Nwoko v The Oyo State Government of Nigeria

MR Justice Eder addressed a wasted costs application arising out of the Oyo State Government of Nigeria and its executive Governor’s failure to cooperate in appointing an arbitrator pursuant to his earlier order of 27 June 2014 in proceedings brought by Ned Nwoko Solicitors. The defendants were represented by CNA Solicitors Limited, who, despite being solicitors on the record, refused to accept service of the claimants’ application notice, returning correspondence and ignoring emails. On 3 September 2014, Mr Justice Popplewell appointed Mr Hodge Malek QC as arbitrator and ordered CNA to show cause why a wasted costs order should not be made. CNA’s witness statement by Mr Abduramen Ali did not show good cause. The claimants sought wasted costs, initially via an inadequate schedule, later refined. CNA offered £5,623.60, which was rejected, and then came off the record. Eder J held CNA’s stance was improper under the Civil Procedure Rules, made a wasted costs order, and, applying the overriding objective and the need for causal linkage, assessed £2,000 for pre‑3 September costs and £5,000 thereafter, totaling £7,000 including VAT.