Nigeria: Court Stops Kano Govt From Charging Litigants Exorbitant Filing Fees - Official

Plaintiff says the judgement will improve access to justice for low-income litigants across the state.

The Kano State High Court has stopped the state government from charging litigants fees higher than stipulated in the constitution.

The court delivered the decision in a suit filed by Yusha'u Yakuzo of the Centre for Human Rights and Social Advancement (CEFSAN) against the state government and two others over unconstitutional high charges by the courts.

Mr Yakuzo, a lawyer, announced the development in a statement on Monday.

"This is a suit we filed against the Kano State Government and Kano State Judiciary dated 10th day of February 2022 over the exorbitant filing fees charged by the Kano State Judiciary in the enforcement of fundamental rights cases.

"After two years of litigation, the Kano State High Court No. 2, presided over by Hon. Justice Yusuf Ubale delivered its judgement on the 2nd day of April 2024 in our favour.

"The court declared that the act of charging fees in Enforcement of Fundamental Rights Suits by the Kano State High Court under Kano State Legal Notice No. 2 of 2019 in total contravention of Appendix A of the Fundamental Rights (Enforcement Procedure) Rules, 2009 is illegal, unconstitutional and null and void," Mr Yankuzo's statement said.

According to the statement, the court also granted a perpetual order of injunction restraining the Kano State Government and Kano State Judiciary from charging or receiving any filing fees in the enforcement of fundamental rights suits contrary to those stipulated under Appendix A of the Fundamental Rights (Enforcement Procedure) Rules, 2009.

Thus, this judgement implies that the Kano State Judiciary will now start charging N100 per Motion on Notice or Exparte as against the former fees of N3,000 per motion, he added.

He said the judgement will improve access to justice for low-income litigants across the state.

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