NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
7.6 Extent to Which Hearings Are Open to the Public As stated previously, the court or tribunal pro- ceedings are open to the public with a few exceptions. The transcripts of hearings are regarded as public documents, and as such, people can request to inspect them and obtain certified true copies. 7.7 Level of Intervention by a Judge In Nigeria, the judge’s role is to uphold the prin- ciples of a fair hearing. The delicate role played by a judge in the Nigerian adversarial system of justice demands that the judge must be, and must be seen to be, impartial at all times. A judge must not descend into the arena of the dispute to the extent that it appears as though they are digging for evidence or they are giving or leading evidence in court. Judgments are typically not delivered on the date of the hearing and are usually reserved for or adjourned to a later date. Under the Constitu- tion of the Federal Republic of Nigeria, 1999 (as amended) (the “Constitution”), superior courts must deliver written judgments with reasons within 90 days of the conclusion of the hearing. A judgment delivered outside the 90-day period may not be valid. 7.8 General Timeframes for Proceedings In Nigeria, there is no general timeframe for cas- es as this is dependent on the rules of courts which differ from state to state, the congestion of the courts’ dockets, the complexity of the cases, the number of interlocutory applications pending and the diligence of the lawyers. A com- mercial suit may take up to three years from filing to judgment. For matters commenced under the fast-track procedure (available in some states and for
specific cases), the typical timeline from com- mencement to resolution is usually between nine to twelve months.
8. Settlement 8.1 Court Approval
Court approval is not required to settle a lawsuit. However, parties may apply to the court for the terms of settlement to be entered as a consent judgment of the court. This will prevent the par- ties from re-litigating the facts settled in the con- sent judgment. Additionally, the parties cannot appeal a consent judgment without leave of the
court, and that is hardly ever given. 8.2 Settlement of Lawsuits and Confidentiality
Settlement of a suit can remain confidential where the settlement agreement is not entered as a consent judgment. However, where the court enters the terms of the settlement as a consent judgment, it becomes a public docu- ment. To maintain confidentiality, parties can choose not to file the settlement terms in court. Instead, the claimant may apply to withdraw/ discontinue the lawsuit, and the court would strike out or dismiss the suit. In that case, the settlement agreement cannot be enforced as a judgment of the court, but it can be enforced as a binding contract. 8.3 Enforcement of Settlement Agreements When a settlement agreement/term of settlement becomes a consent judgment, it is enforceable like any other court judgment. The judgment creditor may apply for the enforcement of the judgment by garnishee proceedings, writ of fieri facias, judgment summons or writ of seques-
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