Winning a court case is only the first step. A judgment that remains unenforced is a paper victory. In Nigeria, the enforcement of commercial judgments requires knowledge of the available enforcement mechanisms, the relevant procedural rules, and the practical realities of enforcement in the Nigerian legal system.
Types of Enforcement
Garnishee Proceedings
Garnishee proceedings allow a judgment creditor to intercept money owed to the judgment debtor by a third party (the garnishee), typically a bank. The court issues a garnishee order nisi directing the garnishee to appear in court and show cause why the money should not be paid to the judgment creditor. If no sufficient cause is shown, the order is made absolute and the garnishee pays the judgment creditor directly.
Writ of Fieri Facias
A writ of fieri facias authorises the court sheriff or bailiff to seize and sell the goods and chattels of the judgment debtor to satisfy the judgment debt. This is most effective where the judgment debtor has identifiable moveable assets such as vehicles, equipment, or stock in trade.
Charging Orders
A charging order imposes a charge on the judgment debtor real property to secure payment of the judgment debt. Once a charging order is in place, the judgment debtor cannot sell or transfer the property without first satisfying the judgment debt.
Judgment Debtor Examination
A judgment creditor can apply for an oral examination of the judgment debtor before a court to discover the nature and location of the debtor assets. Information gathered from this examination can be used to identify assets available for enforcement.
Practical Steps in Enforcement
The following steps are typically involved: First, obtain a certified copy of the judgment from the court registry. Second, confirm that the limitation period for enforcement has not expired (typically six years). Third, conduct a search or investigation to identify assets of the judgment debtor. Fourth, select the appropriate enforcement mechanism based on the nature and location of the identified assets. Fifth, file the necessary application at the court for the chosen enforcement mechanism.
Enforcement Against Government Entities
Enforcing judgments against government entities in Nigeria is significantly more complex. Section 84 of the Sheriffs and Civil Process Act requires a judgment creditor who wishes to enforce against government funds to first obtain the consent of the Attorney-General. This requirement has been the subject of much litigation and is a practical barrier that requires careful navigation.
Conclusion
Enforcement of commercial judgments in Nigeria requires persistence and knowledge of the available mechanisms. Involving experienced legal counsel from the enforcement stage is important to developing an effective enforcement strategy.
This article is for general information only. For advice on judgment enforcement, contact Marturion Legal.