By Odita Sunday
The Human Rights Writers Association of Nigeria (HURIWA) has criticised the Federal High Court’s decision to award a total of N150 million in costs against members of the Board of Trustees (BoT) of the Peoples Democratic Party (PDP) and their counsel, warning that the ruling could discourage Nigerians from seeking justice through the courts.
In a statement issued on Tuesday, HURIWA’s National Coordinator, Emmanuel Onwubiko, described the sanctions as a dangerous precedent capable of undermining citizens’ constitutional right to access the courts.
The group said the court awarded N140 million against the PDP BoT led by former Senate President Adolphus Wabara and an additional N10 million against the BoT’s counsel, Chief Chris Uche, SAN.
According to HURIWA, while courts possess the constitutional authority to determine issues of jurisdiction and award costs where appropriate, such powers should not be exercised in a manner that intimidates litigants or creates the impression that justice is only available to the wealthy and politically connected.
The rights group stressed that it was not disputing the court’s decision on the merits of the case or its jurisdiction but was concerned about what it described as the excessive financial burden imposed on the unsuccessful parties.
It argued that imposing what it termed “astronomical costs” on litigants could have a chilling effect on civil society organisations, political parties, public interest advocates and ordinary Nigerians seeking judicial intervention over alleged violations of their constitutional rights.
HURIWA maintained that Section 6 of the Constitution guarantees the judiciary’s role in resolving disputes and warned that crippling financial penalties could erode public confidence in the justice system.
The association noted that the Tamimu-led faction within the PDP had approached the court over concerns relating to the party’s institutional independence and alleged external political interference involving the ruling APC, the Minister of the Federal Capital Territory, Nyesom Wike, and his loyalists.
It insisted that regardless of the outcome of any litigation, citizens and organisations must remain free to ventilate their grievances before competent courts without fear of devastating financial consequences.
HURIWA also cautioned that the growing trend of imposing heavy costs in politically sensitive cases could discourage opposition parties, journalists, activists, whistleblowers, election petitioners and other citizens from pursuing legitimate legal remedies.
The organisation called on appellate courts to closely examine the trend to ensure that awards of costs remain consistent with the constitutional principles of fairness, proportionality, equity and access to justice.
It further urged the National Judicial Council, the Nigerian Bar Association, constitutional scholars and other stakeholders to initiate a national conversation on the use of punitive costs in politically significant litigation.
HURIWA maintained that the judiciary must continue to uphold its role as the last hope of the common man, warning that justice should never become so costly that it deters Nigerians from exercising their constitutional right to seek legal redress.
