Close Menu
  • Home
  • News Update
  • Legal Updates
  • Free Legal Resources
  • Law News
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions

Subscribe to receive Updates

Get the latest updates from us

What's Hot

Six ways Nigerians can protect themselves from Ebola

October 22, 2026

Visa doesn’t guarantee entry into America — US Mission

October 21, 2026

Ogun govt suspends monarch over alleged partisanship

October 21, 2026
Facebook X (Twitter) Instagram
Facebook X (Twitter) Instagram
Lawbreed Blog
Visit our Website
  • Home
  • News Update

    Ogun govt suspends monarch over alleged partisanship

    October 21, 2026

    Banker Chukwuebuka Nweke jailed for stealing from customer’s account

    October 21, 2026

    “FAAN Has Not Earned A Kobo From MMA2 For 20 Years” — Keyamo Says Revenue Begins After Bi-Courtney Settlement

    October 21, 2026

    US Mission Tells Nigerians Visa Application Fees Are Non-Refundable

    October 15, 2026

    ICPC dismisses security officer for helping el-Rufai’s wife bypass protocol to see him

    September 4, 2026
  • Legal Updates

    Case Law Friday: Substantial Justice Over Technicalities – A Supreme Court Insight from FRN v. Odeh (2025) 4–5 S.C. (Pt. I) 1 @ 35–38

    April 17, 2026

    Recalibrating Physical Planning In Nigeria

    September 19, 2025

    How to Process a Change of Name at the Supreme Court : Updated Requirements

    May 8, 2025

    What residents should know and do about Wike’s land policy to protect properties

    April 15, 2025

    EXPLAINER: What constitution says about emergency rule, governor’s suspension

    March 19, 2025
  • Free Legal Resources

    Trump suffers major Supreme Court defeat as justices uphold birthright citizenship (Download Judgment)

    June 30, 2026

    (Download Bill) Nigeria Moves Closer to State Policing as Constitution Alteration Bill is Released

    June 25, 2026

    [Download Judgment] Court convicts Nnamdi Kanu on all seven terrorism counts in Abuja

    November 20, 2025

    US court orders FBI, DEA to release records on Tinubu’s investigation (See UNITED STATES DISTRICT COURT MEMORANDUM OPINION)

    April 14, 2025

    Relief for Tinubu as U.S. judge denies Greenspan’s motion to fast-track confidential records disclosure by FBI, CIA, others

    October 24, 2023
  • Law News

    THE ROAD TO ACCOUNTABILITY: MEDICAL COUNCIL INDICTS GYNESCOPE SPECIALIST HOSPITAL FOR NEGLIGENCE

    October 16, 2026

    Olanipekun, SAN, Urges CJN to Intervene Over Non-Hearing of Applications for Leave to Appeal, Says Judges Cannot Create Their Own Jurisprudence

    October 15, 2026

    ECOWAS Calls For Stronger Enforcement Of Court Judgments, Appeals Division To Bridge Justice Gap

    September 25, 2026

    “Court Of Appeal Stays Judgment Reinstating Akemokue As Okuokpellagbe” — Sado Remains On Stool Pending Appeal

    September 25, 2026

    UNILAG Law Faculty Honours 34 First-Class Bar Graduates, Celebrates WIPO Moot Court World Champions

    July 30, 2026
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Lawbreed Blog
Home»Legal Updates»Court of Appeal Rules, 2021 and Deposit against Costs: Need to have a rethink.
Legal Updates

Court of Appeal Rules, 2021 and Deposit against Costs: Need to have a rethink.

Lawbreed LimitedBy Lawbreed LimitedJanuary 24, 2022No Comments3 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
court-of-appeal-
Share
Facebook Twitter LinkedIn Pinterest Email WhatsApp

By Ibrahim Lawal

It is no longer news that the Court of Appeal has given itself a new rules of court that will guide proceedings at the appellate court. The new rule, which commenced on the 1st day of November, 2021, has twenty five orders all together.

There are innovations brought into the rules which are far-reaching and will definitely change the face of adjudication at the appellate court. These innovations are Order 16 which deals with Court of Appeal Alternative Dispute Resolution Programme (CAADPR); Order 20 which deals with Electronic filling; Order 21 which deals with virtual hearing and Order 22 on Case Scheduling and Management system.

However, an interesting aspect of the rule is Order 8 Rule 11 with the heading, Deposit against Cost. Order 8 Rule 11(1) states as follows:
Upon the transmission of the Record of Appeal, whether by the Registrar of the lower court or by the Appellant, the Appellant shall, within such time as the Registrar of the court shall direct, deposit not less than Fifty Thousand Naira (N50,000.00) with the Deputy Registrar of that Division for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the Appellant: Provided that no deposit shall be required from an indigent person or where the deposit would be payable by the Government of the Federal Republic of Nigeria or of a state, or by any Government department.

The implication of this rule is that for an Appellant to lodge an appeal, he must be ready to pay Deposit against Cost of nothing less than Fifty Thousand Naira. As laudable as this rule is, considering the purpose for which it was inserted, I respectfully submit that the provision is against the principle of access to justice. Notwithstanding the exception of indigent appellants inserted in the rule, it is still going to hinder many people from accessing justice.

