Lagos Assembly moves to review high court fees, stakeholders kick

The Lagos State House of Assembly on Friday moved to review the
High Court of Lagos State fees to make them conform to current
realities in justice dispensation.

Many, especially members of the Nigerian Bar Association (NBA),
however, disagreed with Lagos State High Court at the Stakeholders’
Meeting on the High Court of Lagos (Fees) Rules, 2018.

Journalists gathered that the meeting was organised by the House
Committee on Judiciary, Human Rights, Public Petitions and LASIEC,
headed by Mr Tunde Braimoh (APC-Kosofe II).

Prince Dele Oloke, the Chairman, NBA, Ikeja Branch said that the
proposed plan to review the fees would further hinder dispensation
of justice for the ordinary masses.

He said that High Courts were for the poor and the rich, and
high fees would discourage poor litigants.

“Yes, there is the need for us to collect fees to generate
revenue to the court but justice must not be purchased. When the
masses cannot access justice because of the schedule of fees,
society degenerates into anarchy,” Oloke said.

He alleged that the judiciary had since been collecting the
proposed fees from members of the public, expressing his
displeasure to the development.

“For us, if fees have been taken without the concurrence of the
house of assembly in spite of the instance of the extant law on
regulations in Lagos State, it speaks volumes.

“If we say we pass these suggested fees now into law, are we
going to ask the judiciary to return the money collected from
litigants before?

“Ikeja Branch of NBA will not support these fees as it’s
presented and our suggestion will be later presented in a
memorandum to be sent to the House,’’ Oloke said.

According to him, some lawyers come to court for a fee as low as
N6, 000 and sometimes pro bono.

In his contribution, Mr Tope Alabi, a legal practitioner, said
that the reviewed fees, if allowed, would affect dispensation of
quality justice.

Alabi urged the lawmakers to look at other areas to generate
revenue for the court rather than putting the burden on the already
suffering masses seeking justice.

“I notice 1000 per cent increment in the review. We need to look
at it. High Court in Lagos is nearer to the people more than
others.

“Lagos state can still generate billions in other places; leave
judiciary alone, if the review is carried out, it will be a clog on
the wheel of dispensing quality justice,’’ he said.

Responding, the Chief Registrar of High Court of Lagos State,
Mrs Taiwo Olatokun, said that the new fees being introduced were
not exorbitant.

Olatokun said those increases were to discourage speculative and
frivolous claims by some litigants.

“These increments are not unreasonable, they are in line with
the realities,’’ she said.

The registrar said that those who could not meet the cost of
justice had been taken care of under the High Court Rules.

Earlier, Braimoh, the Chairman of the House Committee and a
legal practitioner, said that the regulations would in so many ways
be advantageous to the state and administration of justice.

Braimoh, who noted that the bill for the review of fees
chargeable in the high court was sent by the judiciary, said the
House would not in any way succumb to any permutation where justice
would be for sale.

“Justice is not for sale, but in the course of dispensing
justice, there must be some maintenance costs that are incidental
to the discharge of the functions of the judiciary.

“We will grant Judiciary its needs and not their wants.
Judiciary is providing some services and that is a need to run
their services.

“Though we don’t expect the people to pay for those services
really, at least people should be contributory to the dispensation
of those services,’’ Braimoh said.

Overviewing the bill, Mr Sanai Agunbiade, the Majority Leader of
the House, said the bill was seeking to prescribe fees to be used
in the Lagos State High Court as well as repeal the extant High
Court (fees) Rules, 2001.

According to Agunbiade, the bill has 30 sections and two
schedules.

Earlier, in his keynote address, the Speaker of the House, Mr
Mudashiru Obasa, represented by his deputy, Mr Waaiu
Eshinlokun-Sanni, said the House would do all in the best interest
of the state.

“Judiciary must survive. There must be justice and government
must be humane in all issues as it affects the populace, we will
look at this regime of fees.

“I assure you that the committee would do a lot on this to
ensure that justice is affordable and accessible. This house will
do the needful and justice to this regime of fees,’’ the speaker
said.

