NIGERIA Trends and Developments Contributed by: Yussuf Akinola Oyebanjo, Temilade Oluwaseun Adepate, David Ekanem and Charles Anorondu, Streamsowers & Köhn
Legal Framework, Challenges, and Prospects for the Enforcement of Judgments Through Sequestration in Nigeria Introduction The enforcement of court judgments is one of the cor - nerstones of the rule of law. Without effective enforce - ment mechanisms, court judgments risk becoming mere pronouncements devoid of practical signifi - cance. A successful party ought to reap the fruits of the judgment in his favour. Nigerian law, as with other common law jurisdictions, provides mechanisms through which judgments may be enforced for suc - cessful parties to enjoy the fruits of litigation. While a variety of enforcement mechanisms exist in Nigeria, such as writ of fieri facias, garnishee pro - ceedings, judgment summons and committal orders, a writ of sequestration occupies a peculiar niche as it becomes only significant where a judgment debtor who has had an order or warrant of arrest, commit - ment or imprisonment made against him cannot be found, or where a person is taken and detained in custody without obeying the judgment of a court. This article discusses the legal framework, proce - dural dimensions and challenges for the enforcement of court judgments through sequestration in Nigeria, and explores comparative practices in the United Kingdom. Conceptual basis Sequestration may be described as a judicial process by which a property is placed in the custody of the court for purposes of enforcing compliance with a judgment or order. Historically, it developed in close relation to contempt jurisdiction, since the remedy was often used where a person had disobeyed an order of court and the court required a means of compelling obedience indirectly through property. Its effect is to suspend the debtor’s free use of the relevant property while preserving its economic value for eventual sat - isfaction of the judgment or order. It is instructive that sequestration may be at the begin - ning, during or at the end of a lawsuit. Pre-judgment sequestration (at the beginning and during a lawsuit) ensures that the property of the defendant remains
available to satisfy a potential future judgment. It could also be used as security for costs in a lawsuit. Post-judgment sequestration (at the end of a lawsuit) is important because it sits at the intersection of coer - cion and preservation. It is coercive because it pres - sures the debtor to obey; it is preservative because it prevents dissipation of assets that could satisfy the judgment. Unlike outright sale, sequestration does not necessarily dispose of the title immediately. Rather, it places the property under judicial management so that income or proceeds may be applied as the court directs. This makes it particularly suitable where the debtor’s asset is income-producing, such as rented land, commercial premises, or other valuable property. Statutory framework The principal statutory framework for sequestration in Nigeria consists of: • Sheriffs and Civil Process Act (SCPA), Laws of the Federation of Nigeria, 2004; • Judgments (Enforcement) Rules (JER); and • High Court rules of some states in Nigeria and the Federal High Court (Civil Procedure) Rules 2019. These statutes and rules define the offices of sheriff and deputy sheriff, prescribe the forms of execution, regulate service and attachment procedures, and pro - vide for writs such as fieri facias, delivery, possession, interim attachment, garnishee, judgment summons, arrest and imprisonment, and sequestration. The JER is particularly important because it speci - fies the procedural mechanics of execution. It regu - lates when process may issue, how property is to be attached, the role of the bailiff and deputy sheriff, and the treatment of proceeds realised under execution. The Rules also make clear that a writ of sequestration may be issued by the High Court, and that it is not ordinarily issued from a magistrate’s court. Section 82 of the SCPA is the central statutory provi - sion on sequestration. It provides in substance that where a person against whom an order or warrant of arrest, commitment, or imprisonment has been issued cannot be found, or has been detained in custody without obeying the judgment, the court may order
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