An overview of the problem of enforcement of judgment in Nigeria.

1. PROBLEM OF ENFORCEMENT OF JUDGMENT IN NIGERIA
Every successful litigant is entitled to the fruits of his judgment. Where a successful
litigant is unable to get and enjoy the fruits of his success in litigation, the whole essence
of the justice system will be defeated.
Enforcement of judgment is the final stage of the judicial process. Most judgments require
enforcement except declaratory judgment which merely declares the rights of a party
without imposing or making any order requiring compliance. Where there is voluntary
compliance with judgment, there will be no further need for enforcement of same.
The process of enforcing judgment is known as execution. The execution of judgments in
Nigeria is governed mainly by the Sheriff and Civil Process Act Cap. S6 LFN 2004
(hereinafter referred to as the Act) and the Judgment (Enforcement) Rules made pursuant
to the Act. It is worthy of note that section 19 of the Act defines a judgment to include an
order. Thus, both judgments and orders of court can be enforced.
Parts II-V (sections 20 -92) of the Act deals with modes of enforcement of judgments and
orders in Nigeria. For clarity purpose, it is pertinent to distinguish between enforcement
of money judgment and enforcement of judgment other than money judgment on the one
hand and enforcement of foreign judgment on the other hand. With respect to money
judgment, it could be enforced by either Garnishee proceeding, Writ of Fieri Facias (Writ
of Fifa), Judgment Summons, Writ of Sequestration or winding up proceeding. With
respect to judgment other than money judgment, it could be enforced through Writ of
Possession.
Garnishee proceeding is a proceeding for enforcement of money judgment whereby a
person or institution in custody of money belonging to the judgment debtor is ordered to
release the said money to the tune of the judgment sum for the purpose of satisfying the
judgment sum. The Garnishees are usually financial institutions like banks.

2. Writ of Fi Fa is usually resorted to where there is no money available to satisfy the
judgment sum. In this case, Writ of Fi Fa can be made to attach first, the movable property
of the judgment debtor for sale for the purpose of satisfying the judgment sum. Where
there is no enough movable property, the immovable property can be attached to satisfy
the judgment sum.
Judgment Summons is resorted to where the judgment debtor is unable to pay the
judgment sum and he is summoned before the court and examined orally regarding his
means. The court may commit the judgment debtor to prison at the end of the
examination on oath.
Writ of Sequestration is directed against the movable and immovable property of the
judgment debtor not for the purpose of sale but to keep them in detention so as to deny
the judgment debtor the property until he complies with the judgment especially where
the judgment debtor has the means of payment but refuses to pay.
Writ of Possession is used to enforce land judgment. Where a judgment creditor has
obtained a declaration of title to land, he can enforce the judgment by means of Writ of
possession.
Judgment can also be enforced by means of winding up proceeding where the judgment
debtor is a company registered under the Companies and Allied Matters Act, Cap C20
LFN 2004. The essence is to dissolve the company and use the proceeds to satisfy the
judgment sum.
With regards to foreign judgment, the judgment has to be registered in Nigeria for the
purpose of enforcement. Foreign judgment is regulated by the Foreign Judgments
(Reciprocal Enforcement) Act Cap F35 LFN 2004. However, for such judgment to be
enforceable in Nigeria, the judgment of Nigerian Court should be enforceable in the
country that gave the foreign judgment.
One thing is to get a judgment and another is to enforce it. Enforcement of judgment in
Nigeria is not easy to come by as the judgment debtors are fond of using different means

3. and devices to hinder the enforcement of judgment entered against them. They could
dispose of their property or even take the property out of the jurisdiction of the court or
hide same with a view to frustrating the enforcement of judgment against them. The good
news however is that the judgment debtor cannot hide forever. With patience and
perseverance, a successful litigant will still get his judgment enforced and reap the fruits
of his success in judgment irrespective of the time it takes.