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 FG to Govs: Implement Financial Autonomy to State
Assemblies, Judiciary

Honourable Attorney- General of the Federation and Minister of
Justice Abubakar Malami (SAN) has charged the states to undertake
the initiative to implement financial autonomy for state
legislature and judiciary as provided by the Nigerian
Constitution.

He gave the charge in his welcome address at a two-day retreat
on Strategies and Modalities for the Implementation of Financial
Autonomy of the State Legislature and State Judiciary organized by
the Presidential Implementation Committee on Autonomy of the State
Legislature and State Judiciary, on Thursday, May 16th, 2019 in
Abuja

Malami, the Chairman of the Committee was represented by the
Senior Special Assistant to the President on National Assembly
Matters/Secretary of the Committee, Senator Ita Enang.

According to him, ‘’the report and recommendation of the retreat
will be submitted to President Muhammadu Buhari, GCFR and
implementation at the State level will start immediately in the
next one-week after the resolution of the retreat”.

He explained that the outcome of the reform will enable the
judiciary to deliver judgment without fear or favor. The allocation
due to the Judiciary would be paid to the Judiciary account
directly while that of the legislature would also be paid to
legislature account directly.

He commended the large turnout of participants at the Conference
noting that 34 Chief Judges, 31 Speakers were physically present
while others were represented.

Deputy Senate President Prof. Ike Ekweremadu, said although the
State Assembly rejected financial Autonomy for themselves in 2010
even when they put it on NASS and INEC, adding that it is an
acronym that State Legislature has accepted their financial
autonomy same for the judiciary.

He noted that as a successfully plan put arms on First-Line
charges to the Consultative fund of the State; he is of the belief
that the facts have been strengthened to better execute their
Constitutional mandates without fear or favor.

Ekweremadu explained that the whole essence of Constitutional
efforts by the National Assembly (NASS) has always been to
strengthen the Institutions of Democracy, promote good governance
and hasten National Development.

‘’Every arm of government needs adequate autonomy to deliver its
Constitutional responsibilities, sadly the Local Governments joint
accounts was rejected by the State Houses of Assembly. Also, the
bill to strengthen L.G Administration as a tier of government by
preventing recognition at any L.G Council not democratically
elected preventing such unelected LG Council receiving allocation
from Federation Account ‘said Deputy Senate President.

Speaker, National Assembly Rt Hon.Yakubu Dogara in his good-will
message, noted that the alteration act of 2017 did not introduce
the concept of the first line charge to the judiciary as it already
existed in the constitution, it only introduced the financial
autonomy for state, legislature by merely substituting the
provision with the new provision by adding State House of
Assembly.

Dogara further added that for a robust and sound democracy,
Nigeria must reverse to the old Separation of Power, where there is
a full independence of the arms of government.

He advised that the Legislature and the Judiciary should not
work for the Executive but work with the Executive, adding that
without the independence of the judiciary and legislature,
democracy will be truncated.

Chairman Nigerian’s Governors Forum, Abdullaziz Yerima,
represented by Executive Governor of Bauchi State, Mohammed
Abubakar, in his goodwill message said the State Government are
collectively committed to the enthronement of a strong and vibrant
democracy in Nigeria and will work with Federal Government to
achieve the National Implementation Strategy and ultimately ensure
autonomy of the legislature and judiciary at the National
level.

In his vote of thanks, Solicitor-General of the Federation and
Permanent Secretary Dayo Apata said the Committee was inaugurated
by President Muhammadu Buhari on 22nd March, 2019 with three
months’ timeline to submit its report.

“Today, we are here to make a presentation after the President
came up with the initiative for the Committee to come up with this
kind of intervention”, he explained.

He stated that the intervention is essential for the physical
federalism of Nigeria and how it relates to the financial autonomy
of the state, legislature and the judiciary.

Dayo Apata thanked participants, adding that the large turnout
of attendance demonstrates their interest and passion in ensuring
that Nigeria is a better place as it relates to the physical
autonomy of the state, legislature, and the judiciary.

OGOCHUKWU IGBOAMALU

FOR: DD PRESS &PRU