AWARD OF COSTS IN JUDICIAL PROCEEDINGS: WHEN A LEGAL PRACTITIONER MAY BE PERSONALLY LIABLE FOR PAYMENT OF COSTS

Abstract

The award by the Supreme Court of a collective sum of sixty million Naira in costs against two senior Counsel for filing an application which the Court found vexatious, frivolous, a gross abuse of court process, and a violation of the principle that there must be an end to litigation, raises current issues of when and why a legal practitioner would be personally amerced in costs in a judicial proceeding. In answering the question, we, set out the theoretical background of the meaning, definition and delineation of costs, and examined the general principles of award of costs. We brought out that, primarily costs are given by the law as an indemnity to a prevailing party. We also established that the burden of costs is primarily borne by a losing party. We then explained that though counsel is not primarily responsible for the burden of costs, under certain circumstances, the court may order that an award of costs should be borne by counsel personally. From this perspective, we concluded that it was within the powers of the Supreme to make a finding that under the referenced circumstances, the award of costs should be made personally against counsel.