JUDGMENT ENFORCEMENT

PROCEDURE RULES.
BY

UMMUL ABUBAKAR SANI.

SENIOR RESEARCH FELLOW

NATIONAL JUDICIAL INSTITUTE (NJI)

BEING A PAPER PRESENTED AT THE

HYBRID NATIONAL WORKSHOP ON COURT
SERVICES ON THE
5TH – 9TH AUGUST, 2024.

THEME: ADVANCING COURT SERVICES THROUGH EFFECTIVE COURT

SERVICES

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PREAMBLE
I feel highly honored and privileged standing before you distinguished participants to serve as a
resource person. I wish to express my profound gratitude to the Administrator of the National Judicial
Institute, Hon. Justice Salisu Garba Abdullahi and the Director of Studies Barr. Abdulazeez Olumo for
giving me the opportunity to present this Paper.

INTRODUCTION
The main purpose of adjudication is the pursuit of justice. This entails the resolution or determination
of disputes between the parties by the court which has been vested with judicial powers to determine
the dispute. In A.G of Oyo State v. Fair Lakes Hotel Ltd,1 The Supreme Court defined judgment as
“The sentenced of law pronounced by the court upon the matter contained in the order”. Once court
determines any dispute, it becomes authentic official judicial decision, binding on all partiers before
the court.
Enforcement is the last stage of the judicial process after the legal right, claim or interest has ended in
a judgment or order which remains to be enforced. It is the process whereby a judgment or order of
court is enforced or to which it has made effective according to law2. Most judgment requires
compliances with their terms. It is only in the case of a declaratory judgment which merely declares
what the right of a party is, without imposing any sanction on a defendant or directing either of the
parties to do anything that execution is not called for or levied3. Execution will be totally unnecessary
where there is voluntary compliance with the judgment or order of the court.

It is trite that, every successful litigant is entitled to the fruit of his judgment. Therefore, the overriding
function of judicial process of enforcement is to enable the judgment creditor (the person in whose
favor judgment or order was made) reap the fruit of his judgment with a view to
obtaining for his satisfaction, compensation, restitution, performance or compliance with what the court
has granted by way of remedy or relief Therefore, a successful litigant that is, the Judgment/Creditor is
entitled to commence enforcement of the Judgment and that is only when there is no voluntary

1 (1998) 12 SCNJ (pt.1) a 13; Afolayan A.F. and Okorie P.C. (2007) Modern Civil Procedure Law, Dee-Sage
Nigeria Ltd,Lagos, P.290
2 Tukur v. Government of Gongola state (1989) 4NWLR 592 at 608
3 Alhaji v. Kessler (1935) 12 NLR 35, also ChikeAraAkume v. A.G. Anambra State (1977) 5Sc 161 at 177.

2
compliance with the judgment by the judgment Debtor, then execution of the judgment becomes
necessary, indeed inevitable.

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The process of enforcement is broadly referred to as execution. Lord Denning aptly summarized the
process, that:
“Execution simply means the process for enforcing or giving effect to the judgment of the court. In case
when execution was had by means of common law writ, such as FieriFecias. It was legal execution
when it was had by means of an equitable remedy, such as the appointment of a Receiver, then it was
equitable execution because it was the process for enforcing or giving effect to the judgment of the
court”4.
The court will not take, in ordinary civil matters, any steps in the enforcement of its judgment. The
process of enforcement is at the initiatives of successful party, to take appropriate steps to enforce his
judgment or order against the judgment debtor (the person against whom judgment or order was made).
In order to promote the rule of law, every judgment of the court must be obeyed until it is set aside or
declared a nullity5. Where judgment of the court is not obeyed, the court that gave the judgment retains
the jurisdiction to invoke its coercive powers to give effect to the judgment by ensuring that the party
in whose favor the judgment was given has the benefits of the decision6.For the purpose of enforcing
court judgment and order, there are the following officers; the Sheriff, the Deputy Sheriff (herein
referred to, as the Chief Registrar), the Bailiff who serve the writ and perform other duties given to him
by the Deputy Sheriff and the police officers for security to the enforcement officers.

4. Re Overseas Aviation Engineering (GB) Ltd. (1963) Ch. 24 at pp.39,40. Babalola A. (2003) Enforcement of
Judgments. Obafemi Awolowo University Press Ltd. Ile-Ife, Nigeria, p.2
5 Ibrahim v. Emein (1996)2N.W.L.R. (Pt.430) 322at 339
6 . The Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 6 (6) (b).

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The objective of this Paper is to examine the judgment enforcement Rules and execution of judgments
and court orders in the High Court of the Federal Capital Territory, Abuja (herein as F.C.T High court,
Abuja): procedure and challenges. In order to achieve the primary purpose of this study the research
will also examine the procedures and measures adopted particularly by the Abuja High Court to ensure
a successful enforcement of court judgments and orders in the territory and advancing the course of
justice through effective court services in Nigeria.

SCOPE AND STRUCTURE

The scope of this research work deals essentially with the provisions of our organic law the Constitution
of Federal Republic of Nigeria, 1999, the Sheriffs and Civil Process Act and Judgment Enforcement
Rules 2004, which have elaborately discussed the enforcement of court judgment and order, Foreign
Judgments (Reciprocal Enforcement) Act, 2004,High Court of the Federal Capital Territory Abuja
Civil Procedure Rules 2004, among other relevant legislation, as they relate to the subject of
enforcement of court judgment and order in Abuja High Court. However, efforts will be made to
examine only the Enforcement of Civil Judgements and Court Orders in the High Court of the Federal
Capital Territory. The emphasis here will be on the effects and influence of such development on the
Abuja High Court

THE LEGAL FRAMEWORK TO JUDGEMENT ENFORCEMENT IN NIGERIA:

Section 287 of the 1999 constitution as amended makes provisions for the enforcement of decisions. It
provides as follows: 287(1) The decision of the Supreme Court shall be enforced in any part of the
Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the
Supreme Court.
(2) The decisions of the Court of Appeal shall be enforced in any part of the Federation by all
authorities and persons, and by courts with subordinate jurisdiction to that of the Court of Appeal.
(3) The decisions of the Federal High Court, National Industrial Court, a High Court and of all other
courts established by this Constitution shall be enforced in any part of the Federation by all authorities
and persons, and by other courts with subordinate jurisdiction to that of the Federal High Court,
National Industrial Court, a High Court and those other courts respectively.

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The most crucial piece of legislation regarding enforcement of judgments is the Sheriff and Civil
Processes Act7 (SCPA) and the Judgment (Enforcement) Rules made thereunder by virtue of Section
94.
The SCPA was first enacted as an Ordinance8 that applied throughout the country. With the advents of
regions, it metamorphosed to Laws and Rules made by the regions, and with the creation of states, were
inherited as laws and rules of the various states. Whilst the various states have the power to make their
own laws and rules for the enforcement of decisions of courts, it must be noted that the various court
civil procedure rules have next to no provisions for the enforcement of judgments.9 What happens in
practice is that the provisions of the SCPA and the Rules were adopted by the various states, therefore
the provisions of the SCPA are basically the same all over Nigeria. It is important to note that by virtue
of Section 2 of the SCPA does not apply to customary courts.10
OFFICERS OF COURT RELEVANT FOR ENFORCEMENT CHIEF REGISTRAR/DEPUTY
CHIEF REGISTRAR, (SHERIFF/DEPUTY SHERIFF), BAILIFFS, AND ADMINISTRATIVE
STAFF:

For the purposes of enforcement of court decisions, there are 3 principal officers of court concerned.
They are the:
1. Sheriff
2. Deputy Sheriffs
3. Bailiffs
Judgments are executed by a variety of means ordering the Sheriff and deputy sheriffs to do what is
necessary to enforce the order or judgment of court. The bailiffs serve the writs conveying the orders
of court as well as other responsibilities necessary to give effect to the other of the court.

