Group Writes CJ, FHC, Demands End To Extortion By Bailiffs For Service Of Process Outside Jurisdiction

— Suggests NIC model of using courier services
— Says extortion hampering access to justice

The Non-governmental organization, Prisoners’ Rights Advocacy
Initiative has urged the Chief Judge of the Federal High Court, to
consider overhauling the entire bailiff section of the court due to
alleged wanton corruption and extortion currently plaguing that
section of the court.

In a letter made available to Nairalaw but addressed to
the Chief Judge of the Court, the NGO noted that on numerous
occasions it has been compelled to pay outrageous fees in other to
serve process outside Jurisdiction, and this has greatly hampered
the administration of Justice, especially when considered in light
of the pro bono services it renders as an NGO to indigent persons
[prisoners].

The said letter which is titled ‘COMPLAINT ABOUT THE
PROHIBITIVE CHARGES FOR SERVICE OUTSIDE JURISDICTION BY BAILIFFS OF
THE FEDERAL HIGH COURT AND A CALL FOR A MORE STRUCTURED,
TRANSPARENT AND USER-FRIENDLY APPROACH’ and signed by
the executive director of the organization, Mr. Ahmed
Adetola-Kazeem, noted that although most times the excuse given for
such outrageous fees boarders on the transportation to be done,
howbeit, on numerous occasions, the bailiffs do not themselves
travel but rather opt for a courrier service in order to deliver
the processes.

The NGO further urged the Chief Judge to consider the system as
operational at the National Industrial Court, in other to checkmate
the waton extortion.

See below the full letter:

18th March 2021

The Chief Judge
Federal High Court
FCT, Abuja

Dear Sir

COMPLAINT ABOUT THE PROHIBITIVE CHARGES FOR SERVICE
OUTSIDE JURISDICTION BY BAILIFFS OF THE FEDERAL HIGH COURT AND A
CALL FOR A MORE STRUCTURED, TRANSPARENT AND USER-FRIENDLY
APPROACH

Prisoners’ Rights Advocacy Initiative (PRAI) is a
Non-governmental Organization offering pro bono legal services to
indigent Inmates and detainees across the country.
We write this letter to bring to your lordship’s notice the
extortionist tendencies and the apparent lack of proper regulation
of the bailiff section of the Federal High Court. The section has
been charging prohibitive amount for service of processes outside
the state of filing. We have been a victim of this anomaly which is
indirectly an act of denial of access to justice to indigents we
represent and likely to represent.

As an NGO we have cause to regularly file Fundamental Rights
Application on behalf of indigents whose right to Freedom of
Liberty has been breached and have been victims of inhuman and
degrading treatment. We are currently handling two matters before
the Lagos division of the court where we represent scores of
inmates. In Suit No. FHC/L/CS/2297/19- The Incorporated Trustees of
Prisoners’ Rights Advocacy Initiative V. The Federal Government of
Nigeria & Ors, we sued on behalf of 3113 inmates of Ikoyi Custodial
Centre on the inhuman and degrading treatment of inmates and
failure of the authorities to apply the provisions of section 12(4)
of the Nigeria Correctional Services Act which seeks to combat
overcrowding in the facilities. In Suit No. FHC/L/CS/166/2021- The
Incorporated Trustees of Prisoners’ Rights Advocacy Initiative V.
Attorney General of The Federation & 3 Ors, we sued on behalf of
101 inmates of Kirikiri Medium and maximum Correctional Centres who
have been behind bars for 12 years without trial.

Our observation is that the Bailiff section is not properly
regulated and charges for service outside the state of filing is
arbitrary and at the whims and caprices of the respective bailiffs.
The section has been made susceptible to corruption and we have
been victim on many occasions.

In Suit No. FHC/L/CS/2297/19 we were made to pay N35, 000 in the
first instance for service of originating processes in Abuja and
another N30,000 for the issuance of hearing notices to parties who
were absent on the initial date fixed for hearing.

In Suit No. FHC/L/CS/166/2021 after a lot of plea, we paid
N28,000 to the bailiff and we are been asked to pay N25,000 for
service of hearing notices for the hearing coming up on the 19th of
April 2021.

