NIGERIA Trends and Developments Contributed by: Ibukun Enigbokan, Yussuf Akinola Oyebanjo, Temilade Oluwaseun Adepate and Hafeezah Salau, Streamsowers & Köhn
Streamsowers & Köhn 16D Akin Olugbade Street Off Adeola Odeku Victoria Island Lagos Nigeria
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Recognition, Registration and Enforcement of Foreign Judgments: Is the Reciprocity Requirement a Mirage Under Nigerian Jurisprudence? Cross-border commercial transactions have surged, making cross-border disputes inevitable and more recurrent. The rise in cross-border disputes has, in turn, generated enforceable judgments against parties outside the jurisdiction of a court. Consequently, the benefits of the recognition, registration, and enforce - ment of foreign judgments cannot be over-empha - sised, and they are subjects of numerous pieces of literature. One such benefit, which is also an integral part of Nigerian jurisprudence, is that parties having gone through the hurdles of litigation in one jurisdic - tion should not re-litigate the same dispute in a court in another jurisdiction in the interest of justice, time, and costs. However, a vital component of “reciprocity” in the recognition, registration, and enforcement of foreign judgments has historically formed the core of co- operation among states on the subject. Reciprocity mandates mutual recognition and enforcement of for - eign judgments among countries. As a result, coun - tries would recognise and enforce a foreign judgment in their country if their judgment is recognised and enforced in the other country. Nigeria is no exception to the application of reciprocity. This discourse focuses on examining the application of the reciprocity requirement as enshrined in Nige - ria’s legislation and jurisprudence and considering if it
remains relevant for the recognition, registration, and enforcement of foreign judgments by the Nigerian courts and in line with commercial realities. Reciprocity as applicable under Nigeria’s legal framework on registration and enforcement of foreign judgment The Reciprocal Enforcement of Foreign Judgments Ordinance, Cap 175, Laws of the Federation of Nige - ria and Lagos 1958 (the “Ordinance”) and the For - eign Judgments (Reciprocal Enforcement) Act 1990, Cap 152, Laws of the Federation of Nigeria 2004 (the “Act”), are the two statutes regulating the registration and enforcement of foreign judgments in Nigeria. In Nigeria, foreign judgments can only be enforced if registered by a superior Nigerian court (Section 8 of the Act). Further, a foreign judgment is registrable by Nigerian courts if it is a judgment to which Part I of the Act (Sections 1 to 10) applies. Suppose it is a foreign judgment not registered under Part I of the Act; in this case, the foreign judgment is enforceable only under common law by way of a new action, with the foreign judgment as the cause of action, subject to the provi - sions of Section 12 of the Act. Under common law or legislation, reciprocity is vital to exercising Nigerian courts’ jurisdiction to recognise, register, or enforce a foreign judgment such that for - eign judgments are enforceable only from countries that afford reciprocal treatment to Nigerian judgments, or so it seems.
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