NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
8.2 Settlement of Lawsuits and Confidentiality Settlement of a suit can remain confidential where the settlement agreement is not entered as a consent judgment. However, where the court enters the terms of the settlement as a consent judgment, it becomes a public document. To maintain confidentiality, parties can choose not to file the settlement terms in court. Instead, the claimant may apply to withdraw/discon- tinue the lawsuit, and the court will strike out or dis- miss the suit. In that case, the settlement agreement cannot be enforced as a judgment of the court, but it can be enforced as a binding contract. 8.3 Enforcement of Settlement Agreements When a settlement agreement/term of settlement becomes a consent judgment, it is enforceable like any other court judgment. The judgment creditor may apply for the enforcement of the judgment by gar- nishee proceedings, writ of fieri facias, judgment sum- mons or writ of sequestration pursuant to the Sheriff and Civil Process Act, 2004 (SCPA). Where the settlement agreement is not sanctioned and entered as a consent judgment by the court, it can be enforced only as a contract between the par- ties. The parties will then have to institute an action in court to enforce the settlement agreement. 8.4 Setting Aside Settlement Agreements An action will be filed in court seeking to set aside a settlement agreement. This will be the situation where the settlement agreement is yet to be sanctioned by the court. The grounds on which the court sets aside settlement agreements include fraud or fraudulent misrepresentation, mistake, or any other vitiating element which affords a ground for setting aside an agreement. The court will apply the same grounds where a settlement agreement has been entered as a consent judgment of the court. An appeal against a consent judgment must be made with the leave of the court.
and as such, people can request to inspect them and obtain certified true copies. 7.7 Level of Intervention by a Judge In Nigeria, the judge’s role is to uphold the principles of a fair hearing. The delicate role played by a judge in the Nigerian adversarial system of justice demands that the judge must be, and must be seen to be, impartial at all times. A judge must not descend into the arena of the dispute to the extent that it appears as though they are digging for evidence or giving or leading evidence in court. Judgments are typically not delivered on the date of the hearing and are usually reserved for or adjourned to a later date. Under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (the “Con- stitution”), superior courts must deliver written judg- ments with reasons within 90 days of the conclusion of the hearing. A judgment delivered outside the 90-day period may not be valid. 7.8 General Timeframes for Proceedings In Nigeria, there is no general timeframe for cases as this is dependent on the rules of the courts which differ from state to state, the congestion of the court dockets, the complexity of the cases, the number of interlocutory applications pending and the diligence of the lawyers. A commercial suit may take up to three years from filing to judgment. For matters commenced under the fast-track proce- dure (available in some states and for specific cases), the typical timeline from commencement to resolution is usually between nine and 12 months.
8. Settlement 8.1 Court Approval
Court approval is not required to settle a lawsuit. How- ever, parties may apply to the court for the terms of settlement to be entered as a consent judgment of the court. This will prevent the parties from re-litigating the facts settled in the consent judgment. Additionally, the parties cannot appeal a consent judgment without leave of the court, and that is hardly ever given.
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