Former NBA chairman drags Lagos CJ to court over filing fee
The lawyers in the suit are challenging the powers of the Chief Judge of the state to increase filing fees with about 1000 percent, arguing that proposed High Court Civil Procedure Rule 2018 will deny poor litigants’ access to justice.
The claimant said he sued for himself and on behalf of members of citizens’ rally against oppression.
Aside the Chief Judge, the Chief Registrar of the High Court was also joined as defendants in the suit.
The claimant originating summons brought pursuant to Section 89 of High Court of Law of Lagos State (2018 as amended) And Section 274, 17(2)(A), (B), (D), (E) and Section 36(1) of the Constitution of the Federal Republic of Nigeria (1999) as amended is seeking an order of interlocutory injunction restraining the defendants from replacing or substituting the High Court of Lagos State (Civil Procedure) Rules 2012 with the proposed High Court of Lagos State (Civil Procedure) Rules 2018 or any other Rules of the High Court of Lagos State, pending the determination of the suit.
In the suit marked Temp/41648/201, the claimant wants the court to determine whether in the exercise of powers of the 1st defendant to make Rules of Procedure for the High Court of Lagos State, the 1st defendant who is also sworn to uphold the constitution of the Federal Republic of Nigeria, 1999 may not exercise same in line with the provisions and intendment of the same 1999 constitution (as amended).
“A declaration that the proposed High Court of Lagos State (Civil Procedure) Rule 2018 as presently contemplated by the defendants to include 500-1000 percent increase in filing fees, upward review of late filing fees from N200 to N1000 per day, and imposition of fees of N100, 000 or N250, 000 cost personally against counsel, the legal representatives of litigants is oppressive and will serve to deny the claimant, his clients, and members of the litigating public easy access to the High Court of Lagos State and is as such improper, unlawful, unconstitutional, null and void.
However, the suit has not been assigned to a judge.
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