The above are principal Administrative officers. In the English common law courts, these officers
double up as sheriffs and probate Registrars as well. A Sheriff is defined in the Black’s Law
Dictionary11 as, inter alia…an officer who in most jurisdictions act as custodian of the country jail,
executes Civil and Criminal processes and carries out judicial mandates. The SCPA provides in Section

7 Cap S6, Laws of the Federation 2004.

8 Cap 189 LFN 1958.
9 See Order 19 Rule 9(1) of the Magistrate’s Courts of Cross River (Civil Procedure) Rules 2012 and Order 19 Rule 9 of the

Lagos State Magistrates Courts Civil Procedure Rules 2009. Cf Order 25 Rule 4 (1) of the District Court Rules 2021 for the
FCT.
10 See also Section 92(1) of the Sheriff and Civil Processes Law of Cross River State.
11 Ed. By Bryan A. Garner 9th ed. (U.S.A Thomson Reuters 2009) 918

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3 that there shall be appointed for each State of the Federation and the Federal Capital Territory, Abuja,
a fit and proper person to be the sheriff for the State or for the Federal Capital Territory, Abuja. In
practice, the Chief Registrar of the State High Court is the Sheriff of the state.12
Section 413 also states, “There shall be appointed for each State of the Federation and the Federal Capital
Territory, Abuja, a fit and proper person to be the deputy sheriff who shall be subject to the general
control and direction of the sheriff.”
In practice, the deputy sheriffs are the registrars of the Chief Magistrate courts. The duties of the deputy
sheriffs are similar to those of the sheriffs.
A deputy sheriff on the other hand is defined in the same dictionary as an officer who, acting under the
directives of a sheriff, may perform most of the duties of the sheriff’s office. It’s clear that the Chief
Registrar/Sheriff’s functions are enormous. The Chief Registrar is the chief record keeper, Chief Sheriff
and Chief Executor of all court orders. He is the accounting officer. He is the administrative head of
the Judiciary answerable only to the head of the court from whom he takes instructions and directives.
The functions of the Chief Registrar are therefore both statutory and Administrative. His statutory
functions can be found under section 7-12 of the sheriff and Civil process Law14 and 0rder.1 Rule 2
and 0rder.12 Rule 33 of the Supreme Court Rules.15

REGISTRARS.
At the level of the lower courts (i.e the Magistrates, Area, Customary and Sharia Courts), the registry
is headed by the Registrar of court who supervises the bailiffs and clerks of court and ensures that a
valid judgment rendered down by the court is obeyed and or enforced.
It is of utmost importance to state that the central Registry of the court should be manned by experienced
staff in order to make for proper record of court documents or processes.
The Chief Registrar as Sheriff and his deputy down to the registrar of courts at the lower Court level
together with the bailiffs who perform the primary duty of enforcing or executing judgments of the
court must collaborate with the court. Their work, though not adjudicatory, is complementary to the
judicial function of the judge or magistrate and, without them; the delivery of quality justice would be
a herculean task to attain. All of them are involved in one way or the other in the day to day activities
in the judiciary or in short, justice administration. Therefore, individualistic tendencies should be
eschewed and avoided with every resolve in order to attain the summit of satisfaction in the

12 See Section 1 (1) & (2) of the Sheriff and Civil Processes Law of Cross River State.
13 Cap S6 LFN 2004.
14 Cap 123 Laws of Northern Nigeria 1963
15 1999

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dispensation of justice. What is being put across here is that administrative officers are in partnership
with judicial officers or those others who perform judicial functions in the administration of justice
because they invariably, are part of the success or failure of the judicial system.

ENFORCEMENT OF JUDGEMENT OF COURT:

Enforcement is defined as “the act or the process of compelling compliance with a law, mandate,
command, decree, or agreement.” Therefore, literarily the enforcement of judgment is the act or process
by which a Court’s Judgment, Rulings and Orders and other decisions of Court are been implemented.
A Judgment may require payment by one person to another or into Court a sum of money or it may
require a person to do or to abstain from doing a particular act or acts.
The process of enforcement is broadly referred to as execution. Lord Denning aptly summarized the
process when he stated in the case of Re: Overseas Aviation Engineering (GB) Ltd16.
“Execution means quite simply the process for enforcing or giving effect to the Judgment of the
court……. In case when execution was had by means of a common law Writ when such as fiery
facias…….. It was legal execution; when it was had by means of an equitable remedy, such as the
appointment of a Receiver, then it was equitable execution because it was the process for enforcing or
giving effect to the judgment of the Court.”
As mentioned, enforcement is the last stage of the judicial process after the legal right, claim or interest
has been determined on the merit in a Judgment or Order by the Court which remains to be enforced.
Every judgment of the court must be obeyed and is effective from the date of its delivery or from such
a date stated in the judgment itself. The Judgment is meant to be obeyed without demand and if there
is default in obedience, after a period of grace which can be between three to fourteen days as the rules
may prescribe, the Judgment Creditor is entitled to commence enforcement proceedings. A judgment
of a Court of competent jurisdiction is valid until set aside on appeal and as such must be obeyed. See
the case of Okoya v Santili17. A Judgment of Court may be enforceable or unenforceable. The method
of enforcing a particular Judgment will depend upon the type of Judgment that particular Judgment is.
We have the sheriff and Civil process Act18
and the Judgment (Enforcement Procedure) Rules made under the Act, applicable.

16 (1963) CH 24 at pp 39,40
17 (1990) 3 NWLR (pt 131) 172
18 Cap S.6 Laws of the Federation, 2004

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In furtherance of advancing justice through effective court services, we have an established centralized
Enforcement unit now, the Enforcement Department in 2010, in the High Court of the Federal Capital
Territory, main headquarter, Maitama, Abuja, for the enforcement of all High Court judgment and
order, enforcement of court judgments are carried out by trained bailiffs and police officers stationed
by the court. Thus, instances where the procedure laid down by the Sheriffs and Civil Process Act are
fully complied with. The procedure laid down by the Sheriffs and Civil Process Act, are not fully
followed. Most court judgment and order are either unsuccessfully or partly enforced. The provision of
lesser punishment by the Judgment (Enforcement) Rules, that any bailiff who fails to comply with the
provisions of the Rules, shall be liable to a fine of 100 naira or imprisonment for three month or both
do not make any impact on any bailiff or registrar that obstruct the process of enforcement19.

A judgment of court is a determination of rights of which the court has cognizance and which gives
some particular relief capable of being enforced20. It creates and vests rights and obligation in the parties
making it obligatory for them to obey it. These parties are judgment creditors and judgment debtors.
The judgments of the court should be complied with, without demand and in such a case it became
operative from the moment it is delivered unless the court otherwise orders. Process shall be issued by
application of the judgment creditor from the court before which proceeding is sought to be enforced.
The judgment shall be executed by or through court for division or district where party or property is
situated by paying all the necessary fees for the issuance of writ. Such execution should be carried out
by the sheriffs and bailiffs of such court. Therefore, any judgment given by the court may direct.
A judgment may be given in one state but executed in another because it is the place where the judgment

debtor resides or carries on business or has property. This means the writ is issued from the court which

gives judgment (the home court)21 whilst it may be executed in another court (the foreign court).

19 Judgment (Enforcement) Rules, 2004, Order 1, Rule 16

20 Gov. of Gongola State v. Tukur (supra) p.1,at 602, Afolayan A.F. and Okorie P.C (2007), Mordern Civil Procedure Law;

Dee-Sage Nigeria ltd, Lagos P.297.

21 Interpretation section of the Judgment (Enforcement) Rules.

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PROCEDURE (INTRASTATE)

Where the matter is for the execution of a judgment in another magisterial district, the procedure is that

the Registrar of the home court issues the process and sends to the Registrar of the same (foreign) court

for the district the execution is to be levied, requesting the latter to cause the process to be executed

with his division.22 The process is transmitted with a warrant in Form 1123 endorsed on it or annexed

to it. The warrant authorises the Registrar of the foreign court to act in all respects, as though the process

had been issued from his court originally. After the execution the Registrar of the foreign court makes

a report of the execution of the process and remits all the proceeds received. Form 12 24 is used for the

returns to the home court. This process does not require leave of court.

PROCEDURE (INTERSTATE)

The jurisdiction of every court is confined to the boundaries of the state it is in and so, a judgment

delivered in one state to be executed in another would require a federal (uniform) legislation to govern

it. The Sheriff and Civil Process Act fulfils this requirement and for this category of processes, Sections

104 to 110 provide guidance.

The first step is for the judgment creditor to apply to the Registrar of the home court for a certificate of

the judgment sought to be enforced in the form and containing the particulars set forth in the Second

Schedule or as near thereto as the circumstances will permit, which certificate the Registrar is required

to grant under his hand and the seal of such court.25 The certificate is issued under the hand of the

Registrar and seal of the court. It is then delivered to the judgment creditor or his lawyer.

22 See Sections 37 & 39 of the SCPA and Order 2 R26(2) & Rule 28 of the Judgment (Enforcement) Rules.
23 First Schedule of SCPA.
24 Ibid.
25 Section 104 SCPA

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The process is then taken to the Registrar of a magistrate of like jurisdiction in the state which he

intends to execute the judgment The Registrar of the foreign court then enters the particulars of the

judgment in the register called, “The Nigerian Register of Judgments”. From the date of registration

the certificate shall be a record of the court in which it is registered, and shall have the same force and

effect in all respects as a judgment of that court, and the like proceedings may be taken upon the

certificate as if the judgment had been a judgment of that court. 26 The court can then deal with the

judgment as though it were a judgment of its own.27 Therefore, the foreign court can hear an application

for stay of execution by the judgment debtor or such other applications that the judgment debtor could

have made to the home court.28 The judgment creditor shall depose to an affidavit stating:

1. The amount of the judgment debt that is due but unpaid;

2. The act ordered to be done which remains undone; or

3. The person ordered to refrain from doing an act has disobeyed the court’s order.29

The judgment creditor then applies for the appropriate execution process which is then executed. After

execution, the Registrar of the foreign court will make a report of the execution, stating in it whether

the judgment has been satisfied in whole or in part. The report is to be filed under the seal of his court.