This trend is not new and not peculiar to Lagos Division. In
2014 we filed Suit No. FHC/AB/CS/84/2014- Abdul-Ganniy Jimoh and
Anor V. DSS & Ors, in Abeokuta division on behalf of a cleric
detained by the Department of State Services for over a year
without trial. We paid N30,000 in the first instance and was made
to pay N30,000 for service of hearing notice.

The bailiffs always claim that the charges are high because they
have to physically travel by bus to Abuja to serve the respective
agencies sued as defendants, we find this very absurd. We know for
a fact that most of them do not travel but either send the
processes to their colleagues through courier services or through
transport services plying Lagos-Abuja route.

My lord, we are appealing that the activities of the Bailiff
Section of the court be reviewed and appropriate reforms made. We
shall be recommending the system adopted by the National Industrial
Court to the Federal High Court.

The National Industrial Court engaged the services of courier
companies to serve outside the state of filing and to serve a
process from Lagos to Abuja is N3,570, Ogun State to Abuja is
N4988. We have attached a comprehensive list of cost of service to
all states of the Federation from the FCT for your information.

In summary our concerns are:
1. High cost of service of processes outside the state of filing at
the Federal High Court.
2. Lack of fixed cost of service of processes outside the state of
filing at the Federal High Court.
3. Arbitrary fixing of bogus cost of service by bailiffs and
corruption within the Bailiff Section.
4. Absence of standard procedures and monitoring of activities of
the Bailiff Section.

Our recommendations are:
1. An overhaul of the Bailiff Section of the Federal High
Court.
2. Engagement of Courier Companies for the service of processes
outside the state of filing and pasting the list of cost of service
to all states across the federation conspicuously at the registries
of the court.
3. A drastic reduction in service fees to foster access to
justice.
4. Having a standard procedure for the activities of the Bailiff
Section.
5. Adequate monitoring of staff of the Bailiff Section and issuing
appropriate sanctions to errant members of staff of the
section.

We urge your lordship to act on this very important issue
swiftly. We have no doubt that if this is achieved under your
Lordship’s leadership, your good name will be etched in Gold.

Your faithfully,

Ahmed Adetola-Kazeem
Executive Director, Prisoners’ Rights Advocacy
Initiative

— Suggests NIC model of using courier services
— Says extortion hampering access to justice

The Non-governmental organization, Prisoners’ Rights Advocacy
Initiative has urged the Chief Judge of the Federal High Court, to
consider overhauling the entire bailiff section of the court due to
alleged wanton corruption and extortion currently plaguing that
section of the court.

In a letter made available to Nairalaw but addressed to
the Chief Judge of the Court, the NGO noted that on numerous
occasions it has been compelled to pay outrageous fees in other to
serve process outside Jurisdiction, and this has greatly hampered
the administration of Justice, especially when considered in light
of the pro bono services it renders as an NGO to indigent persons
[prisoners].

The said letter which is titled ‘COMPLAINT ABOUT THE
PROHIBITIVE CHARGES FOR SERVICE OUTSIDE JURISDICTION BY BAILIFFS OF
THE FEDERAL HIGH COURT AND A CALL FOR A MORE STRUCTURED,
TRANSPARENT AND USER-FRIENDLY APPROACH’ and signed by
the executive director of the organization, Mr. Ahmed
Adetola-Kazeem, noted that although most times the excuse given for
such outrageous fees boarders on the transportation to be done,
howbeit, on numerous occasions, the bailiffs do not themselves
travel but rather opt for a courrier service in order to deliver
the processes.

The NGO further urged the Chief Judge to consider the system as
operational at the National Industrial Court, in other to checkmate
the waton extortion.

See below the full letter:

18th March 2021

The Chief Judge
Federal High Court
FCT, Abuja

Dear Sir

COMPLAINT ABOUT THE PROHIBITIVE CHARGES FOR SERVICE
OUTSIDE JURISDICTION BY BAILIFFS OF THE FEDERAL HIGH COURT AND A
CALL FOR A MORE STRUCTURED, TRANSPARENT AND USER-FRIENDLY
APPROACH

Prisoners’ Rights Advocacy Initiative (PRAI) is a
Non-governmental Organization offering pro bono legal services to
indigent Inmates and detainees across the country.
We write this letter to bring to your lordship’s notice the
extortionist tendencies and the apparent lack of proper regulation
of the bailiff section of the Federal High Court. The section has
been charging prohibitive amount for service of processes outside
the state of filing. We have been a victim of this anomaly which is
indirectly an act of denial of access to justice to indigents we
represent and likely to represent.

