Federal High Court has revived payment of monetary claims and default fees in cases bordering on fundamental human rights.

TheNigerialawyer recalls that the Federal High Court had in a circular titled ‘Re; Monetary claims and default fees in fundamental right applications’ informed all deputy chief registrars and station registrars of the of scrapping of default fees in FREP matters.

“I have been directed by the chief judge of the federal high court, Hon. justice J. T. Tsoho to inform all DCRs (deputy chief registrars) and station registrars that henceforth, monetary claims and default fees in respect of fundamental human right applications should no longer be charged. Be so informed and comply accordingly,” the notice read.

However, the Chief Judge of the Federal High Court, Hon. Justice T. Tsoho, has in a new Practice dated 26th of October, 2021 revived payments of default fees.

The new Practice Direction reads, “In exercise of the powers conferred on me by Order 57 Rule 3 of the Federal High Court (Civil Procedure) Rules 2019, I, John Terhemba Tsoho, The Honourable, The Chief Judge of the Federal High Court of Nigeria hereby make the following Practice Directions for the Federal High Court of Nigeria for matters pertaining to or arising from default in filing of processes under the Fundamental Rights (Enforcement Procedure) Rules 2009.

“ORDER I OBJECTIVES
These Practice Directions shall-
1. Save to the extent or as may be directed by The Honourable, The Chief Judge, apply to applications for the enforcement of fundamental rights.
2. Ensure the implementation of the objective of expeditious determination of matters concerning fundamental rights enforcement applications.
3. Ensure that processes filed under the Fundamental Rights (Enforcement Procedure) Rules, 2009 comply with the provisions of Order 48 Rule 4 of the Federal High Court (Civil Procedure) Rules, 2019, on payment of default fees for late filing as provided for by Order XV Rule 4 of the Fundamental Rights (Enforcement Procedure) Rules, 2009.

“ORDER II PAYMENT OF DEFAULT FEES
1. Any process filed outside the time provided for in the Fundamental Rights (Enforcement Procedure) Rules, 2009, shall be liable to default fees as provided in Order 48 Rule 4 of the Federal High Court (Civil Procedure) Rules, 2019.
2. The directive in the circular letter issued by this Court on the 12th day of February, 2021 exempting the payment of default February on late filing of processes in Fundamental Rights applications is hereby rescinded.

“CITATION
These Practice Directions shall be cited as the Federal High Court of Nigeria (Payment of Default Fees on Late filing of Fundamental Rights Enforcement Processes) Practice Directions, 2021.”

The Practice Direction shall take effect from October 26, 2021.

“These Practice Directions shall come into effect from the 26th day of October, 2021. Dated this . 26th day of October, 202” it reads.

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