pre-action notice to be given before institution of an
action in court, letter of pre-action notice becomes inevitable otherwise the action will be
incompetent

b. Types of Letters
There are basically three types of letters. They are: informal, semi formal and formal Letter. For
the purpose of legal writing, formal letter shall be our focus.

Formal Letter: This is also known as official or business letter. They are often written to readers or
recipients outside the organisation. Sometimes, it may be used for in-house communications e.g.
letter of promotion, congratulations, condolences to a staff. This kind of letter requires the use of
Standard English. Wording of it has to be simple, accurate and direct.

c. Importance of Letter Writing

The importance of letter includes:
(i) It may be used as evidence in the event of a dispute between the parties to the transaction.
(ii) It provides wide range of information.
(iii) It is a permanent record of transaction.
(iv) It is a means of representing the company’s image.
(v) It is useful and efficient for targeted mass mailings.
(vi) It is more formal than memo.
(vii) It can be used as a follow up of conversation or telephone call.
(viii) It can lead to institution of action in court. Trade Bank Plc. v. Chami [2004] ALL FWLR
(Pt235)118.

d. Format of a Formal Letter

The format of a letter includes:
(i) The layout of the letter
(ii) How the writer indents and aligns the paragraph.
(iii) The writer’s application of punctuation.
In writing a letter, writers adopt the following styles to promote elegance and simplicity-
Open punctuation: This style omits punctuation except apostrophes outside the body of the letter.
Closed punctuation: This applies punctuation especially the comma at the end of every line of the
addressees’ address, salutation and complimentary close.

Full–block format: This aligns all the paragraphs to the left hand margin of the letter head paper,
with no indenting.

Semi block format: This aligns the date, complimentary close and signature to the right hand
margin of the letter head while the paragraphs are indented.

However, it is preferable to adopt open punctuation style and the full block style because of
elegance, simplicity and economy of time.

e. Layout of a Letter
The layout of a formal letter includes:
(i) Letter Head. Every firm is required to have a letter head paper for official letters, usually
printed in A4 or A5 paper and should be well designed as it speaks of the image of the firm to the
recipient. Rule 40 of the Rules of Professional Conduct for the Legal Practitioner 2007 provides
and permits lawyers to use a letter head, envelope or visiting card, his name and address,
qualifications and national honours. This should be reconciled however with Rule 39 (2) (3) of the
Rules of Professional Conduct for the Legal Practitioner 2007 which prohibits adverting, touting
and publicity. The letter head should contain office address, telephone number, email, website,
qualifications and honours. Avoid unnecessary information on a letter head.

(ii) Reference Number. This is inserted by the office secretary. It aids filing, tracing and cross
reference. It should be printed on the Letter head paper to remind the typist the need to insert
both your reference and the other party’s reference where known. E.g. Your Ref: Our Ref:
(ii) Date: The letter should bear the date of dispatched. There are two style of dating. The British
style and the American style. American style: “November 16, 2022’’ British style: “16 November,
2022.’’ Be consistent with one style and do not use 10/11/2022 in an official letter as it depicts
lack of professionalism.
(iii) Name and Address of Recipient: This address here must match with what is written on the
envelope. Your relationship with the recipient and protocols are factors that will influence how you
address the recipient. If the recipient is a female, state the marital status e.g. Miss, Mrs. or Ms.
You can state the name and designation of the recipient.
(iv) Attention: This is to be used only when necessary. It is necessary where there is a previous
dealing with the person in an organisation and where the letter is directed to that particular
person. It should be – Underlined - In bold print and No full stop at the end of the line. E.g.
Attention Mr. John Okoh.
(v) Salutation: You can use “Sir’’, “Dear Sir” or “Dear Mr. Kunle,’’. The use of dear is a sign of
respect. Where the recipient’s name is mentioned, it makes it less formal and shows knowledge of
the identity of the recipient or indicates earlier contact with the recipient. Do not use “Dear sir/
madam’’ to a colleague. You can use “My Dear Johnson’’. To a group of colleague use “my dear
colleagues”. There is the new trend of omitting the salutation and complimentary close by the
secretary and are left to be handwriting by the writer when signing the letter. This makes the
letter friendlier, extra ordinary and gives it raw and personal touch. This is used for letters to
contemporary or subordinates.
(vi) Heading: This is also called the subject head. It is the summary of the message. It should
contain names of the parties and description of the matter. The prefix “re’’ means in the matter of
and is better used where the letter is a reply.
(vii) Body of the Letter: This is the part of the letter that contains the message. The length
depends on the message. It could be a paragraph or more. Generally, the body of the letter
should contain:- (a) an Introduction: contains the introduction of yourself, your client, previous
dealings (where there is any). E.g. “Your letter dated…………….. refers” “With reference to your
advertisement” “ We are solicitors to…..” (b) The message: use simple, straight forward and
appropriate words in the letter. Begin a paragraph with topic sentence .E.g. “We write to
inform…’’ (c) The closing remark. This section is very important as it determines whether you will
achieve the desire result or not. Use polite words, even when replying to a rude letter. Be firm
particularly in a letter of demand. Make your demand and do not beg. The following rules as
stated by Imhanobe are instructive. - Do not threaten what you cannot carry out. - Be mindful of
how ordinary reader would see the threat. - Avoid threat that will leave the reader an option that
is not favourable to you.
(viii) Complimentary Close: The closing depends on the salutation and perusal reference. In
strictly formal letter use:
“yours faithfully”
“Your sincerely’’