As an NGO we have cause to regularly file Fundamental Rights
Application on behalf of indigents whose right to Freedom of
Liberty has been breached and have been victims of inhuman and
degrading treatment. We are currently handling two matters before
the Lagos division of the court where we represent scores of
inmates. In Suit No. FHC/L/CS/2297/19- The Incorporated Trustees of
Prisoners’ Rights Advocacy Initiative V. The Federal Government of
Nigeria & Ors, we sued on behalf of 3113 inmates of Ikoyi Custodial
Centre on the inhuman and degrading treatment of inmates and
failure of the authorities to apply the provisions of section 12(4)
of the Nigeria Correctional Services Act which seeks to combat
overcrowding in the facilities. In Suit No. FHC/L/CS/166/2021- The
Incorporated Trustees of Prisoners’ Rights Advocacy Initiative V.
Attorney General of The Federation & 3 Ors, we sued on behalf of
101 inmates of Kirikiri Medium and maximum Correctional Centres who
have been behind bars for 12 years without trial.

Our observation is that the Bailiff section is not properly
regulated and charges for service outside the state of filing is
arbitrary and at the whims and caprices of the respective bailiffs.
The section has been made susceptible to corruption and we have
been victim on many occasions.

In Suit No. FHC/L/CS/2297/19 we were made to pay N35, 000 in the
first instance for service of originating processes in Abuja and
another N30,000 for the issuance of hearing notices to parties who
were absent on the initial date fixed for hearing.

In Suit No. FHC/L/CS/166/2021 after a lot of plea, we paid
N28,000 to the bailiff and we are been asked to pay N25,000 for
service of hearing notices for the hearing coming up on the 19th of
April 2021.

This trend is not new and not peculiar to Lagos Division. In
2014 we filed Suit No. FHC/AB/CS/84/2014- Abdul-Ganniy Jimoh and
Anor V. DSS & Ors, in Abeokuta division on behalf of a cleric
detained by the Department of State Services for over a year
without trial. We paid N30,000 in the first instance and was made
to pay N30,000 for service of hearing notice.

The bailiffs always claim that the charges are high because they
have to physically travel by bus to Abuja to serve the respective
agencies sued as defendants, we find this very absurd. We know for
a fact that most of them do not travel but either send the
processes to their colleagues through courier services or through
transport services plying Lagos-Abuja route.

My lord, we are appealing that the activities of the Bailiff
Section of the court be reviewed and appropriate reforms made. We
shall be recommending the system adopted by the National Industrial
Court to the Federal High Court.

The National Industrial Court engaged the services of courier
companies to serve outside the state of filing and to serve a
process from Lagos to Abuja is N3,570, Ogun State to Abuja is
N4988. We have attached a comprehensive list of cost of service to
all states of the Federation from the FCT for your information.

In summary our concerns are:
1. High cost of service of processes outside the state of filing at
the Federal High Court.
2. Lack of fixed cost of service of processes outside the state of
filing at the Federal High Court.
3. Arbitrary fixing of bogus cost of service by bailiffs and
corruption within the Bailiff Section.
4. Absence of standard procedures and monitoring of activities of
the Bailiff Section.

Our recommendations are:
1. An overhaul of the Bailiff Section of the Federal High
Court.
2. Engagement of Courier Companies for the service of processes
outside the state of filing and pasting the list of cost of service
to all states across the federation conspicuously at the registries
of the court.
3. A drastic reduction in service fees to foster access to
justice.
4. Having a standard procedure for the activities of the Bailiff
Section.
5. Adequate monitoring of staff of the Bailiff Section and issuing
appropriate sanctions to errant members of staff of the
section.

We urge your lordship to act on this very important issue
swiftly. We have no doubt that if this is achieved under your
Lordship’s leadership, your good name will be etched in Gold.

Your faithfully,

Ahmed Adetola-Kazeem
Executive Director, Prisoners’ Rights Advocacy
Initiative