TYPES OF JUDGMENT:
The term “Judgment” or “Order” connotes any decision given by a court on a question or questions
at issue between the parties to the proceedings properly before the court 30. In the case of Saraki
&Anor v. Kotoye 31 , the supreme Court simply defined judgement as: “a binding, authentic, official,
judicial determination of the court in respect of the claims and in an action before it”

26 Section 105 SCPA

27 Section 108 SCPA
28 Section 109(1) & (2) SCPA.
29 Section 107.
30 Afe Babalola, OFR,SAN, Enforcement of Judgement, 1st edn 2003.
31 (1992)9 NWLR (Pt.264)156

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Judgement can be classified into two:
A) DOMESTIC JUDGMENT: A domestic judgment can be defined as a judgment rendered
by the courts of the state or country where the judgment or its effect is at issue. The following
are types of domestic judgments:
1) INTERLOCUTORY JUDGMENT
An interlocutory judgment can be seen as a non-final judgement made by the court between the time
of filing and the time of final judgement. Interlocutory judgement merely addresses the issues present
in the case. They are not in itself the final judgements. These are orders obtained in the course of
pending proceedings that are granted to last either until the hearing of a motion on notice (in the case
of orders obtained without notice; i.e., at an ex parte hearing) or until the conclusion of the suit. An
order is granted upon an ex parte application where from the nature of the application the interest of
the other party will not be affected or in matters of extreme urgency. The courts are empowered to
make a number of interlocutory orders for the preservation of the subject matter of the suit or the
maintenance of the status quo until the final determination of the case. 32 The Court of Appeal in the
33
case of Okhokue v. Obadan held that a Judgement should be regarded as final where the
determination of the court disposes of the rights of the parties and not merely an issue in the case.
Flowing from this, the real test for determining whether a Judgement is final or interlocutory is if the
Judgement or order made finally disposes of the rights of the parties. If it dies, then it ought to be treated
as the final Judgement. However, if it does not then it should be seen as an interlocutory judgement.
2) FINAL JUDGMENT
A final Judgment is a binding decision of the court delivered at the end of the trial or, in appropriate
cases, upon consideration of the affidavit evidence presented to the court. In the final judgment, the
court settles all issues in controversy between the parties and gives final orders in accordance with the
reliefs sought by the parties. The reliefs could be injunctive, declaratory, an order for specific
performance, etc. The last decision from a court that resolves all issues in dispute and settles the parties'
rights with respect to those issues is a final Judgment. A final judgment leaves nothing except decisions
on how to enforce the judgment, whether to award cost and whether to file an appeal. A final Judgment
can only be changed upon appeal. Each court of appeal has the power to change a Judgment which has
been given by the lower court. The judgment can either be changed or retained.

32Olasupo Shasore SAN, Bello Salihu, Orji Uka and Teniola AkejuALP NG & Co,’ Enforcement of Judgements’
33 (1989) 5 NWLR (Pt.120) 185

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 3) SUMMARY JUDGMENT
This is a judgment delivered by the court without a trial. This happens when the matter is non-
contentious or when the defendant has no defense to the claim. Summary judgment is a final judgment
on the merits, and, unlike a default judgment, it cannot be set aside by the court that granted it.
4) CONSENT JUDGEMENT
This is a judgment made with the agreement (consent) of both parties. Here, both parties reach an out-
of-court settlement of the dispute between them and present the settlement agreement (the terms of
settlement) to be made as the final, valid and binding judgment of the court on the parties.
5) DEFAULT JUDGEMENT
This may be obtained by the claimant where the defendant fails to file a response (defense) to the
originating process within the time prescribed in the applicable rules of court or where the defendant
fails to appear on a date fixed for hearing. The defendant’s failure to file a defense to the claim is
deemed to be an admission of the facts contained in the statement of claim and the claimant is entitled
to judgment where the claim discloses a cause of action. Default judgment is only applicable where the
claimant’s claim is for pecuniary damages or detention of goods with or without a claim for pecuniary
damages. A default judgment is not a judgment on the merits and can be set aside by the court that
grants it. The rules of court recognize different categories of default judgment, including judgment in
default of appearance, judgment in default of defense, and judgment in default of appearance at case
management conference.34
B) FOREIGN JUDGEMENT
Only the judgement of a superior court of a foreign country may be enforced in a High Court in Nigeria.
The procedure is that, a judgement creditor may apply to a Superior Court in Nigeria at any time within
six years after the date of judgement or after the date of last judgement (where judgement was appealed)
but an application may be made for registration within twelve months from the date of judgement or
such longer period as may be allowed by the Court. It should be noted that the judgement will not be
enforced unless: it is a final judgement delivered by a court of competent jurisdiction, the judgement is
for a definite sum, the judgement debtor was properly notified of the commencement of the court of
origin’s proceedings and the judgement is not obtained by fraud.35

34 Enforcement of Judgements by Olasupo Shasore SAN, Bello Salihu, Orji Uka and Teniola AkejuALP NG & Co
35 Section 6 of the Foreign Judgement (Reciprocal Enforcement) Act Cap F 35 LFN 2010.

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Challenges of Foreign Judgement
There are some challenges involved in the process of enforcement of foreign judgements.
Weems36 identified them as
(I) The foreign country may require the Judgement to be converted into local currency which
may or may not render the Judgement creditor whole as applicable in United States,
Malaysia. United Arab Emirates
(II) The foreign country may not allow the losing party to appeal the court’s decision against
foreign money Judgement (applicable in Spain, Chile, and Venezuela
(III) The foreign country may require a Government Official or Agency to approve or give an
opinion on the legality of enforcement (applicable in South Africa, Venezuela, Israel,
Mexico, Spain)
The foreign country may refuse to hear non-resident judgement debtor who has assets in the foreign
country (applicable in Cyprus and Brazil).

PARTIES TO EXECUTION OF JUDGMENT

There are critical parties to an execution of Judgment and court orders. These parties include but not
limited to; a sheriff and a bailiff. According to the Black’s law dictionary, A Bailiff: “is a court officer
or attendant who has charge of a court session in the matter of keeping order, custody of the jury
and custody of prisoners while in court. One to whom some authority, care, guardianship or
jurisdiction is delivered, committed or entrusted. One who is deputed or appointed to take charge of
another’s affairs, an overseer or superintendent; a keeper, protector or guardian or steward”
While a Sheriff is defined as “The chief executive and administrative officer of a county being chosen
by popular election. His principal duties are in aid of the criminal and civil courts of record such as
serving process, summoning juries, executing judgments, holding judicial sales and the likes. He is
also the chief conservator of sales and the likes”
Sections 3,4 and 5 of the Sheriffs and Civil Processes Act (SCPA)37 provide for the appointment of
sheriffs, deputy sheriffs and bailiffs for each state of the federation and the Federal Capital Territory.
Conventionally, the office and functions of the sheriff are carried out by the chief registrar of each state
high court while a deputy chief registrar or chief magistrate is appointed to perform the functions of a
deputy sheriff. A bailiff is usually appointed by the sheriff to aid in the execution of judgments and

36 R.P. Weems, “Guideline for enforcing money judgments Abroad” https://www.kslaws.com.

37 Cap S6 Laws of the Federation of Nigeria, 2010

14
orders. The duties of these officers are stated in sections 7-13 of the SCPA. Section 15 the said act
provides that it shall be the duty of every police officer to assist in the execution of the process of the
court.

There are usually two parties to enforcement of a judgment, the judgment creditor and the judgment
debtor. A judgment creditor is the party in whose favor the judgment or order was made and subsist,
while a judgment debtor is the party against whom the judgment or order was made38 the use of the
words „‟creditor and debtor‟‟ does not imply that the judgment must be for payment of money.
The terms, therefore, are used for every type of judgment or order. Thus the parties to an order of
mandamus can be described as judgment creditors and judgment debtors, the former being the person
entitled to enforce the order or to see that it is enforced and carried out and the latter, the one liable

38 Ekwunnife v. Wayne (W/A) Ltd. (1989)5, NWLR 422, at 446, Sheriff and civil Process Act,2004, S. 19(1).

15
under the order to carry out the contents of same39.
A judgment debt itself is a debt or damages or other monetary award which has been pronounced upon
by the court of competent jurisdiction. It begins when the court has pronounced its judgment in favor
of the plaintiff40. Such debt or damages or award does not become a judgment until the court or Judge
adjudges the defendant liability to pay it41.There are two exceptional cases in which judgment creditor
or debtor is not a party to a suit. Where for example, there is devolution of the rights and liabilities
under a judgment as a result of death or otherwise, the successor in title and either of the two parties
may enforce or be liable under the judgment. Thus on the death of a judgment debtor before execution
application for execution of judgment may be made against his legal representative or estate and if the
court grants the application, the judgment may be executed accordingly. Notice of this application must
be served on the personal representative42. For the purpose of this sort of execution, the property of the
deceased judgment debtor may be attached and sold if the judgment is for money to be paid out of the
property. If no property of the deceased can be found and the legal representative fails to satisfy the
court that he has fully applied, such property of the

39 Adebutu v. City Engineer (1968) NWLR 133

40 ibid
41 ibid
42. Re: Shepherd (1890) 43 ch. D. 137, Nwadialo F. (2000) Civil Procedure in Nigeria. University of Lagos Press, Lagos,
Nigeria, p.967.

