Introduction
Enforcing Judgments in Nigeria is a critical aspect of the judicial process, ensuring that the rights and obligations determined by the courts are effectively implemented. This process is governed by various legal instruments, including the Sheriffs and Civil Process Act, the High Court Laws of various States, and the Federal High Court Rules. This article provides an in-depth analysis of the enforcement mechanisms available in Nigeria, the legal framework for enforcement, and the procedures involved.
What is a Judgement?
A judgment is the final and binding decision of a court that resolves a legal dispute between parties, determining their respective rights and liabilities. The Supreme Court, in the case of Saraki & Anor. v. Kotoye, defined the word ‘judgment’ as “A binding, authentic, official judicial determination of the Court in respect of the claims and in an action before it.” See also Okoya v Santilli (1990)CLR 3(b) (SC), the court emphasizes the authoritative nature of a judgment.
While a judgment represents the final decision in a lawsuit, Nigerian courts can issue provisional orders beforehand. These interim and interlocutory orders address specific needs before the case is concluded. Interim orders, designed for short-term effect, may direct a party to act or refrain from acting for a limited time (7 to 14 days) until a related application can be heard. Interlocutory orders, on the other hand, typically remain in force until the court delivers its final judgment. Both types of orders are often implemented through injunctions.
Time Limit for Delivery of Judgement in Nigeria
Section 294(1) of the 199 Constitution of the Federal Republic of Nigeria (CFRN) mandates that a judgment must be delivered in writing no later than 90 days after the conclusion of evidence and final addresses. Failure to do so does not necessarily invalidate the judgment; however, the delay must not have caused a miscarriage of justice, as stated in Section 294(5) of the 1999 CFRN.
Additionally, all parties must be furnished with duly authenticated copies of the judgment within the 90-day period, as stipulated in Section 294(2) of the 1999 CFRN. The court may recall the parties for further addresses before the expiration of the 90-day period, and such subsequent addresses shall be deemed the final addresses.
Types of Judgement
There are generally two types of judgement, to wit: Declaratory judgements and Executory judgements.
- Declaratory Judgement
A declaratory judgment is a court ruling that clarifies the legal rights of parties in a dispute. While binding, it doesn’t order any specific action; it simply declares the existence of a legal relationship and does not contain any order enforceable against the judgement debtor. It merely declares the rights of parties in a dispute and requires a subsequent executory judgment to enforce the declared rights. See David Ogunlade v Ezekiel Adeleye and Oba Rasheed Ayotunde Olabomi & Anor v Olabode Oyewinle & Ors.
The date of enforceability will be the date of the subsequent (executory) judgement and not the earlier judgement. Declaratory judgments are discretionary in nature and are granted only in circumstances where the court is convinced by credible evidence. Therefore, declaratory judgments are not given in default of defence or on admissions without the court hearing evidence and being satisfied by such evidence that the plaintiff is entitled to the declaration sought.
2. Executory Judgement
Unlike a declaratory judgment, an executory judgment not only defines the parties’ rights but also orders specific actions from the losing party, making it enforceable. It is a court order that is enforceable immediately after it is pronounced, also known as an enforceable judgement.
An executory judgment has two key components: it declares the rights of the parties involved in the lawsuit and then directs the losing party to act accordingly. This might involve refraining from certain actions (like interfering with the other party’s rights) or performing specific actions (like paying damages for past infringements). Because they contain direct orders, executory judgments are enforceable if the losing party fails to comply.
Enforcement of Judgement in Nigeria
Enforcement of a judgment refers to the legal process by which a party who has won a case (the “judgment creditor“) seeks to ensure that the other party (the “judgment debtor“) complies with the court’s decision and fulfills any obligations, such as paying awarded damages, fines or performing specific actions ordered by the court.