In less formal letter use:

“yours truly’’
“Yours sincerely’’.

Do not use:
“Faithfully yours’’ or
“Forever yours’’

Writing to business associate you can use:

“Best wishes’’
“Regards’’.
Do not omit the comma at the end of complimentary close.
“Yours faithfully,”
(ix) Name and Signature: You signature on a letter makes you the author of that letter and places
the error, mistakes or glory on you. You must read the letter carefully before appending your
signature.

Note:
- Create space for signing.
- Sign on top of your name.
- Indicates clearly when signing for someone. E.g., “for: The Dean.’’
(x) Enclosures: This is necessary where there is an attachment to the letter. This is indicated by
“Encl”
(xi) Copy: This is necessary where the letter is to be sent to a third party. The aim is to bring to
the notice of the recipient the other person or persons you are sending the letter to. It is indicated
by “C’’.
(xii) Addressing the Envelope: Address the envelope properly considering the addressee’s address.
If it is a personal letter which you do not intend another to read, indicate by writing on the
envelope “private and confidential” or “personal’’

f. Words of Negotiation
In order to avoid binding your client to agreement while negotiation is ongoing certain words or
phrases have been designed to enable you negotiate freely without binding your client. These
words are called words of negotiation. This is to encourage peaceful and out of court settlement
of disputes. They are: Subject to contract and without prejudice.
(i) “SUBJECT TO CONTRACT’’ This is used where the intention is not to create a binding contract.
It should be written in capital letters across the top of the letter and for emphasis as well as to
remove any doubt, it should also be in the text of the letter usually near the beginning of the
letter. The essence is to encourage out of court settlement. Maja Junior v. UAC [1973] CCHCJ/73
(unreported suit) delivered 3rd Sept 1973, where Justice Odesanya held that ‘...the formula
indicates especially in contract for sale of land, the parties intention not to be bound until the
execution of a formal contract…’ UBA v. Tejumola & Son Ltd. [1988] 2 MUR (Pt 79) 662.
International Textile lnd. (Nig) Ltd v. Aderemi (1999) 8 NWLR (Pt 614) 268.

ii. “WITHOUT PREJUDICE.’’ This is used in contentions cases to enable parties in dispute to enter
into sincere discussion to reached amicable settlement on the basis that nothing said or stated in
the letter will be used to interfere with the right of the parties to action. Once a letter is marked
without prejudice, such letter cannot be admitted in evidence in court of law. Ashibuogu v. A.G of
Bendel State & Anor [19880] SCNJ 130.
g. Official Language of Law
The official language and language of the law in Nigeria is English language. The law is that no
court in Nigeria will recognise a document except such a document is written in English or
translated to English language. Section 55 of the Constitution of the Federal Republic of Nigeria
1999 (as amended) provides thus: ‘The language of the National Assembly shall be conducted in
English languages and in Hausa, Igbo and Yoruba when adequate arrangements have been made
therefore.’ Also, in the case of House of Assembly section 97 of the Constitution provides that:
‘The business of a House of Assembly shall be conducted in English, but may in addition to English
conduct the business of the house in one or more other languages spoken in the state as the
House by resolution approve.’ It is worth to note that while section 55 of the Constitution
recognises the three major languages in Nigeria, section 97 took into consideration the
peculiarities of each state. This is because in some states, up to six different dialects exist. All that
is required is for the house to conduct it business with such local dialects if by a resolution the
majority agree to the use of that particular dialect in the plenary. These sections are highly
democratic and commendable as they give every citizen right of expression as well as to
participate in business of the legislatures and governance.

