A human rights group, the Centre for Human Rights and Anti-Corruption Crusade (CHURAC), has instituted a legal action against the Chief Judge of the Federal High Court of Nigeria, Hon Justice John Terhemba Tsoho.

The suit with No: FHC/WR/CS/116/2021 is between the Registered Trustees of the Centre for Human Rights and Anti-Corruption Crusade and Chief Judge of the Federal High Court of Nigeria.

According to the details of the suit, the group, which instituted the action at the Federal High Court, Warri Judicial Division on November 10, 2021, challenged the Chief Judge over the new Practice Directions he made for the payment of default fees in fundamental rights proceedings on October 26, 2021.

The suit is meant to clarify whether by the combined reading of Section 46(3) of the 1999 Constitution of Federal Republic of Nigeria (as amended), Order XV Rule 4 of the Fundamental Rights (Enforcement Procedures) Rules 2009, Order 48 Rule 4 and Order 57 Rule 3 of Federal High Court (Civil Procedure) Rules 2019, the defendant had the constitutional power and authority to make and/or issue the Federal High Court of Nigeria (Payment of Default Fees on Late Filing of Fundamental Rights Enforcement Court Processes) Practice Directions, 2021.

The suit was also meant to clarify whether by the community reading of Section 46(3) of the 1999 Constitution of Federal Republic of Nigeria (as amended) and Order 57 Rule 3 of Federal High Court (Civil Procedure) Rules 2019, the defendant did not act ultra vires in his powers when he issued the Federal High Court of Nigeria (Payment of Default Fees on Late Filing of Fundamental Rights Enforcement Court Processes) Practice Directions, 2021.

The court was also asked to determine whether there was any legal basis to resort to the Federal High Court (Civil Procedure) Rules 2019 and the Federal High Court of Nigeria (Payment of Default Fees on Late Filing of Fundamental Rights Enforcement Court Processes) Practice Directions, 2021 on payment of fees for the filing of actions and processes in a fundamental rights enforcement proceedings, when the issue of fees had been adequately provided for by Fundamental Rights (Enforcement Procedure) Rules 2009.

The court would also determine whether the Federal High Court of Nigeria (Payment of Default Fees on Late Filing of Fundamental Rights Enforcement Court Processes) Practice Directions, 2021 was a valid Rules of Court contemplated by Order XV Rule 4 of the Fundamental Rights (Enforcement Procedure) Rules 2009 on matters of fees in fundamental rights actions when the Federal High Court (Civil Procedure) Rules 2019 made no provision for it.

The court was also asked to determine whether, by the combined reading of Sections 1(3) and 46(3) of the 1999 Constitution of Federal Republic of Nigeria (as amended), the Federal High Court of Nigeria (Payment of Default Fees on Late Filing of Fundamental Rights Enforcement Court Processes) Practice Directions, 2021 is not violently inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and should, therefore, be declared null and void to the extent that it purports to regulate the fees payable in human rights proceedings.
However, no date had been fixed for the hearing of the case.

Courtesy (excluding headline) Sunday Independent

Update news