In Nigeria, the enforcement of judgments is governed by a combination of legal instruments, including:
- The 1999 Constitution of the Federal Republic of Nigeria
- Judgement Enforcement Rules
- The Sheriffs and Civil Processes Act
- Foreign Judgements [Enforcement Reciprocal] Act 2004
- Administration Criminal Justice Act 2015.
- The Civil Procedure Rules (Federal or States) of the several courts.
- Case Laws
Under Nigerian Law, a court’s judgment becomes binding and should be enforced by the parties immediately upon its delivery, unless a specific time for enforcement is stipulated in the judgment. Enforcement procedures are initiated when the judgment debtor fails to comply with a judgment without demand, especially for executory judgments.
There are various methods of enforcing judgments in Nigeria, including:
- Writ of Attachment and Sale (Writ of Fieri Facias)
This writ is issued for execution against the goods, chattels and immovable property of the judgment debtor for the recovery of any sum of money payable under a judgment of a court in case of default or failure of payment. The writ is obtained by completing the praecipe form at the registry of the court. By virtue of Order IV Rule 1(2) of the Judgment Enforcement Rules, it can be issued three days after judgment.
Under this mode of enforcement, movable property is targeted first, but certain items (e.g., clothing, tools and implements of trade to the value of ten naira) are exempt. See Section 25 of Sheriffs and Civil Processes Act. Seized movable property can’t be sold for five days (unless perishable or debtor-requested), and if proceeds are insufficient, immovable property can be attached with court permission. This requires proof that movable assets were insufficient and that the immovable property belongs to the debtor. Attached immovable property is sold after 15 days (unless the debtor requests otherwise).
2. Garnishee Proceedings
This is a method of enforcing a monetary judgment by recovery through third parties (garnishees) who are in custody of the judgment debtor’s funds or indebted to the judgment debtor. It is governed by Section 83 to 92 of the Sheriffs and Civil Processes Act.
When a judgment debtor is owed money by a third party, the judgment creditor can utilize garnishee proceedings to recover the debt. The creditor (garnishor) files an ex parte motion for an order nisi, a conditional order requiring the third party (garnishee) to appear in court and explain why they shouldn’t pay the debt directly to the creditor. If the garnishee fails to appear or provide sufficient cause, the order nisi becomes absolute, effectively making the garnishee liable for the debt as if they were the original judgment debtor. At this point, a writ of execution can be issued against the garnishee.
3. Bankruptcy/Insolvency Proceedings
Bankruptcy or winding-up proceedings offer a recourse for judgment creditors when debtors default on payment. These proceedings, applicable to individuals and companies respectively, require demonstrating the debtor’s inability to pay. The creditor initiates the process by filing a petition and providing evidence of insolvency. A successful petition results in the liquidation of the debtor’s assets, with the proceeds distributed among creditors according to a set priority scheme.
4. Writ of Sequestration
This is issued upon application to a judge against the property of a person who has had an order or warrant of arrest, commitment or imprisonment made against them but cannot be found, or where a person is taken and detained in custody without obeying the judgment of a court. An application for a writ of sequestration is made to a judge in the prescribed form.
5. Writ of Delivery
A writ of delivery is issued for the enforcement of a judgment for the delivery of goods. An application for a writ of delivery is made by filing a praecipe form.
6. Writ of Possession
This is issued for the recovery of premises where the judgment of the court is for the recovery of land, or for the delivery of possession of land, in an action other than an action between landlord and tenant. An application for a writ of possession is made by filing a praecipe form.
7. Judgement Summons
Under Section 55 of the Sheriffs and Civil Processes Act provides for the issuance of a judgment debtor summons. This summons compels the judgment debtor to appear before the court and be examined under oath regarding their ability to satisfy the judgment debt. The judgment creditor initiates this process by applying to the court.
According to Section 63 of the Sheriffs and Civil Processes Act, upon the conclusion of investigations, the court may make one or more of the following orders:
- an order for the commitment of the judgment debtor to prison;
- an order for the attachment and sale of the judgment debtor’s property;
- an order for the payment of money by instalments or otherwise by the judgment debtor; or
- an order for the discharge of the judgment debtor from prison.
