NIGERIA Trends and Developments Contributed by: Yussuf Akinola Oyebanjo, Temilade Oluwaseun Adepate, David Ekanem and Charles Anorondu, Streamsowers & Köhn
a writ of sequestration to be issued against that per - son’s property. This makes sequestration a remedy of last resort in that context, but also a useful alternative where personal coercion has failed or is unavailable. While the statutes provide for the substantive frame - work for sequestration, the procedural guidelines are contained in the various rules issued by the heads of court to guide the practice and procedure of court in respect of proceedings brought before the courts, including sequestration. For instance, Order 5 of the Federal High Court (Civil Procedure) Rules, 2019 pro - vides a procedural guideline for applying and obtain - ing orders of sequestration at the Federal High Court. Similar provisions are contained in some Rules of Court in various states. The broader statutory scheme shows that sequestra - tion is not isolated from other modes of enforcement. Rather, it is one of several tools the court may deploy according to the nature of the judgment and the cir - cumstances of disobedience. Procedure and operation The procedure and operation of sequestration under Order XI Rules 8 and 9 of the JER reveal a carefully structured, court-controlled process designed to both compel obedience to court orders and preserve the assets of a recalcitrant judgment debtor. These pro - visions outline not only the steps required to initiate sequestration but also the mechanics of its execution and the legal consequences that follow. The procedure commences with an application to a Judge, as mandated by Order XI Rule 8 and the vari - ous rules of court. In other words, the judgment credi - tor must approach the court by a formal application, typically supported by affidavit evidence, demonstrat - ing the existence of a valid judgment or order, service of that order on the judgment debtor, and persistent non-compliance or contempt. By Order 36 of the Federal High Court Rules, the application for leave to issue a writ of sequestration is required to be made to the judge on notice to the other party. Upon being satisfied that the circumstances war - rant such relief, the court grants the application and orders the issuance of a writ of sequestration in the
prescribed Form 69. The issuance of the writ marks the transition from adjudication to execution. How - ever, unlike other writs of execution that are directed to sheriffs or bailiffs, a writ of sequestration is directed to two or more commissioners appointed by the court, as provided under Order XI Rule 9. The operational phase of sequestration begins with the commissioners being commanded and empowered to enter upon all immovable property of the judgment debtor. This power of entry is extensive and authorises the commissioners to take possession and control of land and buildings belonging to the debtor. In addi - tion to taking possession, they are also empowered to collect rents, profits, and all income accruing from such immovable property. This aspect of the process demonstrates that sequestration is not merely pre - servative but also revenue-generating, ensuring that the economic value of the property is harnessed dur - ing the period of enforcement. Beyond immovable property, the commissioners are further authorised to seize and take control of all mov - able properties and goods belonging to the judgment debtor. This includes chattels, personal effects, and other tangible assets. A defining feature of the operation of sequestration is that the commissioners are required to detain and keep the seized assets under sequestration, rather than immediately disposing of them. The property is held in custody “until the debtor clears his contempt or the court makes an order to the contrary”. This entails the fundamentally coercive and in personam nature of sequestration. The objective is not simply to satisfy the judgment debt through liquidation but to exert pressure on the debtor to comply with the court’s orders. In this sense, sequestration operates as a tool of judicial compulsion, particularly in cases involving disobedience or contempt. Duty of court officer during sequestration During the subsistence of sequestration, the commis - sioners appointed by the court act as officers of the court and are responsible for the proper management and preservation of the seized assets. Their func - tions are fiduciary in nature, requiring them to act in good faith and in accordance with the directives of
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