JOHN OKORO v THE INSPECTOR-GENERAL OF POLICE (M/6/64) [1964] NGHC 6 (28 January 1964)

**JOH****N** **OKO****R****O** **(****APPE****L****LAN****T****)** **_v_.** **THE** **IN****SPECTOR-GENERAL** **O****F** **POLICE** **(RESPONDENT)** **(1964)** **All** **N.L.R.** **445** **Div****i****si****o****n:** High Court, Lagos **D****at****e** **o****f** **Judgment:** 28th January, 1964 **C****as****e** **Num****b****er:** M/6/64 **Before:** Onyeama, Ag. C.J. The appellant brought the application seeking an Order of the High Court, in its appellate jurisdiction, to remit the fees payable by him under Order II, rule 3 of the High Court of Lagos (Appeals) Rules, Cap. 80. **_HELD_**** _:_** The High Court has no jurisdiction to hear the application since the power to remit fees under Order II, rule 3 is expressly reserved to the Magistrate who is allowed a discretion in the matter. _Application_ _s_ _truck_ _out_ _fo_ _r_ _wan_ _t_ _o_ _f_ _jurisdi_ _ction:_ _La_ _w_ _s_ _r_ _e_ _f_ _er_ _r_ _e_ _d_ _t_ _o_ _:__-_ _H_ _i_ _g_ _h_ _Co_ _u_ _r_ _t_ _o_ _f_ _L_ _a_ _g_ _o_ _s_ _(__A_ _pp_ _e_ _al_ _s_ _)_ _R_ _u_ _le_ _s_ _,_ _Ca_ _p_ _._ _8_ _0_ _,_ _O_ _rd_ _e_ _r_ _I_ _I_ _,_ _ru_ _l_ _e_ _3_ _._ _Hi_ _g_ _h_ _Cou_ _r_ _t_ _o_ _f_ _La_ _g_ _o_ _s_ _Ac_ _t_ _,_ _P_ _ar_ _t_ _I_ _V_ _._ Onyeama, Ag. C. J. of Lagos:-The applicant seeks an order of this Court, in its appellate jurisdiction, remitting the fees payable under Order II, rule 3 of the High Court of Lagos (Appeals) Rules, on the ground of poverty. Order II, rule 3 also provides that "a Magistrate may remit in whole or in part any such fees on the ground of the appellant's poverty or other sufficient cause." This Court's jurisdiction to hear appeals from Magistrates' Courts is derived from statutory provisions, namely part IV of the High Court of Lagos Act, and is not inherent. It follows that in matters and causes on appeal to it, this Court must conform strictly to the statute conferring jurisdiction and can only make such orders as the law says it can. The power to remit fees is expressly reserved to the Magistrate who is allowed a discretion in the matter, and I am unable to discover any concurrent jurisdiction on the same matter in this Court. I must therefore decline jurisdiction and strike out the application. I inform the accused that he may apply to the Magistrate for the order he seeks. I express no opinion on what he should do or can do if the application is refused by the Magistrate. Application struck out.