For instance, what is the yardstick for measuring an indigent person? Can we assume that majority of Nigerians can afford N50,000 willy nilly? It is conceded here that Order 13 of the rule clearly specifies how an indigent person should proceed, such procedure will unnecessarily delay the appeals if going by the number of appeals we have in our various appellate courts. When will such motion be listed for hearing and so on.

The reality of our situation as lawyers and minister in the temple of justice is that 90% of criminal cases at the appellate courts are done pro bono. As much as lawyers are encouraged to take pro bono cases, they want to dispense with such cases as quickly as possible. Lawyers virtually use their money to pay for the compilation of records and other ancillary costs, to add to their cost by the application of Order 8 Rule 11 is to discourage them from expanding the frontiers of the law.
Ditto the Fundamental Rights Enforcement cases.

It is my contention that Order 8 Rule 11 should not be applicable to criminal and Fundamental Rights Enforcement cases in order to encourage more access to justice.

Ibrahim Lawal is the Head of Chambers, Olujinmi & Akeredolu of the Law Hub, 9 Ring-Road Opposite Iyaganku GRA Roundabout Ibadan.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Lawbreed Limited
  • Website
  • Facebook
  • X (Twitter)
  • Instagram
  • LinkedIn

Publishers of Judgments of The Supreme Court of Nigeria (S.C Report) - on the Authority of the Supreme Court of Nigeria

Related Posts

Case Law Friday: Substantial Justice Over Technicalities – A Supreme Court Insight from FRN v. Odeh (2025) 4–5 S.C. (Pt. I) 1 @ 35–38

April 17, 2026

Recalibrating Physical Planning In Nigeria

September 19, 2025

How to Process a Change of Name at the Supreme Court : Updated Requirements

May 8, 2025

Comments are closed.

Top Posts

Trump, Sons, and Trump Organization File $10bn Lawsuit Against IRS and Treasury Over Tax Data Breach

January 30, 2026592 Views

$2bn debt dispute: Court rejects Olanipekun, Banire’s appointments as counsels to Nestoil, Neconde

January 23, 2026567 Views

UK introduces eVisas for Nigerian study, work visa applicants

July 9, 2025564 Views

Federal High Court Declares Lower Courts Lack Powers to Freeze Bank Accounts

January 16, 2026477 Views
Don't Miss

Six ways Nigerians can protect themselves from Ebola

General Update October 22, 2026

Its reappearance has made headlines since May, after reports of outbreaks in Uganda and the…

Visa doesn’t guarantee entry into America — US Mission

October 21, 2026

Ogun govt suspends monarch over alleged partisanship

October 21, 2026

Banker Chukwuebuka Nweke jailed for stealing from customer’s account

October 21, 2026

N156bn Debt: UBA Floors Vaswani Brothers, Stallion Group in Landmark Court Victory

October 21, 2026
Stay In Touch
  • Facebook
  • Twitter
  • Pinterest
  • Instagram

Subscribe to get Updates

Get the latest creative news delivered to your email. subscribe now

Supreme Court Report Online (S.C. Report Online) – CLICK TO SUBSCRIBE
SUPREME COURT REPORTS ONLINE - LAWBREED.COM
Our Picks

Six ways Nigerians can protect themselves from Ebola

October 22, 2026

THE ROAD TO ACCOUNTABILITY: MEDICAL COUNCIL INDICTS GYNESCOPE SPECIALIST HOSPITAL FOR NEGLIGENCE

October 16, 2026

Court Restrains Kano Hisbah From Arresting Christian Convert, Upholds Right to Change Faith

August 18, 2026

UK Barrister Disbarred After Recording Family Court Proceedings Without Consent

August 18, 2026
Don't Miss

Six ways Nigerians can protect themselves from Ebola

General Update October 22, 2026

Its reappearance has made headlines since May, after reports of outbreaks in Uganda and the…

Visa doesn’t guarantee entry into America — US Mission

October 21, 2026

Ogun govt suspends monarch over alleged partisanship

October 21, 2026

Banker Chukwuebuka Nweke jailed for stealing from customer’s account

October 21, 2026
About Us
About Us

Lawbreed Blog is owned by Lawbreed Limited, a full fledged Law publishing and marketing Private Limited Liability Company, incorporated under the Laws of the Federal Republic of Nigeria.

Email Us: mails@lawbreed.com
Contact: +2348077011730

Facebook X (Twitter) Instagram YouTube LinkedIn WhatsApp
Tags
#2023Election Adeleke AGF AI AMCON APC Atiku Bamise Bandits Bill BOSAN Bribe BRT Buhari CBN CJN Covid EFCC FEA feature featured FG FHC FIRS Fraud INEC Lawbreed LAYI BABATUNDE SAN metro Multichoice NBA NICN NJC Nnamdi Kanu NPC Obi Osun State Popular SAN Supreme Court Tax Tinubu Trending Twitter VAT
Most Popular

Trump, Sons, and Trump Organization File $10bn Lawsuit Against IRS and Treasury Over Tax Data Breach

January 30, 2026592 Views

$2bn debt dispute: Court rejects Olanipekun, Banire’s appointments as counsels to Nestoil, Neconde

January 23, 2026567 Views

UK introduces eVisas for Nigerian study, work visa applicants

July 9, 2025564 Views

Type above and press Enter to search. Press Esc to cancel.