Ex-NBA Ikeja Chair, Ogunlana Brags Lagos CJ, Justice Opeyemi To Court For Increasing Filing Fee

The Lagos State Judiciary may enter year 2019 on a controversial
note as a former Chairman of the Nigerian Bar Association (NBA),
Ikeja branch, Mr Adesina Ogunlana on Wednesday filed a suit before
the Ikeja High Court challenging the powers of the Chief Judge of
the state, Justice Opeyemi Oke to increase filing fees with about
1000 percent.

The lawyers’ claim the Chief Judge with such rules as proposed
in the High Court Civil Procedure Rule 2018, is a declaration of
war against lawyers and will surely deny poor litigants’ access to
justice.

The claimant of the suit is the former chairman of the Nigerian
Bar Association (NBA), Ikeja Branch, Mr Adesina Ogunlana who has
lined up a team of lawyers to challenge the Chief Judge. They are
Dare Akande, Tajudeen Ibrahim, Yinka Farounbi, Adejare Kembi, and
Lateef Abdulsalam.
Joined with the Chief Judge as defendants is the Chief Registrar of
the High Court.

The group filed a motion on notice, and originating summons at
the registry of the Ikeja High Court on Thursday afternoon. The
suit bears number Temp/41648/201. The motion on notice seeks 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) Rules2018 or any other Rules of the High Court of
Lagos State, pending the determination of the suit.

In the originating summons, the lawyers seek the court to
determine the following issues:
Whether in the exercise of powers of the first defendant to make
Rules of Procedure for the High Court of Lagos State, the first
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);

Whether in the exercise of the powers of the first defendant to
make Rules of Procedures for the High Court of Lagos State in civil
matters, the first defendant can make rules which by reason of its
financial stipulates that have the effect of denying the ordinary
citizens of Nigeria public, easy and ready access to the High Court
of Lagos State for redress or otherwise reduce their greater
accessibility to the High Court of Lagos State;

Whether the first defendant being the Chief Judicial Officer of
Lagos State has any responsibility under the constitution of the
Federal Republic, which constitution she sworn to uphold, put in
place measures that guarantee easy and ready access to the High
Court of the State to citizens and residents of Nigeria in Lagos
State irrespective of their status, gender, class, financial
standing, education, religion etc for judicial resolution of
disputes;

Whether in the exercise of the powers of the first defendant to
make Rules of Procedure for the High Court of Lagos State, the
first defendant is at liberty to exclude consideration of the
socio-economic realities of Nigeria in general and of Lagos State
in particular considering the position of the judicial institution
as a pillar of society for peace, security, and orderliness;

Whether in the exercise of her powers, the first defendant can
contravene section 41 of the 1999 constitution of the Federal
Republic of Nigeria to make rules discriminatory of the legal
community and by the effect of such rules, declare a war on the
trade or act in disdain of the trade of members of the legal
community, to wit, legal practitioners;

Whether where in the exercise of the powers of the first
defendant to make Rules of Procedure for the High Court, the first
defendant rules imposing:

Minimum sum of N250,000:00 against counsel for unpreparedness to
open trial for whatever reason

The increment of late filing fees from N200.00 to N1,000:00 per
day

The upward review of general filing fees by 500-1000 per cent;
such rules or provisions can be said to be in consonance with the
constitution of the Federal Republic and guarantees easy and ready
access to the High Court of the state,

The lawyers therefore seek the following reliefs from the
court:

A declaration that the first defendant is duty bound in her
official capacity to act in accordance with the constitution of the
Federal Republic of Nigeria (1999 as amended).

A declaration that the first defendant in making rules for the
regulation and practice and procedures, and for such rules to be
lawful, valid, and binding, such rules must be in conformity with
the constitution of the Federal Republic of Nigeria.

A declaration that the proposed High Court that the proposed
High 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 N200.00 to
N1000.00 per day, and imposition of fees of N100,000.00 or
N250,000.00 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.

The suit is yet to be assigned to a judge.

Culled from thegavel

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