16
deceased, as shall be proved to have come into his possession, the judgment may be executed against
the legal representative to the extent of the property not duly applied by him in the same manner as if
the judgment has been against him personally43.

Where the judgment creditor died, his legal representatives may also apply to the court for leave to
enforce the judgment. Such application may be made exparte44.An assignee of the judgment can only
levy execution if the whole judgment is assigned45,but not where the assignment is of part only of the
judgment46.Writ of execution may be issue on behalf of any party to the suit, by leave of the court,
upon proof of his title to the benefit of the judgment, and upon substitution of the name of the new
judgment creditor.
Where a judgment is against a firm, execution may be issue as follows: against its property, against any
person who has admitted in the proceedings that he was a partner when the cause of action arose or
who has been adjudged to be liable as a partner, and, against any person who was individually served
with summons as a partner or a person sought to be made liable. If there was a trial and the person so
served failed to appear at the trial, or if the proceeding was an action on the undefended list or default
action, and judgment were entered in default of defense if the judgment creditor claims to be entitled
to issue execution against any other person as a partner, he may apply to the court by motion on notice
served on the alleged partner personally and on the hearing of the application the court may give leave
to issue writ of execution if liability is not disputed, but if it is disputed it may order the issue of liability
to be timed in such manner as the court thinks fit, and may give all necessary directions for that purpose.
The sheriff’s duties and liabilities are three-fold;
a) To the judgment creditor, to obey the writ and any lawful instructions that have been given to
him;
b) To the judgment debtor, not to do any act not authorized so to do;
c) To the court, to make a return to the writ, if required so to do.
The law does not require the sheriff to hand over goods seized under a writ of fieri facias to the judgment
creditor in satisfaction of the debt owed. However, the judgment debtor or judgment creditor may be a
purchaser of the goods at the sale. Re: Rogers,Ex parte Villars47.

43 Judgments ( Enforcement) Rules, Order 2, Rule 17, 18 and 19

44 Mercer v. Lawrence (1878)26WR 506.
45 Foster v. Baker (1910) 2, K.B., 636
46 Aloa v. Latayo in Re Omo-Eboh (1962) 2, All NLRR, 165
47 (1874) 9 Ch App. 432 at 437

17
MODE OF ENFORCEMENT OF JUDGMENT AND COURT ORDERS:
Enforcement of judgement can be seen as the last stage of a judicial process after the legal right or
claim has been converted into judgement which is yet to be enforced. The enforcement of judgement
is an important step in any matter brought before a court for resolution. The reason for the importance
of judgement enforcement is that when a judgement is given and it is not enforced, it becomes useless
to the party. See Saraki & Anr. v. Kotoye (Supra).
A judgement may require the payment of money from one person to another or it may require person
to do or abstain from doing a particular act. The court do not normally take steps towards the
enforcement of judgement in certain civil matters. It is left for the successful party to take certain steps
to invoke the machinery of the court in various ways to enforce the judgement or order and so secure
the benefits of the success of his litigation. The overriding of the judicial process of enforcement is to
provide for creditors the fruit of the judgement, to obtain for him due satisfaction, compensation,
restitution, performance or relief
The process of enforcement is broadly referred to as execution. Lord Denning in the case of The
Overseas Aviation Engineering (GB) Ltd 48 summarized the process as he stated that;
“Execution means quite simply the process for enforcing or giving effect to the judgment of the court
…… in case when execution was had by means of a common law writ, such a fieri facias ……. It
was legal execution; when it was had by means of equitable remedy, such as the appointment of
receiver, then it was equitable execution because it was the process for enforcing or giving effect to
the judgement of the court.”
As stated previously the burden for the activation of the process for enforcement of judgement rests
on the successful party. Conversely the court has no power and machinery to act of its own motion to
enforce, still left to police, its own judgement. In enforcement of judgement, there is no general
enforcement machinery. This means that for each process the judgement creditor picks, he will have
to begin a fresh and separate proceeding to give effect to the judgement or order by the court. It is
important to note that the mode of enforcement which the judgement creditor picks should be tailored
towards the kind of remedy which was given. The power of the court to enforce and ensure compliance
with it’s judgement or order is laid down in Section 6(6)(a) of the 1999 constitution which provides
that the judicial powers of the court “shall extend notwithstanding anything to the contrary in this
constitution to all inherent powers and sanctions of a court of law “. Section 6(6)(b) goes further to
provide that the powers” shall extend to all matters between persons or between government or

48 (1963) Ch 24 at Pp 39,40

18
authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the
determination of any question as to the civil Rights and obligations of that person”
Enforcement of judgement can be done according to the subject matter such as;
A) MONEY MATTERS
In this instance, the judgement debtor is required to pay the judgement creditor a certain amount of
money.
Mode of Enforcement
1) Writ of fieri facias: This writ is popularly known as writ of fifa. By this writ the judgement
debt is recovered by the seizure and sale to the judgement debtor’s property. The proceeds of
the debt are then used to pay up the debt owed to the judgement creditor. It is important to note
that the writ of fifa can only be issued upon the expiration of three days from the date of delivery
of judgement. The first call is on the movable properties of the judgement debtor. According to
section 25 of the Sheriff and Civil Processes Act 49 it limits the amount of the property that can
be seized and exempts wearing apparels, bedding and work tools. It is important to note that
those properties cannot be sold until after the expiration of five clear days from the date of
seizure, unless the judgement debtor request in writing that they be sold before the expiration
of five days.
2) Garnishee Proceedings: This is governed by section 83-92 of the Sheriff and Civil Processes
Act. This type of proceeding happens when the judgement debtor has money due to him from
the third party, now called the garnishee. The court may call the third party upon the application
of the judgement creditor now the garnishor, to pay the money which is due to the judgement
debtor, to the court after which the money will be paid to the judgement creditor in settlement
of the debt. The judgment creditor applies, by a motion ex parte, for an order nisi, which is a
conditional order, to compel the garnishee to appear before the court and show reasonable cause
why he should not be made to pay the debt to the creditor. Where the garnishee fails to show
reasonable cause or honor the invitation of the court, the order nisi may be made absolute and
the money judgment will be enforceable against him, as if he were the judgment debtor and the
appropriate writ of execution may be issued against him.50
3) Judgement Summons: This is provided for in Section 55 of the SCPA. This is another mode
of enforcement of money judgement. It usually involves a judgement debtor who has the ability
and resource to pay but refuses to do so. He may be committed to prison for his default. The

49 Cap S6 LFN 2010.

50 Ayotomiwa Adebanjo Olisa Agbakoba Legal (OAL) , The Procedure for Enforcement of Judgement in Nigeria.

19
 judgement debtor is usually brought into court and examined orally as to his source of income.
If at the end of the examination, the court comes to the conclusion that the Judgement debtor
has the means to pay off his debt it may make any of the orders provided in that regard including
an order to committal to prison. The court may also give an order for payment in installments.
4) Sequestration: The governing law for this is Section 82 of the SCPA. An application for
sequestration may only be made to the High Court. It is similar to a writ of Fi Fa but, in this
case, the intent is not to sell the property or transfer title but to appoint "commissioners" to enter
the judgment debtor's immovable property for the purpose of collecting and keeping the rent or
profits accruing on the property, or to seize the property and detain until the judgment debtor
clears himself of contempt or until the court makes a contrary order, which could be that the
debt be settled out of the funds obtained. This is on the authority of Order 11 Rule 9 of
the Judgment Enforcement Rules.

B) JUDGEMENT FOR POSSESSION

This is where the judgement creditor has obtained judgement for the possession of the property which
was in dispute. The modes of enforcing this judgement includes, writ of possession, warrant of
possession and committal order.

C) JUDGEMENT FOR DELIVERY OF GOODS

This is for cases where the judgment was for the delivery of goods from the judgment creditor to the
judgment debtor. The modes for enforcing this judgement includes committal order, writ of
Sequestration and writ of specific delivery.
Enforceable Judgement
Every Judgment of the court must be obeyed and is effective from the date of its delivery or from such
a date as the judgment itself appoints. The judgement is meant to be obeyed without demand and if
there is default in obedience, after a period of grace which can be between three to fourteen days as the
rules may prescribe, the judgement creditor is entitled to commence enforcement proceedings.
Generally enforceable Judgments include that:
a) Which the time for its enforcement has arrived,
b) Which requires the payment of money, or which directs its recovery
c) Which requires the transfer, delivery or recovery of possession of property, real or
personal or which requires a person to do or abstain from an act,
d) Which has not been satisfied

20
 e) Which is not stayed or on which execution is not stayed,
f) Which has not become statute barred.
The Court will also enforce:
a) Order of Industrial Tribunals
b) An award on Arbitration governed by the Arbitration Act
c) A maintenance orders.51
The foregoing can also be classified as executory judgment. In Okoya v Santili,52 the Supreme Court
defined executory Judgments which declare the respective rights of the parties and then proceeds to
order the defendants to act in a particular way; for example, to pay damages or refrain from interfering
with the plaintiffs’ rights. The Supreme Court went further to say that such judgements are enforceable
by execution if disobeyed.
Unenforceable Judgments:
Some judgements are incapable of being executed as the judgment or the order itself is all that the party
obtaining It requires. One of the types of Judgments which cannot be executed is a declaratory
judgment, the reason being that a declaratory order merely declares the rights of the parties and is
dormant hence it has no force of execution in the judgment or order.
However, a declaratory judgment may be enforced by an action. Thus, the party who obtains a
declaratory judgment or order may go back to the court and seek an order to enforce it.53
An interlocutory judgement also cannot be enforced. The Supreme court held in Government of
Gongola State v Turkur that “One of the types of judgments which cannot be executed is an
interlocutory judgment because it does not at once affect the status of the parties, neither does it
finally dispose of their rights since it leaves undecided the various points at the issue and no
execution can proceed without reference to court”.

