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The Nigerian Bar Association, NBA, Ibadan Branch has given seven days notice to the Oyo State Judiciary to suspend or withdraw the provision of pre action protocol in Order 3 of the new Civil Rules over hike in various filing fees.
This notice was given in a letter seen by TheLoyal Nigerian Lawyer correspondent dated 4th November, 2023, and addressed to the Honourable Chief Judge, Hon. Justice Iyabo Subulade Yerima.
The letter was titled “Need to Suspend and/or Withdraw the Pre-action Protocol as Contained in Order 3 of Oyo State High Court (Civil Procedure) Rules 2022. And Practice Directions on Pre-action, Protocol Specific Claim, Review of Filing Fees and Other Adminsitrative Fees Payable to the Oyo State Judiciary.” reads:
The above subject matter refers
On behalf of the Executive Committee of the Nigerian Bar Association, Ibadan Branch. we humbly appreciate your Lordship for enhancing the cordial and harmonious relationship between the Bar and the Oyo State Judiciary since your Lordship assumed office as the Chief Judge of Oyo State.
My Lord Sir, we humbly write to bring it to your attention that, at the November Monthly General Meeting of the Nigerian Bar Association, Ibadan Branch held on 4th November. 2023 at the Aare Afe Babalola Bar Centre, lyaganku, Ibadan, the report of the Bar-Bench Forum meeting held with the leadership of the Oyo State Judiciary on the 31st day of October 2023 was considered by the General Meetng the highest decision making body of the Branch, and thereafter members of the Bar unanimously resolved that a Seven (7) Days’ Notice be given to the Judiciary to suspend and /or withdraw the Pre-Action Protocol provisions as Contained in Order 3 of the Oyo State High Court (Civil Procedure) Rutes 2022, and the Practice Direction on Pre-Action Protocol (Specific Claim). It was also resolved that if the Judiciary fails to suspend and /or withdraw the Pre-Action Protocol, the Bar will engage in total boycott of all the courts in Oyo State.
We hereby give the notice as resolved by the entire Bar. The reason for the Bar’s resolution is aptly captured in the fact that, the existence of the said Pre-Action Protocol now limits and hinders the Constitutional Right of the litigants and the Legal Practitioners to access the Court to seek legal redress.
We wish to place it on record that, the Bar also resolved at the said November monthly general meeting that the Oyo State Judiciary should as a matter of urgency consider a downward review of the prohibitive and exorbitant filing fees and other administrative charges enshrined in the new Oyo State High Court Civil Procedure Rules 2022 payable by courts’ users. Also, the recent increment in the fees for commissioning an Affidavit on the new E-Affidavit Platform put in place by the Oyo State Judiciary which was discovered to have been recently increased from NI,000 One Thousand, One Hundred Naira) to N2,500(Two Thousand, Five Hundred Naira) be reviewed downward.
It is in light of the foregoing that we are of the firm view that your Lordship would consider and give effect to the Bar’s demands as contained in this Notice to prevent an avoidable occurrence of courts’ boycott and other lawful means to press home the Bar’s demands if the Oyo State Judiciary fails to accede to the yearnings and demands of the Bar
Kindly accept the Bar’s highest professional regards.
Yours faithfully,
Folasade Aladeniyi Mrs.
Chairman
Olakunle Akintola, Esq.
Secretary
