Court Awards 20,000 Naira Costs Against the Attorney-General in Public Interest Suit

Earlier today, the Honourable Justice M O Olajuwon, of the Federal High Court Abuja (Court 8) slammed a twenty thousand naira cost on the attorney-general in the matter of Sesugh Akume v Attorney-General of the Federation, with suit number FHC/ABJ/CS/43/2021.

In this matter, wechallenge section 84 Sheriffs and Civil Procedure Act (SCPA) 2004,asking the court to determine whether it makes meaning, whether it is lawful for the law to provide that after a person wins a case against the government where it is to pay, and such a person (the judgement creditor) is required to go to the same government (specifically to the attorney-general of the state or the federation) to get consent before a valid court order is obeyed? Whether doing so does not put the court under the attorney-general to decide whether or not to obey a valid court order? Etc.We ask the court to nullify such an unconstitutional, obnoxious, and vexatious provision of the SCPA 2004.

The Office of the Attorney-General responded that I do not have the locus standi (the right to sue) in this matter; that the provision is constitutional, etc.

After several adjournments to hear the case, it came up for hearing today (adoption of written notices). Instead of going on with the case as slated and closing it to await the judgement, our lawyer, the erudite J I Gbim-Gbande Esq., graciously notified the court that the respondent had a process to regularise.

The respondent (the attorney-general) was served the court processes since March 2021 and they did not respond within the 30 days allowed. Having filed out of time they more or less have nothing before the court. The opportunity our attorney gave them was to correct this defect.

The respondent’s counsel had not paid attention to this until it was pointed out. They therefore asked for time to put their house in order.

Whereas our counsel did not oppose adjourning the matter for them to correct the defect, he asked for a modest 200,000 naira in punitive costs, on the grounds that the attorney-general as leader of the bar in Nigeria and chief law officer cannot be sloppy to the extent of not respecting the court by answering to suits as and when due, and not pursue cases diligently, it is a betrayal of public trust and of high office.

Opposing counsel countered this on untenable grounds. The court awarded 20,000 naira in costs.

The matter was been adjourned to 12 October for hearing.

Sesugh Akume

20June 2022

Abuja