PROCEDURE FOR THE APPLICATION OF PROCESS

a) Time within which execution may be levied:

A decree or an order of the court may command immediate authority and must be obeyed without
demand immediately after the order has been made. However, if there is no immediate compliance,
execution can only commence after expiration of a specified period of time from the date of judgment.

51 Afe Babalola, ‘Enforcement of Judgements’ (1st ed,, Intec printers limited 2003)1
52 (1990)2NWLR (Part 131) 172
53 Govt of Gongola State v Turkur (1989) 4 ( part 117) 592

21
Under the rules, no process other than that right of possession shall, except by express leave of court,
be issued until after the expiration of three days from the day on which judgment is given54. For a writ
of possession the stipulated time of issue is after the expiration of the day on which defendant is ordered
to give possession or if no day is fixed by the court for giving possession, then after the expiration of
fourteen days from the day on which judgment is given55. As between the original parties, process,
otherwise than against the person may be issue at any time within six years and against the person at
any time within two years, from the date of judgment which is immediately sought to be enforced56.
But where then execution of the judgment is by way of proceedings against the person of the judgment
debtor e.g., his committal to prison, the necessary process or writ must be issued within two years from
the date of the judgment and when the execution is by way of proceeding against his property, e.g.
attachment and sale, the corresponding period is six years.

54 Judgments (Enforcement) Rules, Order 4, Rule 2.Abubakar S. O. (2008) COMPEDUIM OF LAWS Under the Nigerian
Legal System(2nd ed),( Vol. 2 ),Maiyati Chambers Lagos, Nigeria,p.28.
55 ibid ,Order 4, Rule 1
56 ibid. Order 4, Rule 8(2).

22
With leave of court, execution can still be levied after the expiration of the prescribed period in each
case. The application for leave is made exparte57.Where leave is given a note thereof is made on the
process. Failure to endorse the process to show that leave has been given amounts to an irregularity.
The effect of which is not only that a process was not taken out as required by law but also that no
process was taken out at all58. The judgment creditor, is however, at liberty to cause a fresh process to
be issued59.
A writ of execution remains valid for one year from the date it was issued. After one, year the writ
expire, and once execution is carried out with the expired writ , the execution becomes void 60.But the
court may, on the application of the judgment creditor, extend it beyond the period. A new writ may
however be issued instead of applying for the extension. But the disadvantage in so doing is that, the
new writ takes priority from it date61. Whereas, by renewing a writ, its priority is preserved. Execution
is effected between 6:00am and 6:00pm of any day other than a Sunday or public holiday, unless the
judgment or magistrate directs otherwise by order endorsed on the process to be executed62.But where
the execution is for attachment of the judgment debtors property, execution can be carried out as early
as 5:00am and can be extended to 11:00pm as the case may be, depending on the nature of the of the
person against whom execution is to be levied, e.g. Government or security officers.

57 ibid
58 Barau v. United African Company (1971 - 72), NNLR, 14.
59 ibid
60 Judgments (Enforcement) Rules, Order 4, Rule 4(10), High Court of the Federal Capital Territory, Abuja ,Civil

Procedure Rules, 2004, order 4, Rule 16(1). Okoye Obi A. (1983) Essay On Civil Procedings Vol.1, Elmina Books Ltd.Enugu,
Nigeria.
61 Re Broughton (1917)5, R (NSW) 29.
62 Judgments ( Enforcement) Rules, Order 2, Rule 4

23
24
The Court From Which Process Is Issue: The rules says, save in the exceptional cases to be
mentioned “process shall be issued from the court before which the proceeding is pending or which
gave the judgment sought to be enforced , as the case may be, and from no other court”63. As a general
rule a judgment may be enforced in the court which gave the judgment and in no order court64. The
judgment given on appeal by an appellate court becomes the judgment of the court from which the
appeal came65. If therefore, in an appeal against the judgment of a court, the Appeal Courts makes and
order, that order becomes an order of the court and should be enforced therein and not in the appeal
court66. The rules of an appellate court may expressly empower the lower court to enforce the judgments
or orders of the appellate court67.The Supreme Court, in J.O. Anakwenze v.Louis Aneke& others68,
held that, the court of appeal being a superior court of record, had an inherent power to enforce a
judgment given by it on appeal. Apart from this power, the court of Appeal Rules, 198169 and the
Supreme Court Rules, 198570 empower the Court of the Appeal and Supreme Court, respectively, to
enforce their judgments or to rent same to the court below for enforcement.

Therefore, under the High Court of Federal Capital Territory Abuja, after the pronouncement of the
judgment of the court, the lower court from which the appeal came shall have the same jurisdiction and
power to enforce and shall enforce, any decision which may have been affirmed, modified, amended
or substituted by the court or any judgment which may have been pronounced by the court, in the same
manner in all respects as if such decision or

63 . ibid, Order 2, Rule 24.

64 I.A. Oyeteso v. MadamTola (1968) NMLR, 317.
65 ibid
66 ibid
67 Court of Appeal Rules, 1981, Order 5, Rule 4.
68 (1985), 6, S. C., 41.
69 Judgments ( Enforcement) Rules, Order 5, Rule 4.
70 ibid, Order 9, Rule 15.

25
judgment had been pronounced by itself71.Any order given or made by the court may be enforced by
the court or by the lower courts as may be most expedient72.
The exceptional cases referred to in Rule 24 of Order 2 in which execution may issue in a court other
than the one that give the judgment are: where a judgment has been obtained in a Magistrate Court,
execution against the immovable property of the judgment debtor issues only from the High Court and
not the magistrates‟ court73.A judgment summons against a judgment debtor is issued by the court in
the district or division in which the judgment debtor resides or carries on business, or in the case of two
or more judgment debtors, in which one of them resides or carries on business, which court may not
necessarily be the one that gave the judgment74. A writ of sequestration, or a writ of interim attachment
directed against any immovable property of a defendant or judgment debtor in execution of a judgment
of a magistrates court can only issue out of the High Court upon the transfer thereto of the
proceedings75.Garnishee proceedings may be instituted in court other than the ones that gave the
judgment76 and a judgment given in one state‟s court may be enforced in a court of another state under
the provisions of the sheriff and civil process Act.

c) The place where execution to be levied:

The general rule is that process shall be executed by or through the court for the division or district
where the judgment debtor or the property to be affected is or situated and by no

71 ibid, order 43, Rule 28.

72 ibid, Order 43, Rule 29.
73 Sheriffs and Civil Process Act, 2004, S.44, Section 21.
74 ibid,S.44, Section 21 , S.58, Section 21
75 Judgments (Enforcement) Rules, Order 4, Rule 13.
76 ibid ,Order 8, Rule 1

26
other court77. If the execution is against the person of the judgment debtor, then the venue for execution
is the division of district the person is situated and, as against his property in that in which it is situated.
There are, however some exceptions to these rules which will be considered in due course example,
Garnishee proceedings and execution in a state of a judgment given by a court in another state which
will be discuss later. A judgment creditor who wants to enforce a judgment may make an application
for the appropriate process to the registrar of the court. If the required process is one which may issue
without an order of the Court or a judge or magistrate, he shall apply to the registrar in the first instanced
for it. But if it is one for which such order is necessary, the application to the registrar is made after the
order for its issue has been obtained78.
For application for issue of some processes, example, writ of execution, a praecipe or form is required
or prescribed. In such a case, the judgment Creditors is only to obtain the praecipe from the Court, dully
completed and then return it, as completed, to the registrar79.If a praecipe is not necessary the
application to the registrar is made by the judgment creditor filing a written request for the issue of the
process specifying the number and title of the suit, the date of judgment, the nature of the process, and
the name of the party against whom and the amount, if any, for which it is to be executed80.
Upon the application, the registrar, subject to the provisions of the rules, issues the process, he also
records in a book kept by him the precise time of the making of the application to him as well as on the
writ. If there is no any motion or appeal in respect of such matter as the
judge will request before signing the writ or warrant. The registrar will then forward the process to the
Enforcement and Execution Department, from which the head of the Department would minute and
forward the file to the Chief Registrar (the Deputy Sherriff) for approval. But the registrar may, at any
time, take direction of the Court as to any application, and in the meantime, refuse to issue the process.
d) Cost and expenses of execution:
Second schedule to the rules contain fees to be paid for the issue of writs (depending on the nature and
amount of the judgment sum) and sheriffs expenses for carrying out such functions related to the
execution. These fees are paid in the first instance by the judgment creditor. He also pays for the
expenses of the conveyance to and subsistence of the judgment debtor in prison in case of the latter‟s
committal therein for default in carrying court‟s order. The judgment creditor is legally responsible for
paying the expenses and providing all necessary fees, and the execution shall not be proceeded with

