Titiloye Charles & Anor. V. Governor Of Ondo State & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN J.C.A (Delivering the Leading Judgment)

By an originating summons dated 22/2/2010 filed before the High Court of Ondo State sitting at Akure, the appellants herein sought the determination of the following questions:

1. Whether by virtue of the Constitution of the Federal Republic of Nigeria, Ondo State High Court Rules, Ondo State Magistrate Court Rules, Ondo State Customary Court Rules, the Governor of Ondo State has the constitutional powers to make rules for practice and procedure and can increase court fees of Ondo State Judiciary.
2. Whether by virtue of the Constitution of the Federal Republic of Nigeria, Ondo State Judiciary is a revenue-generating ministry or agency under the supervision of the Governor of Ondo State and the Governor can direct or order the implementation of increment in court fees as contained in Exhibit A.

In the event that the above questions were determined in the negative they sought the following reliefs:

1. A declaration that by virtue of the Constitution of Federal Republic of Nigeria, 1999 the Governor of Ondo State has no Constitutional power and authority to make rules for practice and procedure for High Court of Ondo State and Ondo State Judiciary and or increase oath, affidavit and power of attorney fees payable in the registry of the courts in Ondo State.
2. A declaration that the increment in oath, affidavit and Power of Attorney fees of Ondo State Judiciary by the Governor of Ondo State on 9th of February 2011 which was contained in the circular of Chief Registrar of Ondo State dated 9th of February 2011 is illegal, unconstitutional, null and void.
3. A declaration that Ondo State judiciary is a separate organ of government and not a revenue generating agency or ministry under the supervision of the Governor of Ondo State and the governor of Ondo State has no constitutional powers to interfere in the court fees or rules of court made by the Chief Judge in exercise of his constitutional powers.
4. An order of perpetual injunction restraining the 3rd and 4th defendants jointly and severally from implementing or giving effect to the said increment of oath, affidavit and power of attorney fees by the Ondo State governor.

The circular that gave rise to the suit is attached to the supporting affidavit and marked Exhibit A. It reads:

“CROD/001/VOL.5/17

CHIEF REGISTRAR’S OFFICE,

HIGH COURT OF JUSTICE

AKURE.

9TH FEBRUARY 2011

CIRCULAR LETTER TO:

ALL REGISTRARS, SECTIONAL HEADS & STAFF

ONDO STATE JUDICIARY

INCREASE IN OATH, AFFIDAVIT AND POWERS OF ATTORNEY FEES

In line with the ongoing efforts of Mr. Governor to increase the revenue base of Ondo State, it is necessary to address the aspect of increasing oaths, affidavit and power of afforded fees in Ondo State judiciary with effect from 21st February 2011.