English language as official language of superior courts has been given judicial backing in the
following cases. In Ojengbede v. Esen [2001] 18 NWLR (Pt746) P. 771, 790, the trial judge, being
a Yoruba used his personal knowledge of Yoruba languages to interpret a document written in
Yoruba language that was tendered in evidence before him. On appeal the Supreme Court held
among others that: ‘the official language of superior courts of record in Nigeria is English.’
Therefore if documents written in any other language other than English are to be tendered and
properly used in evidence, they must be duly translated in English by a competent witness called
by a party to the proceedings who needs them to prove his case or by the official interpreter of
the court. In Damina v. The State [1995] 8 WWLR (Pt 415) 513, the court held that “Now it is a
matter of common knowledge and indeed of judicial notice that the lingua franca of Nigeria and
official language of the superior court in the country is English.

h. Habit to be avoided in drafting a Letter and other Legal Document

Legal profession is a conservative one. The traditional style of drafting legal document is shrouded
in archaic, redundant, excessive and intricate expressions, doublets and triplets, foreign words;
jargons among others. Legal documents could only be interpreted by lawyers during the pre-
colonial and colonial eras. Lawyers were paid based on the number of words used in the
document. The interest of the client who was bound to read and execute this hard and badly
drafted document was not considered. This occasioned serious injustice. Lord Diplock in Fothergill
v. Monavels Airlines [1981] Ac, 280 acknowledged that the modern English plain approach was an
answer to the demands of clients who were fed up with the traditional style of legal writing. The
modern style of drafting legal document is plain English approach aimed at promoting simplicity,
precision and clarity. This makes the legal document readable to client. A good draftsman should
avoid the following habits of drafting.
[
(i.) Archaic Words: These are words that are obsolete, not in line with Standard English and are
old fashioned. Examples are ‘hereinafter’’ ‘’hereinaforesaid’’, hereinunder’’; “said”; “witness’’;
“Hath’’; “hereafter’’; Instead of saying “hath” or “doth’’ say “has’’ and does’’. Instead of saying the
“said vendor” says “the vendor’’. These archaic words are still used by lawyers in Nigeria because
the legal profession is conservative and has resisted change and the lawyers use of precedents
without editing. This should be avoided.

(ii) Use of Passive Language: Active voice means that the subject performs the action. It must be
used when the subject is stated. E.g. “John killed the man’’ – Active voice. The man was killed by
John” - passive voice. Active voice is preferred because it is simpler and direct. Passive voice
leaves the legal consequences in doubt. However, passive voice should be used when the
emphasis is on what happened or where the subject is not known. E.g. “The cake was poisoned’’.
Emphasis is on the action.
(iii) Verbosity: This means that the sentence contains words more than necessary. E.g. “The
assignor hereby conveys, alienates, sells, assigns, transfers, grants, confirms, the sale of the
property to the assignee’’. The following two reasons account for the use of verbosity: (a) The
erroneous believe that the longer the document the better and the client’s willingness to pay
more. This traditional view is no longer tenable as the Legal Practitioners (Remunerations for
Legal Documentation and Other Related Matters), Order 91 provides for the scale of charges. The
length or number of words used in legal document is not relevant in calculating legal fee. (b) The
desire in translating usual words formally in Latin and French to English, to capture the desired
meaning. This also is not tenable as a word is to be construed from the context of it usage.

(iv) Redundant words: These are unnecessary words that should be deleted from legal
documents. When these words are deleted, it makes the legal document short and precise. E. g.
“The minister shall have full powers as contained in section 2 above’’. The words “full’’ and
“above’’ are unnecessary and should be deleted to read “The minister shall have powers as
contained in section 2.” Also “He covenanted that all things being equal he should pay the debt’’.
“all things being equal” is not necessary. “Within the period of four months”. Delete “the period
of”, and say “within four months.” Redundant words are unnecessary and can be avoided.

(v) Unfamiliar words: These are foreign words different from the official language of law and the
superior courts in Nigeria. They include pidgin, slang, Latin, colloquial speech and all informal and
non Standard English. Examples are ex perte, certerio, paripasu, naija, in toto, per annum, inter
alia, Ipso facto, mutatis mutandis. Latin word is to be used only where it has no substitute.
(vi) Inconsistency: The use of inconsistent words in some legal writing should be avoided. It takes
the following forms: (a) Referring to the same person in the same document by different names.
E.g. “Assignor/vendor’’, “Assignees’’/purchaser’’, “Mortgagor’’/borrower’’, “lender/mortgages.” (b)
When a word is used in a way that contradicts its standard usage. E.g. Assignor assigns in an
assignment. Vendor conveys in a conveyance. Testator gives in a will. But it is wrong to say the
assignor gives; or the testator assigns. (c) The use of both English and American style of spelling
and dating of document.
American style:
Spelling – Center, labor
Date – October 20, 2022

British style:
Spelling – centre, labour
Dates – 20th October, 2022

In using your computer ensure your system is configured to British spelling or date. If not add the
British style of dating and spelling to the dictionary in your computer which is the Nigeria style of
spelling and dating of document.

