BY SPECIAL CORRESPONDENT
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Uneasy calm is brewing between the Enugu State Judiciary and Lawyers in the State over mandatory showing of tax clearance certificate for filling of cases in court.
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Recently, the State Judiciary had released a letter directing lawyers to attach evidence of payment of Tax Clearance Certificate before documents prepared by them can be accepted for filing in court.
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A statement issued yesterday, during a press conference by the Temple Foundation, an Enugu based Non-Governmental Organisation (NGO), the group kicked against the directive that lawyers should attach evidence of payment of Tax Clearance Certificate before documents prepared by them can be accepted for filing in court.
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The Foundation, through its Executive Director, Ozo Alex Amujiogu, condemned such a clandestine move adopted by the State Judiciary.
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The statement was titled: “Time To Save The Judiciary From Collapse”
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Parts of the statement read:
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“The attention of the Temple of Justice Foundation Enugu Nigeria has been drawn to the demand by the Enugu State Judiciary for lawyers to show evidence of Tax Clearance Certificate before they can file any court process in court in Enugu State.
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“Discreet enquiry made reveals that the directive was made sequel to a request by the Enugu State Board of internal revenue to the Chief Judge of Enugu State for the judiciary to be the pilot point for tax compliance.
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“The Foundation condemns such a clandestine move adopted by the Enugu State Judiciary as same goes beyond the princints of law as clearly stipulated under our extant High court rules of Enugu State. Payment of tax is not a sine qua non allowed by any rule of law before any court processes or court proceedings can be conducted in Nigeria and Enugu state in particular.
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According to the Foundation, “Litigation is a legal process initiated for the interest of clients and not lawyers who are only a vehicle of attaining justice.
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“There is no profit earned by lawyers in filing court process rather the profit is earned by the same government.The Enugu State Judiciary should be reminded that Access to justice is a fundamental right of individuals, group or organization and the law forbids any attempt to stiffle or suffocate the age long principle of Ubi jus ibi remedium .
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“Any law, rule or directive which tends to be a clog on the right of litigants to timely access justice , is not only an aberration, condemnable and in all intent and purposes otiose and should not be allowed to see the light of the day.
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“The judiciary, at all occasions, is the hope of the common man and not a frustrative force to the common man.
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“We therefore call on the Chief Judge of Enugu State to rescind the said directive and properly direct the Executive arm of government to channel their financial challenges through an established proper enforcement mechanism. A revenue court could also be designated or set out in the State were matters pertaining to non payment of personal income tax could be filed and handled generally without any isolation as intended under the purported directive.
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“The Foundation therefore call on all leadership of the Nigerian Bar Association in the State to resist this move as same is not only anachronistic but also against the principles of the rule of law as enshrined in the Constitution of the Federal Republic of Nigeria.
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