77 . Judgments (Enforcement) Rules, Order 2, Rule 26

78 . Judgments (Enforcement) Rules, Order 4.
79 Ibid Order 4 Rule4.
80 ibid

27
until he has done so81. Where the execution is withdrawn, satisfied or stopped, any fees that might have
been properly incurred by the bailiff during execution shall also be paid by the judgment creditor.64
Except as otherwise prescribed by the sheriff and civil process act or the Judgments Enforcement Rules,
the costs, the fees and expenses of and incidental to the issue and the execution of any process paid by
the judgment creditor are allowed against the judgment debtor, unless the judge or magistrate otherwise
directs.65 The judgment creditor may levy these cost of execution, in addition to the judgment debt,
unless the court otherwise orders in 22

81 Judgments (Enforcement) Rules, Order 2, Rule 29(1), also smith v. Broadbent and Co. (1892) 1, Q.B., 531.
28
cases where the costs had been needlessly incurred82. The judgment creditor may levy any interest on
the judgment which the court may have ordered. Therefore the sheriff, deputy sheriff and bailiff are
public officers and paid for their services by the state. Where the judgment debtor pay the judgment
sum but refuse to pay for the expenses and cost for the execution, in the High Court of the Federal
Capital Territory, Abuja, the officers in charge of the execution are to attach the judgment debtors
properties worth the amount of the execution fees, which after five days on the application of the
judgment creditor for valuation and sale, will be valued and sell to recover such amount of fees incurred.
Where judgment is to the effect that a party is entitled to any relief subject to or upon the fulfillment of
a condition or contingency, the party so entitled can only enforce that judgment if the condition has
been fulfilled or the contingency has arisen. Application for leave of court made before the proceeding
to execution and the court may, then if satisfied that the right to relief has arisen according to the terms
of the judgment, order that, writ of execution be issued accordingly, or direct that any issue or question
necessary for determination of the right of the parties be tried as in a suit83.
The party may be deemed to have waived the relief if he fails to fulfill the condition. So where an order
was made in favor of the defendants for relief from forfeiture, subject to their performance certain
conditions some of which they declined to carry out, it was held that the order could not stand in the
circumstance and that the position was as if their application for the relief of forfeiture was refused by
the Court84.The party entitled to a conditional judgment cannot be compelled to perform the condition,
his only penalty being the loss of the benefit
of the Judgment85.If there are cross judgment between the same parties for the payment of money,
execution is taken by that party only who obtained judgment for a larger sum. Satisfaction for the
smaller sum is then entered on the judgment for the larger sum as well as satisfaction on the smaller
sum. If both sums are equal, satisfaction is entered upon both judgments86. In that case there is no need
for execution; Judgment in an action and in counter-claim are cross judgment.

CONCURRENT WRIT OF EXECUTION

Each of the various writs of execution is meant to enforce a specific type of judgment or order. Where
a judgment Creditor is granted reliefs which are enforceable by different writs, he may apply for the

82 Judgments (Enforcement) Rules, Order 2, Rule

83 Ibid, Order 2, Rule 15.
84 Talbor v.BlindelI (1908) 2, K.B 114

85 ibid
86 Judgments (Enforcement) Rules, Order 2, Rule 13.

29
issue of such writs concurrently. Therefore if the judgment is that a chattel be delivered to him in
addition to damages for their detention, he may have the two writs of delivery and fifa respectively
issued simultaneously. In the case of a judgment for payment of money, a judgment creditor may issue
two or more writs of fifa for execution in different districts or division within the jurisdiction,
particularly where the debtors good is in each of them are not substantially enough to satisfy the
judgment. He may also issue the writ in succession without waiting for a return to the first. Although
each of the concurrent writs is for the levy of the amount of the judgment debt, the judgment creditor
should not levy more than that amount in the process of executing all of them.
A judgment creditor cannot issue a series of writ of execution, each covering a portion only of one
single judgment. This situation is most likely to arise in a judgment for payment of money. He cannot
split the amount involved into smaller parts and then issue a writ of fifa for

30
each. This is because of the general rule of practice to the effect that upon judgment, a judgment creditor
can issue only one execution87, as in the maxim “one judgment, one execution”. Process may be issued
concurrently for execution in one or more division or district, but the costs of more than one process
and execution shall not be allowed against judgment debtor except by order of the court 88.Where a
judgment summons is pending or an order or warrant of commitment is outstanding in respect of money
payable under a judgment, no other writ of execution can be issue in respect of the money so payable
except by leave of court89. So that no other writ of execution should be issued concurrently with a
pending judgment summons.

87 foster v. Baker (Supra) P.3

88 Judgments (Enforcement) Rules, Order 4, Rule 11
89 ibid, Order 4, Rule 12

31
EXECUTION BY LEAVE OF COURT
Normally the judgment creditor proceeds to enforce the judgment as of right as soon as the necessary
procedural requirements have been fulfilled. No recourse to the court is necessary. Where leave is
necessary the judgment creditor applies to the Court for it by motion supported by affidavit. The motion
may be required to be on notice or exparte accordingly as the Rules provided. It is within the discretion
of the Court to grant leave to execute90 Dismissal of an application for leave is not a bar to a second
one where such a later application is founded on new facts and it can only be granted on facts not before
the Court on the first application91.Where leave is required, any execution proceedings initiated without

90 W.T. Lamba and Sons v. Ride (1948) 2, K.B., 331

91 ibid

32
such leave are incompetent and should be dismissed92.Cases where leave is required before execution
are provided under different orders and rules, these are:
i. Execution on Sunday and Public Holidays93: As a rule execution is not permitted on these days. But
a judge or magistrate may otherwise direct by order endorsed on the process to be executed, which arise
in the case of urgency. The judgment creditor may then apply to a judge or magistrate, not necessarily
in open court for required endorsement.
ii. Where judgment is conditional94;
iii. Judgment against personal representative of deceased person95;Judgment may be executed against
personal representative of a deceased judgment debtor if no property of the latter can be found and the
personal representative fails to satisfy the court that he has duly applied such property of the deceased
as shall be proved to have come into his possession to the extent of the property not duly applied by
him.
iv. Execution of a judgment against a partnership, against a person claimed by the judgment creditor to
be a partner of the firm96.Here the Judgment Creditor claims that, that person is a partner. He will then
apply by motion on notice for leave of Court to execute the judgment against the partner of the firm.
On hearing of the application, the Court may grant leave to execute, if liability is not disputed by the
partner of the firm. Otherwise it may order the issue of liability to be tried.

92 Ojo v. Williams & Anor. (1933)11, NLR 163 at 164

93 Order 2, Rule 4, Judgments (Enforcement) Rules
94 ibid ,Order 2, Rule 15
95 ibid ,Order 2, Rule 19
96 . Judgments (Enforcement) Rules, Order 2, Rule 21.

33
v. Execution before the expiration of three days from date of judgment97
vi. Execution by persons not party to the suit98.
vii. Execution against the person or property of judgment debtor after two years or six years from date
of judgment99,which made by motion exparte.
viii. Execution where change has taken place by death, or otherwise, in the parties entitled or liable to
execution100.This can also be by bankruptcy of the parties. Therefore on the death of the judgment
creditor, application is made exparte101,while if it is the judgment debtor, who has died to enforce the
judgment, the judgment creditor will apply for leave by motion on notice to the personal representative
of the deceased102.
In case of bankruptcy of a party, his trustees in bankruptcy step into his shoes. The judgment creditor‟s
trustee in bankruptcy may, by leave of court enforce a judgment in favor of the bankrupt and without
the need of his being added as a party. Devolution of rights can arise by assignment of judgment debt.
Any assignee of the judgment debt may, by leave of court, enforce it. But he cannot do this if part only
of the debt is assigned as execution can only be levied against the whole judgment 103. The assignor
does not have to be added as a party.

97 ibid, Order 4, Rule 1(2).

