NIGERIA Law and Practice Contributed by: Adeyinka Aderemi, Chinasa Unaegbunam, Omono Blessing Omaghomi and Ibukun Enigbokan, Streamsowers & Köhn
• an order for the commitment of the judgment debtor to prison; • an order for the attachment and sale of the judg - ment debtor’s property; • an order for the payment of money by instalments or otherwise by the judgment debtor; or • an order for the discharge of the judgment debtor from prison. 2.3 Costs and Time Taken to Enforce Domestic Judgments Compliance with a judgment is expected without the need for a demand or enforcement, as it becomes effective upon delivery unless the court specifies oth - erwise. Enforcing a judgment in Nigeria entails costs and time, which vary depending on the specific circumstances of each case. The duration of the enforcement pro - cess is influenced by several factors, such as: • the type of judgment (monetary or non-monetary); • the chosen enforcement procedure employed; • the amount of the judgment debt; • the availability and knowledge of the judgment debtor’s assets; • the court from which the judgment originates; • the specified timeframe for enforcement, if any was stated in the judgment; • any actions taken by the judgment debtor (such as applying for a stay of execution); and • the possibility of an appeal against the judgment or the order enforcing it. In terms of costs, there are no fixed fees for enforcing a judgment. Typically, the costs include filing fees and expenses related to executing the judgment. For monetary judgments, garnishee proceedings are often the most efficient option. This procedure allows the judgment creditor to recover the judgment sum by attaching the judgment debtor’s funds in the hands of a third party (the garnishee). Another effective option – particularly when the judg - ment creditor possesses knowledge or certainty regarding the assets of the judgment debtor within the court’s jurisdiction – is the use of a writ of fi. fa.,
which involves seizing and selling the judgment debt - or’s properties and chattels to satisfy the judgment debt using the proceeds from the sale. When a writ of fi. fa. is issued, it maintains a life span of one year from the day it was issued. Where the property attached is movable, it cannot be sold until five days after the day it was seized from the judgment debtor. However, such movable goods may be sold before the five days expire if they are of a perishable nature or if the judgment debtor makes a request to the court by written application. For the enforcement of judgments against companies, a petition for winding-up is often effective where the company is unable to pay its debt. Overall, the choice of the most efficient enforcement option depends on factors such as the type of judg - ment, the availability of assets, and the specific cir - cumstances of the case. There are no specific post-judgment procedures for determining what assets the defendant holds and/ or where they are located. However, the judgment debtor’s assets may be discovered through searches conducted at public asset registries like the Corporate Affairs Commission, the land registries of the various states, the Federal Lands Registry and the National Collateral Registry. In certain circumstances, the High Courts can also grant orders like freezing orders, asset disclosure orders or such other orders by which a party can law - fully identify another party’s assets in Nigeria. The power of the courts to do this is derived from Section 6 of the Constitution of the Federal Republic of Nige - ria, 1999 (as amended). The courts may also grant garnishee orders attaching funds or debts due from a third party to the judg - ment debtor and the use of the amount of that debt in liquidating the judgment debt. In granting garnishee orders, the courts direct the third party to disclose the amount standing to the credit of the judgment debtor in such third party’s custody and control. 2.4 Post-Judgment Procedures for Determining Defendants’ Assets
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