NIGERIA Law and Practice Contributed by: Adeyinka Aderemi, Chinasa Unaegbunam, Omono Blessing Omaghomi and Ibukun Enigbokan, Streamsowers & Köhn
3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments Nigeria is not a signatory or party to any treaty or con - vention on the recognition and enforcement of for - eign judgments; therefore, no international treaties/ conventions are relevant in this regard. For the enforcement of a foreign judgment in Nigeria, the following laws are relevant: • the Reciprocal Enforcement of Judgments Ordi - nance, 1922, Cap 175 Laws of the Federation of Nigeria and Lagos, 1958 (the Ordinance); • the Foreign Judgments (Reciprocal Enforcement) Act, 1990, Cap F35, Law of the Federation of Nige - ria 2004 (the 2004 Act); • the Sheriff and Civil Process Act 1945, Cap S6, Law of the Federation of Nigeria 2004; • the Judgment Enforcement Rules under Section 94 of the Sheriffs and Civil Processes Act; and • the various civil procedure rules of the superior courts before which registration and enforcement are sought. The 2004 Act stipulates that a foreign judgment must first be registered in Nigeria in order to be enforced. The judgment must be final and conclusive (Section 3 (3) of the 200 Act states that a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the courts of the country of the original court). The judgment must also be obtained from a court that has the jurisdiction to adjudicate over the matter. A foreign judgment that does not conform with the requirements of the 2004 Act cannot be registered and enforced in Nigeria. The 2004 Act empowers the Nigerian Minister of Jus - tice (the “Minister”) to make an order extending its application to any foreign country with substantial reciprocity of treatment on enforcement of judgments made by a superior court in Nigeria. A superior court is defined in the Act as the High Court of a State or the Federal Capital Territory, Abuja, or the Federal High Court. The 2004 Act applies to countries with which the Minister has made such an order of extension.
• the full title and suit number; • an abstract of the judgment; • the date of the judgment;
• the full title of the court issuing the certificate; • the name and address of the party to whom pay - ment is to be made or in whose favour the judg - ment is given or made; • the name and address of the party ordered to pay money, or to do or not do any act; • remarks; and • the signature of the registering officer. From the date of registration, the certificate becomes a record of the court in which it is registered and shall have the same force and effect in all respects as a judgment of that court, such that proceedings may be taken upon the certificate as if the judgment had been a judgment of that court. The registrar of the court where the judgment is to be enforced is required to give written notification under the seal of the court, to the registrar or another proper officer of the court, where the judgment was given when: • a certificate of judgment is registered in any court; • any process is issued in any court upon such cer - tificate; or • satisfaction of the judgment either in whole or in part is entered upon any such certificate. Once notified of the satisfaction of the judgment, the registrar of the court where the judgment was given is required to register the satisfaction and notify the registrar of the court where a certificate of the judg - ment has been registered of said satisfaction. Upon such notification, that registrar must also register the satisfaction of the judgment on the certificate. Nigerian laws are silent on how and when the name of a judgment debtor can be removed from the register after the satisfaction of a judgment sum. However, as a matter of evidence, such satisfaction would be recognised by courts upon proof thereof.
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