98 Ibid Order 4,Rule 2.
99 Ibid Order4 , Rule 8.
100 Ibid Order 4, Rule 9.
101 Mercer v. Lawrence (Supra) P.15.
102 Reshephard (supra)p.14.
103 Foster v. Baker (Supra) P.25

34
ix. Where a husband is entitle or liable to execution upon a judgment for or against his wife104.
x. Execution upon judgment of assets in Futuro105.
xi. Where a party is entitled to execution against any of the Shareholders of a joint stock company upon
a judgment recorded against such company or against a public officer representing such company106.
xii. Execution against immovable property107.
xiii. Execution upon materials used in construction of a building108.
xiv. Where there is a pending judgment summons109.
xv. Execution by warrant of committal110.
xvi. Execution on property custodia legis.111
xvii. Execution for entire balance of judgment where there is already an order for instalmental
payments. This replaces the original judgment that decreed for payment of the whole amount due, there
is no longer a present debt of the amount of judgment debt but a debt accruing due by so much a month
the judgment creditor can only levy execution for

104 Judgments (Enforcement) Rules, Order 4, Rule 9(6).

105 ibid ,Order 4, Rule 9(2) (c), Nwadialo F. (2000 ),supra p.978.
106 ibid, Order 4, Rule 9 (1) (d)
107 ibid, Order 4, Rule 16(1) & (2).
108 Sheriffs and Civil Process Act, 2004, Section 45, Section 21.
109 Judgments (Enforcement) Rules, Order 4, Rule 12.
110 . ibid ,Order 9, Rule 13
111 ibid, Order 3, Rule 5. 98 . Oduro v. Devis (1932)14, W.A.C.A. 46.

35
the amount of instalmental which has become due if he seeks to levy execution on the entire balance
he must make an application to that end in Court.
xviii. Execution by writ of delivery where judgment is for goods or payment of its value, where
judgment is given for the plaintiff for the return of the property claimed or payment of its value, the
defendant has an option to return the goods or pay the value. But “the court may upon application by
the plaintiff order that execution shall issue for the delivery of the property without given the defendant
the option of retaining it upon paying the value assessed, (if any)”112.Leave is therefore necessary where
delivery is only required by the judgment creditor. The application could be made exparte.

THE OBSTACLES OF ENFORCEMENT OF COURT JUDGMENT

Often time there is a clog in the wheel of justice administration through the process of enforcement of
judgment by factors which are sometimes not caused by the court but by litigant. Some of these factors
have long been identified as been a clog in a wheel of enforcement of Court Judgment in Nigeria.

Suffice it to point out that there are usually enormous challenges confronting the judge, the Sheriff,
Deputy Sheriff and bailiff in the process of giving effect to judgments. It’s part of the objectives of
justice delivery to ensure that a judgment creditor reaps the fruits of his/her judgment. The following
are some of the common factors inhibiting the quick or immediate realization of the fruits of judgments.
1.Stay of Execution
The Black’s Law Dictionary113defines a stay of execution as “the suspension or postponement or
halting of judgment or the like". Where a judgment debtor is not satisfied with the judgment of the
trial court, the latter may apply for an order of stay of execution against the judgment. The Supreme
court in Vaswani Trading Co v. Savalak114 provides the basis for granting a stay of execution.
Coker JSC held:
“Stay of execution will be granted where failure of it will destroy the subject matter of the
proceedings or foist upon the court, especially court of Appeal a situation of complete
helplessness or render nugatory any order of the Court of Appeal or paralysed the exercise
by the litigant of his constitutional right of appeal or provide a situation whereby, even if the
appellant succeeds on appeal, there will be no return to the status quo".

112 Omaladun& Other v. Akunsanya (1947)18, NLR, 115, also Supreme Court Practice, 1982, p. 764 – 765, para. 45/43.
113 8th edn, p 1453
114 (1972) 12 SC 77

36
Simply, the whole idea of stay of execution is to preserve the res i.e. the subject matter of the litigation
pending on appeal. The party applying for a stay of execution has the onus of showing special or
exceptional circumstances entitling him to the equitable interest. The implication of a stay of execution
is that once the order is given, the parties are required to maintain the status quo and not to allow either
party to take advantage of the litigation 115. An order of stay of execution is the discretionary power of
the courts which must be exercised judicially and judiciously. The Supreme court stated in Okafor v.
Nnaife116, that a discretion that is biased in favour of an applicant for a stay but does not adequately
take into consideration the respondent’s equal right to justice is a discretion that has not been
judiciously exercised. In practice, stay of execution have been abused, misused and is applied to deprive
judgement Creditors of the fruits of their success.117
2. Interpleader Summons
Interpleader is a proceeding by which a person, from whom two or more persons claim the same
property or debt and who not himself claim the property or debt, can protect himself from legal
proceedings by calling upon the Claimants to interplead, that is, claim against each other so that the
title in the property or debt may be determined. See Nwekeson v. Onuigbo118.
There are two types of interpleader. They are:
1. Sheriff's Interpleader
2. Stakeholder interpleader
Sheriff’s Interpleader: This is where a Sheriff seizes or intends to seize goods by way of
execution and a person (other than the judgment debtor) claims them. In such a case, the sheriff
initiates the proceedings to determine whether the property belongs to the judgment debtor or
to the claimant.
Stakeholder Interpleader: Stakeholder interpleader was summarily explained in Sofola v
C.L.C. Nig. Ltd., In Re: V.T Learning Ltd.119
“....is a situation where an action is brought or threatened against a legal personality
the like of a banker or a person the like of a Stakeholder who is in possession of money
or goods in which he has no interest but which are the subject of rival claims. It will
be unjust to put such a person in possession of money or goods in which he has no

115 Mobil oil Ltd V. Agadaigho (1988) 2 NWLR (pt.77)383

116 (1987) 4 NWLR (Pt. 64) P.129

117 A.Babalola (2003), Enforcement of judgments, Life gate publishing co.Ltd P.2
118 (1991) 3 NWLR (pt.178), 125 at 131
119 (2001) 53 W.R.N. 171 at P.180

37
 interest into an unnecessary expense of defending such an action. Under the English
Rules, Order 17 of the Supreme Court Practice, 1999, he may bring such rival
claimants before the Master ( a judge in Nigeria context) to determine the rightful
owner between the rival claimants and to shield himself from a possible court action
any of the rivals may want to foist on him. That type of interpleader summons is
known as “stakeholder’s interpleader”.

By the provision of Order VI Rule 1 of the Judgments (Enforcement)Rules, any claim or in respect of
attached property shall be made to the Bailiff holding the writ or to the Sheriff. Section 34(1)of the
Sheriffs and Civil Process Act also provides that if a claim is made to or in respect of any property
attached in execution under process of a court, or in respect of the proceeds or value thereof, the
registrar may, upon the application of the Sheriff, as well before as after the court the party at whose
instance the processes issued and the party making the claims. From the above provisions where a claim
is made to any money, goods or chattels taken or intended to be taken by a Sheriff in execution under
any process or to the proceeds or value of any such goods or chattels, by a person other than the person
against whom the process is issued, the Sheriff may apply to the court for relief by way of interpleader.
3. The issue of Costs, Expenses and Corruption of Court officials:
Generally, the judgment creditor is to fund the successful execution of the judgment order. The
judgment Creditor is to pay prescribed fees to the Registrar of court; these are minor expenditures for
the payment of wage to non-judicial administrators such as professional auctioneers for the execution
or to provide logistic support to the Sheriffs and the Police for a successful execution. It is pertinent to
know that the Sheriffs and Police are not entitled to any such additional stipends to carry out such
execution, as they are paid workers of the Judiciary and Nigerian Police Force respectively. In practice,
the Sheriffs and Police officers take advantage of the judgment Creditors and charge exorbitant fees to
carry out their lawful duties. Ordinarily, the Sheriff has the duty to organise the Police, hire and fuel
the vehicle for the execution of a judgment. However, these officers see this as an opportunity to
enrichment, which is a breeding ground for corruption. It is seen that after the judgment Creditor has
made payment to all the officers, the balance of the judgment sum may not be enough to satisfy the
judgment debt.
4. Limitation period for enforcement of judgment:
Order IV Rule 8(1) & (2) of the Judgment Enforcement Rules provides:
“As between the original parties, process, otherwise than against the person, may issue at
anytime within six years and against the person at anytime within two years, from the date of
the judgment which is immediately sought to the enforced. After such periods respectively

38
 process shall not issue without leave of the court, but no notice to the judgment debtor before
applying for such leave shall be necessary”.
In Nigeria, a foreign judgment may be registered within twelve months from the date of the judgment
or any longer period allowed by the registering High court in Nigeria120. If a judgment Creditor, without
leave of court, execute a judgment outside the stipulated statutory period, the judgment debtor may
apply to the court to set aside the execution of the judgment. The applicability of limitation laws to the
enforcement of judgment in Nigeria is another injustice and burden to the judgment creditors.
5. Death of parties to the Action:
Where the parties to the suit( judgment creditor and judgment debtor) dies before the execution of
judgment, the successor-in-title or legal representative of the parties may commence fresh proceeding
before a competent court to enforce the court order or judgement.121In commencing a fresh proceeding,
there will waste of time and also litigation cost. Order 15 Rule 3 Court of Appeal Rules 2021 provides
that delay in proceedings and delivery of judgment that a necessary party to the Appeal is dead, the
appeal shall be struck off the hearing list.
6.Enforcement of judgment against Government:
It is a challenge to enforce judgment against the government because the consent of the Attorney
General of Federation or state to be sought before the execution of the judgment. Section 84 of the
Sheriff and Civil Process Act provides that monies in the hand of a public officer cannot be enforced
or attached unless the consent of the Attorney General is sought or obtained. The court of Appeal in
the case of Government of Akwa Ibom V. Powercom Nigeria limited122, held that section 84(1) of the
Sheriff and Civil Process Act was not inconsistent with the provisions of the 1999 Constitution. It is
difficult to enforce judgment against government as no coercive sanction may be necessary for a
government to obey its order123. Another issue is that the constitution 124 provides that no money shall
be withdrawn from the consolidated revenue fund of the state except to meet the expenditure authorized
by the appropriation of law. The implication is that, if there is no provision for the payment of judgment
debts in the appropriation of Law, the Government or it’s agencies may refuse to pay the judgment
debt.

