Lawyers in Akwa Ibom State, have lamented the unfavorable and
grossly incompatible procedure introduced by the present
administration for the filing of processes meant to be used in
courts across the State.
For more than a year now, any lawyer who has a process to file
in court must first of all, travel to the registry of the court for
assessment of the filing fees before proceeding to the bank for
payment of the fees as assessed. After making the payment at the
bank, the lawyer is expected to return to the registry with a
printout as evidence of payment.
The printout is submitted to officials of the registry who then
issue receipt to the lawyer. The process sought to be filed is then
endorsed with the use of carbonated papers by another officer of
the registry before it is certified fit for judicial purposes.
This process can take as long as three hours, and sometimes, the
whole day, especially if there is network fluctuation at the
banks.
TheNigerialawyer’s correspondent in Uyo, the capital of Akwa
Ibom State has observed that there are no banks located within the
premises of the High Court Complex in Uyo. Lawyers have to go to
the Plaza area of the State or the Banking Layout at Udo Udoma
Avenue or faraway Aka Road to make the payment, irrespective of how
small the amount is. In a chat with one of the lawyers from the Uyo
he gave an illustration as to what they go through before processes
are filed.
According to him “For instance, a lawyer who wishes to file a
counter affidavit, without more, has to pay about Six Hundred Naira
from the judiciary headquarters to the Banking Layout for payment
of the cost of filing of the affidavit which is officially assessed
at the cost One Hundred Naira.
The same goes for processes meant for the Magistrates Courts
located at the FULGA Street, Uyo. Non of the banks designated for
collection of the court fees is located within the premises of the
court as lawyers have to travel all the way to pay for filing of
processes.”
Kayode Ogun, a lawyer based in Lagos recently narrated his
experience to Thenigerialawyer. He informed our correspondent that
he had a fundamental rights matter in one of the High Courts in Uyo
where he appeared in defence of one of the respondents.
He said, two days before the matter was scheduled for hearing,
he flew into Uyo from Lagos, with the intention of filing his
counter affidavit and rejoinder on points of law and onward service
of same on the applicant’s counsel. On arrival at the registry of
the court, he was informed that he has to go to the bank to pay the
sum of Three Hundred and Fifty Naira and then return with a
printout.
Kayode stated further that he asked if there was any bank within
the premises of the court and was surprised to hear there was non.
He asked if there is any POS machine in the court to enable him pay
with his ATM card but he was further informed there is non.
Kayode then chartered a taxi to the bank for payment of the
money. On reaching the bank, the payment platform was down and he
waited in the cue for several hours to no avail.
At about 3pm, the bank official advised he should go back and
return the following day. Kayode returned to his hotel room in
extreme frustration.
He returned the following day and was only able to pay after
spending not less than four hours in the bank.
The situation is worst at the courts outside the headquarters.
In some Local Government Areas where there are no banks such as
Mkpatenin, Oruk Anam, Etim Ekpo, Ukanafun, etc, lawyers are
expected to travel, many kilometers to the State Capital or any
other local government Area where there is a designated bank for
payment of filing fees.
Lawyers in Mkpatenin for instance will have to travel to Ikot
Abasi, a Local Government sharing boundary with Rivers State, to
make payment after stopping at the Court in Mkpatenin for
assessment or specification of the filing fee. The lawyer can also
decide to file at Abak. Abak is also many miles away from
Mkpatenin.
Some spend the whole day for filing of processes as they have to
first of all travel to the court, have their processes assessed
before traveling to the bank to make payment and then return to the
court for endorsements and issuance of receipt.
Lawyers have complained and are still bitterly that this process
is incompatible with Law practice. They have suggested that rather
than subject lawyers and litigants to the above procedure, PoS
machines should be provided at the various courts for ease of
payment. They have also suggested that at least one or two staff of
the banks should be deployed to the registries of the courts to
save lawyers the stress of having to travel to the banks for
payment of filing fees.
Other lawyers have complained that even when they send their
secretaries to do the filing, their offices suffer when a critical
staff such as the secretary is absent from chambers and waiting at
the cue for many hours for payment of filing fees.
The situation is so bad that is has negatively affected law
practice in the State.
When contacted for her comment, a staff of the court, who
pleaded for anonymity, informed our correspondent that it difficult
to understand why lawyers, who are themselves defenders of others
can allow themselves to be subjected to this excruciating and
highly incompatible filing procedure for more than a year now
without anyone raising a finger to call on government to ease the
cumbersome procedure.
The lawyers are calling on the authorities to help them resolve
the challenges.