Doublets and Triplets: Example are “full and final’’; “last will and testament’’, “pay, bear and
discharge”, “null, void and of no effect’’. Any of these words is sufficient to convey the intended
meaning. E.g. “pay’’ instead of “discharge”, or “bear’’, “null’’ instead of “void’’ or “of no effect’’.
Avoid the excessive use of the word: E.g. The word like should be used only when absolutely
necessary and should not be used as substitute for either “this” or “that’’. Mounfield v. Ward
[1897] Q.B 326.
Pronouns: Avoid the use of pronouns where they will lead to ambiguity.

Avoid improper use of ‘’will’’; may’’ and ‘’shall’’: “Will” when used for first person implies wish or
intention but when used for second and third person it implies mere intention. Where the legal
subject is under obligation “shall’’ is to be used but where the legal subject is allow discretion
“will’’ or “may’’ is to be used. Some schools of thought are advocating that “must’’ be used instead
of “shall.’’ Ogwuche v. Mba ([994] 4NWLR (Pt 3360) 75; Atayi farm Ltd v. NACB Ltd [2003] 4
NWLR (Pt 810)427; Kamba v. Bawa (2005) 4NWRR (Pt 914) 43; Kalamu v. Gurin [2003] 16 NWLR
(pt 847)493

“Or” and “And”: “or’’ should be used disjunctively and “and’’ should be used conjunctively.
Ezekwezih v. Onwuagbu (1998) 3 NWLR (pt 541) 217. However to avoid absurdity and injustice
“and’’ could be construed disjunctively and “or” construed conjunctively. Associated Artist Ltd v.
IRC (1955) 2 all E.R 583, and J.S Tarks and Ors v. DPP (1961) ALL NLR. 376
 DR. IGWE ONYEBUCHI & CO.
Barristers, SOLICITORS AND property consultants
No. 2, AWOLOWO STREET, ABAKALIKI EBONYI STATE, NIGERIA
E-mail: [email protected] Tel: 07038846290
HIS GOODNESS CHAMBERS

Our Ref------------------------------------------

Your Ref-----------------------------------------

Date: 15th June, 2021

The Accountant General of Cross River State,

Governor’s Office,
Calabar.

Sir,

ILLEGAL DEDICATIONS FROM THE MONTHLY SALARIES OF ADDO GODWIN EKPE FOR
THE BENEFIT OF PURPORTED JOLIENS

We act as solicitors to one Mr. Addo Godwin Ekpe, a Staff of Judiciary at District Court Akarafor
in Abi who we shall subsequently refer as our ‘Client.’

The record made available to us reveals that:

1. Our Client is a Principal Litigation Officer with Employment Code: 06071 and Salary Structure
JSS GL/Step 12/11 even though he is still being paid as Assistant Litigation Officer.
2. In the month of May, 2020, our Client noticed to his chagrin that the sum of Twenty Thousand
Naira (N 20, 000.00) was missing in his monthly payment.
3. Our Client promptly reported the matter to your office for redress. It was upon his report that
he was informed that somebody wrote a letter to your office alleging that our Client owed him
the sum of Two Hundred Thousand Naira (N 200, 000.00), the allegation our Client was not
made privy to before the unfortunate deductions was commenced on his monthly salary.
4. Our Client immediately responded orally to the allegation but your office did not deem it fit to
invite our Client and the purported complainant for the purpose of hearing from them rather
your office chose to water-down the revered principle of natural justice and engaged in self
help by commencing illegal deductions on our Client’s salaries unabated.
5. As it stands now, the sum of Twenty Thousand Naira (N 20, 000.00) monthly deductions from
our Client’s salaries from the months of May 2020 to May 2021 have cumulated to Two
Hundred and Sixty Thousand Naira (N 260, 000.00).
6. This action of yours has caused our Client excruciating pains, agony and trauma coupled with
the economic crunch prevalent in the society.
[

7. It is on the above score that we have the instruction of our Client to write and demand:
a. That further illegal deductions from his monthly salaries for benefit of either the purported
Joliens or any other person be stopped forthwith;
 b. That the sum Two Hundred and Sixty Thousand Naira (N260, 000.00) illegally deducted
from our Client’s salaries from the months of May 2020 to May 2021 be refunded to him
within 14 days inclusive of the date of service of this letter on you.
8. For avoidance of doubt, our Client has instructed us to take further steps to ventilate his
grievance should you fail to comply with the terms of this letter.
9. Note that the gain of the battle can only be reconciled when the dust of it has settled.

Yours faithfully,

Igwe Onyebuchi Igwe ESq, PhD.

For: Dr. Igwe Onyebuchi & co.