NIGERIA Trends and Developments Contributed by: Ibukun Enigbokan, Yussuf Akinola Oyebanjo, Temilade Oluwaseun Adepate and Hafeezah Salau, Streamsowers & Köhn
Conclusion/recommendations It is correct that globalisation has created an interface where territories are no longer confined to designated borders but are interdependent. However, it is nec - essary for Nigeria to firmly implement the reciprocity requirement under the Act together with the applica - tion of other principles such as fairness and comity for the recognition and enforcement of foreign judg - ments – eg, as applicable in Canada, the UK, Ghana and Singapore, which operate a dual application of reciprocity and comity as examined above. The reciprocity requirement under Nigerian legisla - tion is underutilised in the absence of the Minister’s order as provided in the Act. It therefore behoves the Minister to make appropriate orders under the Act for reciprocity to become an effective factor as intended by the legislature. Also, the six-year period for registration of a foreign judgment under the Act is yet to come into effect without an order from the Minister for reciprocating countries. Countries operate between a six to ten-year limitation period for registering and enforcing a foreign judgment based on reciprocity (eg, Canada, Ghana). Thus, the current limitation period of 12 months oper - ational under the Ordinance and Section 10 of the Act is out of tune with modern realities and international best practices.
vention 2005, which applies to judgments of courts in EU countries and Mexico, Singapore, Denmark, Mon - tenegro, and Ukraine on a reciprocal basis. UK courts also adopt the common law principles of comity and international co-operation to recognise and enforce foreign judgments. Ghana In Ghana, foreign judgments are registrable and enforceable by the Courts Act 1993 (Act 459) strictly on reciprocity treatment. The Foreign Judgments and Maintenance Orders (Reciprocal Enforcement) Instru - ment, 1993 (LI 1575), which was made further to Sec - tion 1 of Act 459, lists the foreign countries whose judgments are registrable based on substantial reci - procity as the UK, France, Spain, Italy, Japan, Bra - zil, Lebanon, Israel, and Senegal. Upon registration, foreign judgments are enforceable by the Ghanaian courts. Judgments of countries not accorded reciproc - ity treatment by the Ghanaian statutes are, at best, enforceable under common law by either suing on the original cause of action or the foreign judgment. Under the common law regime, Ghanaian courts consider factors such as the jurisdictional competence of the foreign court.
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