120 Macaulay V. R.Z.B Austria (n 17) P.599

121 Kaananwi P. Luke & Dr. Nuleera A. Duson , Practical Challenges to the Enforcement of judgement in Nigeria,

International Journal of Innovative Legal Political Studies, Seahl publications, 2020.

122 (2003) 10 NWLR Pt.827,40
123 Government of Gongola state V. Tukur (n.12) P.592
124 Section 12(2) and 3 Constitution Federal Republic of Nigeria, 1999 as amended

39
8. Executive Disobedience and Lawlessness: There is ever present in the body polity of this Country
the tendency for those who man the Executive Arm of Government to disregard as well as disobey the
judgments and orders of the courts of the land. The Executive have not only shown their dislike for
court orders and judgments. This uncivilized and unlawful conducts constitute one of the greatest
obstacles and bottlenecks to the enforcements of judgments and orders made by the court.
9. Most often, sharp legal practitioners in order to ensure that the fruits of judgments are delayed or not
reaped at all, employ these techniques frivolously or fraudulently. Usually they cause unnecessary
delays in the hearing of these applications by baseless applications for adjournments.

10. Lack of conductive working environment and adequate facilities: It is expected that attached
properties be kept in a safe place pending their sale. Nowadays the court staff is not housed (office
wise) talk less of properties. Additionally, facilities like towing vehicles would assist in execution but
are lacking not to talk of constant electricity supply and deep freezers to preserve perishable items
attached.

11. Poor remuneration/funding: The pay package of a judicial staff is not a take home pay; it is an
office take spent! Expectedly, where an officer is poorly remunerated, he cannot put in his best rather
he would be looking for avenues where he can cheat the system or the court user in order to make ends
meet. By the same token, since the Judiciary is not financially independent or adequately funded the
minimum facilities needed for optimum output are not there.

12. Attempt to resist execution by the judgment debtor is another factor that affects the enforcement of
court judgment. This is usually done by hiring thugs to stall the execution processes. This is very
common when the execution is on immovable properties such as land.

The above list is not exhaustive and constitutes material irregularity. It poses a great threat to the
integrity of not only judicial Administration, but to the Administration of Justice as well.

In view of the foregoing, I am of the strong view that these and other related issues must be effectively
tackled in the interest of justice administration and indeed, the legal profession. For public confidence
to be entrenched in the judicial system, the judiciary must rise up to the challenge, in not only ensuring
speedy dispensation of justice, but seeing to the fact that its decisions are enforceable and effectively
enforced.

40
RECOMMENDATIONS

Having identified some observable lacuna in the relevant laws and probable impediments to a
successful enforcement of judgments of Courts, it is therefore necessary to make some valuable
recommendations on the need to make appropriate legislations or review of existing relevant
legislations.

1. A careful examination of the provisions of the second schedule, Item 57, of the exclusive
legislative list of the 1999 constitution which relates to service of process, enforcement or
execution of court judgments, orders, decrees and decision of courts of competent jurisdiction,
reveals some inadequacies especially with respect to its applicability at the state level.
2. Also worthy of note is the provision of section 241 of the 1999 Constitution and the need for
appropriate review to stem the tide of manipulations and abuse it has been subjected to, and the
dire consequence it portends for administration of justice. As mentioned earlier, experience had
shown to a large extent, how parties who appeared not to be favored by court decision often
deliberately disobeyed court orders or stall the enforcement of judgment under the guise of
appealing against the ruling.
3. Judges, Magistrate and Kadis should also exercise judicially and judiciously their power with
regard to granting Order of stay of execution of their judgment or orders. This discretionary
power should not be abused. A judge conducting a trial therefore has the opportunity to see and
hear witnesses in the case as the trial judge. It is therefore the right of the trial judge to ascribe
value to the evidence before it. The trial judge thus acts on credible evidence and gives it a
proper evaluation. See the case of Ajiboye v. Ishola125.
4. The court officers saddled with the responsibility of executing judgments/orders of court must
acquaint themselves with the position of the law generally and especially as it relates to their
schedules. This would make their work cheaper, faster and better for the court users as well as
better the image of the institution. This could be done by way of seminars or workshops such
as this.

125 2006 13 NWLR pt998 628s

41
 5. That our employment mechanism must be strengthened to ensure that the right people and
indeed competent ones are employed so that dishonest practices can be reduced to the barest
minimum. i.e staff employed must administer the oath of office.
6. Code of Conduct for judicial employees must be imbibed. The code of conduct for court
employees is a good piece of subsidiary legislation that if imbibed by staff, all would be well
with the judiciary especially in surmounting the challenges faced during execution of
judgments/orders.
7. Deliberate mechanism is put in place to block loopholes. Here it is advocated that there should
be strict compliance with the requirement of keeping of books where the time a writ of execution
is applied for, the fees paid, the costs of execution, etc are recorded so as to check manipulation
of the figures to the detriment of either the judgment creditor or judgment debtor.
8. The judges themselves must Endeavour to ensure that their judgment/orders are clear i.e not
ambiguous as to allow room for mischief makers to give it a meaning other than what it ought
to be, this would make them easier for execution and would nip in the bud future likely multiple
litigations.
9. Improved remuneration and funding. Concerted efforts must continuously be made to ensure
that there is financial independence for the Judiciary to make room for improvement on the
working environment and facilities. Where a court has no vehicle of its own to convey attached
properties leaves the court staff at the mercy of the public transporter who could turn out to be
interested in the case in way or the other. It also remains to be stated that where staff are well
paid, they would maximally perform and instances of lapses noticed in execution would be
drastically reduced.
10. Improve conditions of services.
11. The Sheriffs of the court should be train and well armed, just like other jurisdiction in other clan
wherein the Sheriffs are trained paramilitary, the become like police of the court who carry out
enforcement of court Judgments and Orders. This will enable the Judiciary not to rely on the
Police for enforcement of court judgment.
12. Where the case involve the government as the judgement debtor, the Attorney General (of the
federation and state) should be able to provide an enabling environment to ensure that
government complies with court orders.126 Similarly, the provisions of the Appropriation Act
and the Sheriffs and Civil Processes Act, should also be amended to reflect the current realities

126 Kaanani Luke and Nuleera Duson, ‘Practical Challenges to the Enforcement of Judgement in Nigeria’ (2020) 8(2)

international Journal of Innovative Legal and Political Studies ,1.

42
 of our economy. It should also enable the judgement creditor enforce the judgement against the
government, without so much hardship.
13. There should be disciplinary measures put in place for lawyers who file frivolous applications
for stay of execution to frustrate judgment creditors. These disciplinary measures can include
payment of heavy fines and other professional penalties.
14. In cases that involve death, parties should be encouraged to submit to Alternative Dispute
Resolution Mechanisms, instead of embarking on fresh proceedings. This is advisable in order
to avoid procedural delays and cost of execution.
15. The limitation law on judgement enforcement should be eradicated. Judgment creditors should
be able to enforce judgment against his debtor whenever he is ready.127

CONCLUSION
The need for a successful enforcement of judgment of courts cannot be overemphasized. Getting
judgments or orders is only the first step, enforcing the judgment gotten is an entirely different thing
all together. Enforcing judgments in Nigeria has proven to be a very difficult task owing to various
factors. From talking about Judgment enforcement, it is clear that the process should not be
cumbersome, and dicey.

The onus therefore, lies on all stakeholders to be diligent and vigilant and be accountable in the
discharge of their respective duties. Judgments delivered by the courts of competent jurisdiction must
be enforced to the later, irrespective of persons, group of persons or juristic persons, as the case may
be. Justice, according to the popular maxim, must not only be done but manifestly be seen to have been
done.

On the whole, these identified challenges are prospect in form of solutions are not exhaustive, it is
hoped that they would go a long way in assisting us attain excellence as our goal.

In conclusion, while I urge you to accept my shortcomings, I hope your thoughts on this topic have
been provoked. I thank you for the audience.

127 O.O Ayenakin, I.K Faseyi, and T Akindejoye,’Enforcement of Judgement in Nigeria: Issues, Laws and Challenges’,

(2021) 9(7)Global Journal of Political and Law Research,1.

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