LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Payment of Filing Fees — Condition Precedent to Court’s Assumption of Jurisdiction
PRINCIPLE STATEMENT
Payment of filing fees is a precondition to or condition precedent to the court's assumption of jurisdiction. Where filing fees are not paid, a court will have no jurisdiction to entertain the matter. Rules of court make it mandatory to pay filing fees.
RATIO DECIDENDI (SOURCE)
Per Niki Tobi, JSC, in Okolo & Anor v. UBN Ltd (2004) NLC-1611998(SC) at p. 6; Paras D–E.
"Payment of filing fees is a precondition to or condition precedent to the court's assumption of jurisdiction. Where filing fees are not paid, a court of law will have no jurisdiction to entertain the matter before it. This is because the rules of court make it mandatory for a party to pay filing fees."
EXPLANATION / SCOPE
Payment of filing fees is a condition precedent to the court assuming jurisdiction. Non-payment deprives the court of jurisdiction to entertain the matter. The principle applies to civil proceedings. Court rules make filing fee payment mandatory. The rule ensures compliance with financial requirements for accessing court. A party cannot proceed without paying prescribed fees.
