Lawyer sues Lagos CJ, others for ‘forcing’ court users to buy seal

A lawyer, Mr Tope Alabi, has sued Lagos State Chief Judge Lagos,
Justice Opeyemi Oke, over the sale of seals in the High Court and
Magistrate Court registries.

In his originating summons, he is seeking a declaration that the
introduction and sale of seals and non-acceptance of his processes
for filing on the basis that there were no seals on them is illegal
and unconstitutional.

He filed the suit at the Lagos State High Court in Ikeja.

The Chief Registrar, the Lagos State Judicial Service
Commission, Lagos State Judiciary, Attorney-General of Lagos and
Justice Oke are the defendants.

Alabi said the court officials’ insistence that he must buy the
seal and attach it to his supporting affidavits amounts to denying
him and his clients access to justice.

He is praying for an order of perpetual injunction restraining
the defendants or their agents from compelling litigants to
purchase the seal when filing cases, processes or deposing to
affidavits.

He also wants the court to perpetually restrain the defendants
or their agents from further producing or supplying the seals.

The lawyer urged the court to determine whether, based on its
rules and the 1999 Constitution, its officials can validly force
litigants to buy the seals for N250 before they can file documents
in court.

Alabi said in all the laws, statutes and rules governing the
court’s affairs, there was no legal basis for imposing the sale of
the seals on court users.

“The defendants cannot put something on nothing and expect it to
stand,” he said in his written address.

Alabi also filed a motion ex-parte praying for an order of
interim injunction restraining the defendants from compelling him
and other litigants to purchase seals.

In a supporting affidavit which he personally deposed to, Alabi
said he was at the court’s Lagos division on October 31 to file a
motion for change of counsel.

In addition to the regular charges, he said he was charged
additional N250 for a seal affixed to his affidavit in support of
the motion. He said he complained to the Assistant Chief
Registrar.

“He informed me that the order was from above, and that it was
beyond him. I was also at the Lagos Judicial division of the High
Court of Lagos State on the 6th day of November, 2017 for filing of
affidavit of service.

“The court officials, precisely the cashiers, denied me filing
on ground that I did not give them the sum of N250 for the seal,”
he said.

Alabi said he complied with the pre-action requirements, adding
that “it is in the interest of justice to restrain the defendants
from compelling the claimant or any legal practitioner or litigant
to purchase the seals.”

No date has been fixed for hearing.

A lawyer, Mr Tope Alabi, has sued Lagos State Chief Judge Lagos,
Justice Opeyemi Oke, over the sale of seals in the High Court and
Magistrate Court registries.

In his originating summons, he is seeking a declaration that the
introduction and sale of seals and non-acceptance of his processes
for filing on the basis that there were no seals on them is illegal
and unconstitutional.

He filed the suit at the Lagos State High Court in Ikeja.

The Chief Registrar, the Lagos State Judicial Service
Commission, Lagos State Judiciary, Attorney-General of Lagos and
Justice Oke are the defendants.

Alabi said the court officials’ insistence that he must buy the
seal and attach it to his supporting affidavits amounts to denying
him and his clients access to justice.

He is praying for an order of perpetual injunction restraining
the defendants or their agents from compelling litigants to
purchase the seal when filing cases, processes or deposing to
affidavits.

He also wants the court to perpetually restrain the defendants
or their agents from further producing or supplying the seals.

The lawyer urged the court to determine whether, based on its
rules and the 1999 Constitution, its officials can validly force
litigants to buy the seals for N250 before they can file documents
in court.

Alabi said in all the laws, statutes and rules governing the
court’s affairs, there was no legal basis for imposing the sale of
the seals on court users.

“The defendants cannot put something on nothing and expect it to
stand,” he said in his written address.

Alabi also filed a motion ex-parte praying for an order of
interim injunction restraining the defendants from compelling him
and other litigants to purchase seals.

In a supporting affidavit which he personally deposed to, Alabi
said he was at the court’s Lagos division on October 31 to file a
motion for change of counsel.

In addition to the regular charges, he said he was charged
additional N250 for a seal affixed to his affidavit in support of
the motion. He said he complained to the Assistant Chief
Registrar.

“He informed me that the order was from above, and that it was
beyond him. I was also at the Lagos Judicial division of the High
Court of Lagos State on the 6th day of November, 2017 for filing of
affidavit of service.

“The court officials, precisely the cashiers, denied me filing
on ground that I did not give them the sum of N250 for the seal,”
he said.

Alabi said he complied with the pre-action requirements, adding
that “it is in the interest of justice to restrain the defendants
from compelling the claimant or any legal practitioner or litigant
to purchase the seals.”

No date has been fixed for hearing.