An investigation by TheInvestigator’s Archibong Jeremiah exposed significant overcharging of court affidavit applicants in Cross River State. Relevant authorities have turned a blind eye to these practices, refusing to respond to Freedom of Information requests.
When Rita Njar woke up one October morning in Ikom, Cross River State, she wasn’t expecting her life to take a bureaucratic turn. Feverish and cash-strapped, she had sent her son to a nearby pharmacy, only for his attempts at using the pharmacy’s Point-of-Sale (POS) machine to fail. Forced to take the medication on credit, she resolved to resolve the banking issue hindering her transactions.
Three days later, Rita visited her bank, Guarantee Trust Bank (GTB), and learned that her account was restricted due to discrepancies in her name across her Bank Verification Number (BVN) and National Identification Number (NIN).
The solution seemed simple: obtain a court affidavit to harmonize her documents. But Rita’s journey into the judicial process would soon expose her to a widespread issue of exploitation.
Rita arrived at the Ikom Division of the State High Court, where she was informed the affidavit would cost her N5,000—five times the official fee of N1,000. Despite her protests, she paid the amount, only to be sent to a nearby private computer centre for typing and printing, which cost her another N500.
Rita left with her affidavit, which had “N1,000” recorded as the fee but no receipt for the remaining N4,500 she had paid.
Affidavit gotten from the Ikom Division of the State High Court.
Her experience isn’t unique. Across Cross River State, citizens seeking affidavits—whether to correct names, resolve banking issues, or replace lost documents—are being systematically overcharged.
A Statewide Problem
A three-week investigation by TheInvestigator revealed a troubling pattern of exploitation at judicial offices across Cross River State.
- Ikom High Court: Applicants like Rita are charged as much as N5,000 for affidavits without receipts.
- Judiciary Headquarters in Calabar Municipality: Fees are slightly lower at N2,000, but only N1,000 is receipted through the state’s Internal Revenue Service (IRS).
Receipt issued at the Judiciary Headquarters in Calabar Municipality.
- Federal High Court in Calabar: Applicants are charged N3,500, with no receipts issued. The affidavits only bear a vague “oat fee” instead of the exact amount paid.
The affidavit obtained from the Federal High Court in Calabar.
These practices blatantly contravene the fee structure designed to ensure justice remains accessible and affordable.
To understand the disparity, TheInvestigator reached out to the Cross River Internal Revenue Service (CRIRS). In a brief phone call on November 8, 2024, CRIRS spokesperson Mrs Achiane Adams promised to consult the legal department and respond. However, multiple follow-ups, including calls and messages, were met with silence.
This lack of accountability raises questions about the state’s capacity—or willingness—to regulate and oversee judicial financial practices.
On November 18, TheInvestigator filed Freedom of Information (FOI) requests to the Chief Registrar and the Registrar of the Federal and State High Courts, seeking clarity on the overcharging and lack of receipts.
The Deputy Chief Registrar, Federal High Court Calabar, C.T. Clement Ende replied to the FOI request, asserting that they act professionally.
“We write to affirm that all Affidavits deposed to in the Federal High Court, Calabar Division are treated with utmost professionalism in accordance to the Rules of the Federal High Court,” Clement stated, adding that “The fees are paid to the bank electronically by litigants and not by cash.”
The Deputy Chief Registrar’s reply to TheInvestigator’s FOI request.
In defence, the Deputy Chief Registrar did not state the actual fee and address why receipts are not issued. Clement’s claim that payments are made electronically is false because cash was what TheInvestigator and three others paid.
Seven days later, the State High Court had yet to respond, further highlighting the opacity surrounding the issue.
Legal Community Reacts
The Nigerian Bar Association (NBA) has condemned the exploitative practices. Barrister Edwardson Ofre, chairman of the NBA’s Ikom branch, explained that the official affidavit fee is N1,000, but extra charges often come from judicial officers enriching themselves.
“If you come to my chamber, I’ll charge you N4,000 to N5,000 because I’ll buy fuel, print, and drive to the court,” he said. “But in the courts, the clerks and registrars charge these sums for themselves, not the government.”
Barrister Nsikak Ikpeme, chairman of the NBA’s Calabar branch, added that while affidavits sometimes include an authentication fee of N200 for the red seal, applicants should never pay more than N1,200. He advised citizens to prepare their affidavits independently before submitting them to courts for processing to avoid unnecessary charges.
For individuals like Rita, the financial burden of overcharged affidavits compounds the frustrations of navigating bureaucratic red tape. In a state where many residents already struggle to make ends meet, these exploitative practices disproportionately harm the most vulnerable.
“This isn’t just about the money,” Rita said. “It’s about fairness. Why should I pay five times what the government says I should pay, only to be sent to a private centre to do what the court should do?”
A Broken System
The judiciary is meant to uphold justice, not obstruct it. Yet the overcharging and lack of transparency around affidavit fees in Cross River State reveal a system prioritizing personal gain over public service.
From Ikom to Calabar, receipts are inconsistently issued, and judicial officers pocket funds meant to maintain the courts. The lack of accountability from CRIRS and the judiciary further entrenches this exploitation.
For individuals like Rita, the fight against exploitation in Cross River’s judiciary isn’t just about their wallets—it’s about reclaiming their dignity and trust in the system meant to protect them.
This report is with the support of the Civil Media Lab.