Enforcement of Judgement outside Jurisdiction
Enforcing judgments across different jurisdictions within Nigeria or from foreign courts involves additional procedures:
- Interstate Judgements
Section 287 of the 1999 CFRN ensures that judgments from superior courts of record are enforceable throughout Nigeria. Where a judgment delivered in one state is to be enforced in another state in Nigeria, a judgment creditor must apply to the registrar of the court that delivered the judgment for a certificate of judgment to be issued. The Certificate must be duly signed and sealed by the Registrar.
The judgment creditor is then required to take said certificate to the registrar of a court of similar jurisdiction in the state where the judgment is to be enforced, where the registrar of that court would record the following particulars in ‘The Nigeria Register of Judgment‘. After registration, the judgment will have the same effect as if it were given by the enforcing court, and the enforcing court can execute it. See Sections 104-110 of the SCPA.
Before the judgment can be enforced on registration, the judgment creditor must depose to an affidavit stating one of the following:
- That the amount in the process has become due but unpaid; or
- That an act ordered to be done remains undone; or
- That the person ordered to forebear from doing an act has disobeyed the order. See Section 107 of the SCPA.
Following execution, the Registrar of the enforcing court shall file a report, under the seal of the court, of the outcome of the execution notifying the registrar of the court where the judgment was given, that the judgment has been satisfied either wholly or in part, as the case may be.
2. Foreign Judgements
The enforcement of foreign judgment in Nigeria is governed by the Foreign Judgment (Reciprocal Enforcement) Act which mandates registration of the judgement in Nigeria. The judgment creditor must file a motion ex parte (an application without notice to the other party) seeking leave of the court (the State High Court or Federal High Court) to register the judgment. The key requirements for registration of foreign judgement in Nigeria are that the judgment being final and conclusive (not pending appeal), and originating from a court with proper jurisdiction. Foreign judgments failing to meet these criteria cannot be registered or enforced.
Upon registering of the foreign judgement, the court can enforce a successfully registered judgment in compliance with the provisions of the Sheriffs and Civil Processes Act in the same way as a domestic judgment. The Foreign Judgment (Reciprocal Enforcement) Act authorizes the Minister of Justice to extend its application to foreign countries that offer reciprocal enforcement of Nigerian judgments. Registration is permitted even before formal designation, provided it occurs within 12 months of the judgment date or a court-granted extension. Countries are to be listed by order of the Minister of Justice to enjoy ease of enforcement of judgment.
Challenges in Enforcement
Despite the established legal frameworks, enforcing judgments in Nigeria can be fraught with challenges including:
- Delays: Bureaucratic procedures and court congestion can lead to significant delays in the enforcement process
- Corruption: Corrupt practices among some court officials and law enforcement agents can impede the effective enforcement of judgments.
- Resource Constraints: Inadequate resources and logistical support can hamper the execution of enforcement orders.
Addressing these challenges require comprehensive reforms aimed at streamlining enforcement procedures, enhancing accountability, and strengthening institutional capacities within the Nigerian judicial system.
Conclusion
Enforcement of judgment in Nigeria is a crucial aspect of ensuring that the rule of law is upheld. While the legal framework for the enforcement of judgments in Nigeria is well-established, practical challenges as listed above often hinder the realization of judicial decisions. Continuous efforts to reform and strengthen the enforcement mechanisms are essential to uphold the rule of law and ensure that justice is effectively served.
References
- (2006) LPELR-3356(SC)
- (1992) LPELR – 23040 (SC)).
- (1994) 7 NWLR (pt.357) 414
- (2013) LLJR -SC
- (1992) LLJR -SC
- PROCEDURE FOR ENFORCEMENT OF JUDGMENT IN NIGERIA.
- 026_nigeria.pdf
- The Sheriffs and Civil Processes Act
- The 1999 Constitution of the Federal Republic of Nigeria
