
The Role Of Courts In Enforcement Of Judgments (Part 1)
17th of December, 2024.
Posted by: Prince Ahmed Hassan (TOHA)

BY: PROF. MIKE A. A. OZEKHOME, SAN, CON , OFR, FCIArb, LL.M, Ph.D, LL.D, D.Litt, D.SC, DA, DHL
Introduction
In Nigeria, the courts under the Constitution of Federal Republic of Nigeria, 1999 (Section 6, Constitution of Federal Republic of Nigeria, (as amended) 1999), has the power to hear and enter judgment in favour of a party to the matter, who has succeeded in proving his case. For any judgment delivered by a court of competent jurisdiction to become useful, it must be enforced, otherwise, the judgment cannot be used by the party to discharge the reliefs sought in the judgment by the court. There is no doubt, that the age long law is that a judgment of a Court of competent jurisdiction subsists until upset or sit aside on appeal. See NCC v. MOTOPHONE LTD & ANOR (2019) LPELR – 47401 (SC). This article shall focus on the role of the Courts in Nigeria, in the enforcement or execution of judgments delivered by the courts in Nigeria.
Therefore, in reviewing the role of the courts in the enforcement of judgement in Nigeria, we shall also review what courts and enforcement really mean, the types of judgments that is enforceable under Nigeria jurisprudence, the challenges encountered by courts in the enforcement of judgments, if any, and when a judgment is said to be fully and legally enforced or executed by a party to the judgment, through the courts.
What Is A Court?
A Court simply put is a forum, place or building where persons or corporate bodies litigants who have a dispute come to state facts and adduce evidence to prove their individual cases or allegations at trials. A court is constituted and established often by government as an adjudicating body or institution, with authority to decide legal disputes between and amongst disputants and running and managing the processes of justice in criminal and civil courts and adhering to the rule of law, equity and natural justice. The presiding person or groups of persons of these courts are usually called Magistrates, Judges, Justices and or Chairmen of Tribunals, which also serve as special courts.
There are various types of courts established under the 1999 Constitution of the Federal Republic of Nigeria [as Amended] 2011, [CFRN], from the Supreme Court of Nigeria (being the highest court of record) to customary courts.
Functions of Courts
The courts function as temples of justice, equity and natural law. The courts in Nigeria have many functions, including but not limited to the following:
- Interpreting the law: The Courts interprets the Constitution and other laws, statutes and case law.
- Protecting rights: The courts define citizens’ rights and protect vulnerable groups.
- Resolving disputes: The courts settle disputes between parties through the application of rules and procedures.
- Adjudicating: The courts determine guilt and administer punishment to those who have breached the law.
- Guarding the Constitution: The courts are the guardians of the Constitution other laws, statutes and case law and upholds the rule of law.
- Ensuring access to justice: The courts ensure that judicial services are accessible to everyone.
- Upholding the rule of law: The courts protect and preserve the rule of law and ensures that laws are in accordance with the constitution and other higher laws.
- Respecting human rights: The courts respect human rights and follows principles of fairness, equality, impartiality, legality and natural justice.
- Delivering effective remedies: The courts deliver effective remedies and exercise their remit with the highest level of integrity.
- Functions imposed by Statute Law: The courts exercises the role imposed by statutes, laws and the inherent powers of the courts.
What Is Judgment?
The word “judgement” can be termed as a pronouncement or a decision reached by a court over a matter that is pending before it. A person who judgment is entered in his favour is called the judgment creditor. The person whom a judgment is entered against is called the judgment debtor. It will suffice to say that judgment must be entered in favour of one party and not both the Claimant and Defendant. The Supreme Court defined the word ‘judgment’ in SARAKI & ANR. V. KOTOYE (1992) LPELR – 3016 (SC) as:
“A binding, authentic, official judicial determination of the Court in respect of the claims and in an action before it.”
Furthermore, UMANAH v. ATTAH & ORS, (2006) LPELR-3356(SC), Per NIKI TOBI, JSC, in defining what a judgment of court is, held that:
“The law is elementary that a minority judgment, as the name implies, is not the judgment of the court. The judgment of the court is the majority judgment.”
There are generally two types of judgments, to wit: Declaratory judgments and Executory judgments.
Declaratory judgments
A declaratory judgment is a court ruling that defines or clarifies the rights of the parties involved in a legal dispute. It’s a binding decision that can be used to resolve disputes, but it doesn’t require the court to order any action to be taken merely proclaims, or declares the existence of a legal relationship and does not contain any order which may be enforced against the judgment debtor. Furthermore, it is correct to state that a declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court.