Lawyers in Akwa Ibom State, have lamented the unfavorable and
grossly incompatible procedure introduced by the present
administration for the filing of processes meant to be used in
courts across the State.
For more than a year now, any lawyer who has a process to file
in court must first of all, travel to the registry of the court for
assessment of the filing fees before proceeding to the bank for
payment of the fees as assessed. After making the payment at the
bank, the lawyer is expected to return to the registry with a
printout as evidence of payment.
The printout is submitted to officials of the registry who then
issue receipt to the lawyer. The process sought to be filed is then
endorsed with the use of carbonated papers by another officer of
the registry before it is certified fit for judicial purposes.
This process can take as long as three hours, and sometimes, the
whole day, especially if there is network fluctuation at the
banks.
TheNigerialawyer’s correspondent in Uyo, the capital of Akwa
Ibom State has observed that there are no banks located within the
premises of the High Court Complex in Uyo. Lawyers have to go to
the Plaza area of the State or the Banking Layout at Udo Udoma
Avenue or faraway Aka Road to make the payment, irrespective of how
small the amount is. In a chat with one of the lawyers from the Uyo
he gave an illustration as to what they go through before processes
are filed.
According to him “For instance, a lawyer who wishes to file a
counter affidavit, without more, has to pay about Six Hundred Naira
from the judiciary headquarters to the Banking Layout for payment
of the cost of filing of the affidavit which is officially assessed
at the cost One Hundred Naira.
The same goes for processes meant for the Magistrates Courts
located at the FULGA Street, Uyo. Non of the banks designated for
collection of the court fees is located within the premises of the
court as lawyers have to travel all the way to pay for filing of
processes.”
Kayode Ogun, a lawyer based in Lagos recently narrated his
experience to Thenigerialawyer. He informed our correspondent that
he had a fundamental rights matter in one of the High Courts in Uyo
where he appeared in defence of one of the respondents.
He said, two days before the matter was scheduled for hearing,
he flew into Uyo from Lagos, with the intention of filing his
counter affidavit and rejoinder on points of law and onward service
of same on the applicant’s counsel. On arrival at the registry of
the court, he was informed that he has to go to the bank to pay the
sum of Three Hundred and Fifty Naira and then return with a
printout.
Kayode stated further that he asked if there was any bank within
the premises of the court and was surprised to hear there was non.
He asked if there is any POS machine in the court to enable him pay
with his ATM card but he was further informed there is non.
Kayode then chartered a taxi to the bank for payment of the
money. On reaching the bank, the payment platform was down and he
waited in the cue for several hours to no avail.
At about 3pm, the bank official advised he should go back and
return the following day. Kayode returned to his hotel room in
extreme frustration.
He returned the following day and was only able to pay after
spending not less than four hours in the bank.
The situation is worst at the courts outside the headquarters.
In some Local Government Areas where there are no banks such as
Mkpatenin, Oruk Anam, Etim Ekpo, Ukanafun, etc, lawyers are
expected to travel, many kilometers to the State Capital or any
other local government Area where there is a designated bank for
payment of filing fees.
Lawyers in Mkpatenin for instance will have to travel to Ikot
Abasi, a Local Government sharing boundary with Rivers State, to
make payment after stopping at the Court in Mkpatenin for
assessment or specification of the filing fee. The lawyer can also
decide to file at Abak. Abak is also many miles away from
Mkpatenin.
Some spend the whole day for filing of processes as they have to
first of all travel to the court, have their processes assessed
before traveling to the bank to make payment and then return to the
court for endorsements and issuance of receipt.
Lawyers have complained and are still bitterly that this process
is incompatible with Law practice. They have suggested that rather
than subject lawyers and litigants to the above procedure, PoS
machines should be provided at the various courts for ease of
payment. They have also suggested that at least one or two staff of
the banks should be deployed to the registries of the courts to
save lawyers the stress of having to travel to the banks for
payment of filing fees.
Other lawyers have complained that even when they send their
secretaries to do the filing, their offices suffer when a critical
staff such as the secretary is absent from chambers and waiting at
the cue for many hours for payment of filing fees.
The situation is so bad that is has negatively affected law
practice in the State.
When contacted for her comment, a staff of the court, who
pleaded for anonymity, informed our correspondent that it difficult
to understand why lawyers, who are themselves defenders of others
can allow themselves to be subjected to this excruciating and
highly incompatible filing procedure for more than a year now
without anyone raising a finger to call on government to ease the
cumbersome procedure.
The lawyers are calling on the authorities to help them resolve
the challenges.