Order 12 — Costs
Rule 1 Costs allowed.
Where the costs of an appeal are allowed, they may either be fixed by the Court at the time when the judgment is given and may be ordered to be taxed.
Rule 2 Indemnity for expenses.
In fixing the amount of costs, the principle to be observed is that the successful party is to be indemnified for the expenses to which he has been unnecessarily put in the proceedings and compensated for his time and effort in coming to Court. The Court may take into account all the circumstances of the case.
Rule 3 Costs against counsel.
In the event of an abuse of the Court’s process, the Court may award punitive costs personally against the Counsel responsible for the abuse.
Rule 4 Costs generally.
The costs to be awarded by the Court in a civil appeal and an application in a civil appeal are hereby fixed as follows:
(a) costs to a successful party in a civil appeal is fixed at a minimum of Two Million Naira (N2,000,000:00);
(b) costs for delaying the hearing of a civil appeal by a party on the day the appeal has been fixed for hearing is fixed at a minimum of One Million Naira (N1,000,000:00);
(c) costs in any application in a civil appeal being heard in open Court is fixed at a minimum of Five Hundred Thousand Naira (N500,000:00); and
(d) costs where the Court has found that there has been an abuse of its process is fixed at a minimum of Two Million Naira (N2,000,000:00).
Rule 5 Costs against counsel representing government.
Costs may be imposed personally on any counsel representing the Federal Republic of Nigeria, State or Local Government or any Governmental Department as the case maybe.
Rule 6 Time to pay costs by counsel.
Where costs have been ordered to be paid personally by counsel, it shall be paid within ninety (90) days of the order and a certificate of compliance filed in the Court within the said time.
Rule 7 Penalty for failure to pay costs by counsel.
Counsel who fails to comply with Rule 6 of this Order shall cease to have right of audience in any Court in Nigeria until compliance. Notice of such default shall be served on all superior Courts of Record in Nigeria by the Chief Registrar.
Rule 8 Liability to costs by poor persons.
(1) Leave to proceed as a poor person granted pursuant to the provisions of Order 2 Rule 14 of these Rules shall not exempt such person from liability to an order for costs in favour of his opponent.
(2) If a poor person is not awarded costs in the proceedings, no fees shall be taken from him by a legal practitioner assigned to him.
(3) If a poor person is awarded costs against his opponent he shall be entitled to include and receive in such costs the fees of any legal practitioner assigned to him and all other fees and costs remitted by his admission to proceed as a poor person.