JOHN OKORO (APPELLANT)
THE INSPECTOR-GENERAL OF POLICE (RESPONDENT)
(1964) All N.L.R. 445
Division: High Court, Lagos
Date of Judgment: 28th January, 1964
Case Number: M/6/64
Before:Onyeama, Ag. C.J.
The appellant brought the application seeking an Order of the High Court, in its appellate jurisdiction, to remit the fees payable by him under Order II, rule 3 of the High Court of Lagos (Appeals) Rules, Cap. 80.
The High Court has no jurisdiction to hear the application since the power to remit fees under Order II, rule 3 is expressly reserved to the Magistrate who is allowed a discretion in the matter.
Application struck out for want of jurisdiction:
Laws referred to:-
High Court of Lagos (Appeals) Rules, Cap. 80,
Order II, rule 3. High Court of Lagos Act, Part IV.
Onyeama, Ag. C. J. of Lagos:-The applicant seeks an order of this Court, in its appellate jurisdiction, remitting the fees payable under Order II, rule 3 of the High Court of Lagos (Appeals) Rules, on the ground of poverty.
Order II, rule 3 also provides that "a Magistrate may remit in whole or in part any such fees on the ground of the appellant's poverty or other sufficient cause."
This Court's jurisdiction to hear appeals from Magistrates' Courts is derived from statutory provisions, namely part IV of the High Court of Lagos Act, and is not inherent. It follows that in matters and causes on appeal to it, this Court must conform strictly to the statute conferring jurisdiction and can only make such orders as the law says it can.
The power to remit fees is expressly reserved to the Magistrate who is allowed a discretion in the matter, and I am unable to discover any concurrent jurisdiction on the same matter in this Court.
I must therefore decline jurisdiction and strike out the application.
I inform the accused that he may apply to the Magistrate for the order he seeks. I express no opinion on what he should do or can do if the application is refused by the Magistrate.
Application struck out.