Supreme Court Empowered Since 2012 To Order Lawyers’ Cost Payment — Falana SAN
Foremost human rights lawyer Femi Falana SAN has undertaken a review of the Supreme Court’s authority to order lawyers to personally bear costs.
This follows intense debate sparked by recent punitive cost awards like that imposed on Chief Mike Ozekhome SAN.
In an analytical statement released Sunday, Falana disclosed findings from studying Supreme Court rules, practice directions and the Constitution.
He confirmed that since a June 2012 Practice Direction by former Chief Justice Dahiru Musdapha, the apex court has held explicit powers under Section 236 of the 1999 Constitution (as amended) to mandate payment of costs by legal practitioners directly in appropriate civil appeal cases.
The senior advocate however advocated for costs to be levied judiciously, especially given harsh economic realities. He advised that the majority of lawyers cannot afford excessive amounts between N30 million to N40 million, and so awards should be measured.
Additionally, Falana pressed for court procedures ensuring fair hearing for affected counsels through representations before costs are decided. Where one lawyer’s conduct is called into question by a colleague on opposing side, opportunities must be given to respond to allegations of process abuse.
While affirming the Supreme Court’s authority in assessing lawyers costs, the respected analyst thus urged prudent exercise of discretion, proportionate sanctions and observance of due process guarantees.
As debate continues within the profession on this issue, many anticipate potential practice direction adjustments from the Chief Justice of Nigeria regarding cost levels and payment procedures going forward.