It is a settled law that, whilst an executory judgment is capable of immediate execution, a declaratory judgment gives no such right. It merely declares the rights of the parties. The rights which it confers on the plaintiff can only become enforceable if another and subsequent judgment, albeit relying on the rights it declared, so decrees. Such a subsequent judgment conferring the power of execution is executor (See David Ogunlade v. Ezekiel Adeleye (1992) LPELR – 23040 (SC)). In such an instance, the date of enforceability will be the date of the subsequent (executory) judgment and not the earlier judgment, which is merely declaratory.
Executory Judgments
An executory judgment declares the respective rights of the parties and then proceeds to order the judgment debtor to act in a particular way, hence, it is enforceable. An executory judgment is a court order that is enforceable immediately after it is pronounced. It is also known as an enforceable judgment.
According to D.I. Efevwerhan¸ “every successful litigant desire to enjoy the fruit of his success, which is judgment.” Execution includes the process of carrying into effect the directions in a decree or judgment.
At this point, it may seem confusing for persons who are not well versed in law. However, this shall now digress to how a successful litigant can enforce a judgment against an unwilling judgment debtor.
Enforcement Of Judgment
Enforcement or execution of judgments can be defined as is defined as: “the process whereby a judgment or order of Court is enforced or given effect to according to law.”(See TUKUR v. GOVERNMENT OF GONGOLA STATE (1989) 4 NWLR (PT. 592) AT 608). The execution of a judgment thus encompasses the enforcement of the various writs provided under the laws for giving effect to a judgment and the most comprehensive laws governing enforcement of judgment are the Sheriffs and Civil Process Act, Cap S6, LFN 2004 and the Judgment (Enforcement) Rules. (Ibid).
It is one thing to argue your case before a court successfully and get judgment. It is another thing for the judgment creditor to objectify the fruits of his/her judgment. Often times, aside the psychological gratification of the declaration of’ judgment in winning party’s favour, the winning party ends up with a barren trophy, and the tangible realization of the fruits of the victory becomes a mirage. It is often times resulted from either ignorance or from the tiredness of protracted trial.
Before we progress into enforcement of judgment, it is good we know the law applicable in the enforcement of judgement of Nigeria. Some of these laws are:
- Judgment Enforcement Rules
- The Sheriffs and Civil Processes Act
- The 1999 Constitution
- Foreign Judgments [Enforcement Reciprocal] Act 2004
- Administration Criminal Justice Act 2015.
- The Civil Procedure Rules (Federal or States) of the several courts.
There are different modes of enforcing executory Judgments, as enforcement is according to subject matter. Under enforcement of judgment, the modalities for enforcing monetary judgment are different from the modes of enforcing possessory judgments.
- Money Judgments
Under monetary judgments, the judgment debtor is expected to pay the judgment creditor the awarded sum. This sum may be damages awarded or a debt the Judgment Debtor owed the Judgment Creditor, which may sometimes constitute the subject matter of the suit.
Modalities for Enforcement of Monetary judgments:
- Writ of Fieri Facias
This is process is adopted by a judgment creditor in a court to levy execution against the property of the judgment debtor; whether movable or immovable. It should be noted that the property must be within the within the jurisdiction of the court where the judgment was delivered. Under the Enforcement of Judgment, it can only be issued at the expiration of three (3) days from the date of delivery of judgment (see Order IV Rule 1(2) of the Judgment Enforcement Rules).
The initial step is on the movable property of judgment debtor. However, it must be limited to the property that may be seized and exempts wearing apparel, bedding and tools and implements of the judgment debtor’s trade to the value of N10, which is unarguably inconsequential because of the devaluation of the naira (see Section 25 of the Sheriffs and Civil Processes Act).
Another point to note is that seized property cannot be sold until the expiration of 5 clear days from the date of seizure, unless the goods are of a perishable nature or the judgment debtor requests that they be sold in writing. Where the seized and sold property of the judgment debtor cannot settle the debt, his immovable property may be attached but, with the leave of the High Court first. However, before the said leave can be obtained from a court by the judgment creditor, he must first show sufficient proof from the funds generated by the movable property did not settle the debt and that the property he is seeking to attach actually belongs to the judgment debtor. (To be continued).
Thought for the week
The Supreme Court is the last line of defense for the separation of powers and for the rights and liberties guaranteed by the Constitution. (Brett Kavanaugh).