Order 5 Supreme Court Rules

Order 5 of the Supreme Court Rules 2024 is about Fees. It contains the following rules:

Order 5 Rule 1 Supreme Court Rules 2024 – Fees generally

(1) Subject to the provisions of these Rules, the fees set out in the Second Schedule hereto shall be payable in respect of the matters to which they relate and shall be paid to the Registrar of the Court.

(2) The Chief Justice shall, from time to Lime, issue an amended Schedule of fees as the Chief Justice may deem appropriate.

Order 5 Rule 2 Supreme Court Rules 2024 – Exemption from fees for Government

No fee shall be payable in respect of any matter whore such fee would be payable by the Government of the Federal Republic of Nigeria or of a State or Local Government or any Government Department or agency.

Order 5 Rule 3 Supreme Court Rules 2024 – Fees in Proceedings by poor persons

(1) Any party may apply to the Conn for leave to prosecute or defend an appeal as a poor person and such application shall be by notice of motion, supported by affidavit, and shall be served on the other party or parties to the proceedings. No fees shall be payable on filing any such application.

(2) No party shall be permitted to proceed as a poor person unless he has satisfied the Court that he has a reasonable probability of success.

Effect of leave
(3) A person permitted to proceed as a poor person shall not be liable to pay any of the Court fees prescribed by these Rules nor shall he be required to make any deposit or to give security for costs.

(4) Where the Court grams leave to a party under these Rules, the Chief Justice or any Justice so designated shall assign a Lega! Practitioner io that party.

(5) The Court may for good cause shown, review, rescind or vary an order permitting any person to proceed as a poor person.

(6) The Court may, on account of the poverty of any party (although such party’ may not have been formally permitted to proceed as a poor person under this Rule) or for other sufficient reason, dispense, if it deems fit, with payment of any fees, if the circumstances of the case so require:

Provided that if such party succeeds in any appeal which results in an order for payment io him of any- costs, the Court may order that such fees shall be a first charge on any money recovered or to be recovered under such order.

(7) No fee shall be payable by an Appellant in capital offences or where an Appellant is granted legal aid.

Application of Order 5
(8) Except as otherwise stated in this Order, or the context so admits, this Order shall apply to all matters whether civil or criminal.