The Role of Courts in Enforcement of Judgements (Part 1)
Introduction
In Nigeria, the courts under the Constitution of Federal Republic of Nigeria, 1999 (Section 6, Constitution of Federal Republic of Nigeria, (as amended) 1999), have the power to hear and enter judgement in favour of a party to the matter, who has succeeded in proving his case. For any judgement delivered by a court of competent jurisdiction to become useful, it must be enforced, otherwise, the judgement cannot be used by the party to discharge the reliefs sought in the judgement by the court. There is no doubt, that the age long law, is that a judgement of a court of competent jurisdiction subsists until upset or set aside on appeal. See NCC v MOTOPHONE LTD & ANOR (2019) LPELR – 47401 (SC). This article shall focus on the role of the Courts in Nigeria, in the enforcement or execution of judgements delivered by the courts in Nigeria.
Therefore, in reviewing the role of the courts in the enforcement of judgements in Nigeria, we shall also review what courts and enforcement really mean, the types of judgements that are enforceable under Nigerian jurisprudence, the challenges encountered by courts in the enforcement of judgements, if any, and when a judgement is said to be fully and legally enforced or executed by a party to the judgement, through the courts.
What is a Court?
A Court, simply put, is a forum, place or building where persons or corporate bodies, litigants who have a dispute come to state facts and adduce evidence to prove their individual cases or allegations at trials. A court is constituted and established often by government as an adjudicating body or institution, with authority to decide legal disputes between and amongst disputants and running and managing the processes of justice in criminal and civil courts and adhering to the rule of law, equity and natural justice. The presiding person or groups of persons of these courts are usually called Magistrates, Judges, Justices and/or Chairmen of Tribunals, which also serve as special courts.
There are various types of courts established under the 1999 Constitution of the Federal Republic of Nigeria [as Amended], [CFRN], from the Supreme Court of Nigeria (being the highest court of record) to customary courts.
Functions of Courts
The courts function as temples of justice, equity and natural law. The courts in Nigeria have many functions, including but not limited to the following:
1. Interpreting the law: The Courts interpret the Constitution and other laws, statutes and case law.
2. Protecting rights: The courts define citizens’ rights and protect vulnerable groups.
3. Resolving disputes: The courts settle disputes between parties, through the application of rules and procedures.
4. Adjudicating: The courts determine guilt and administer punishment to those who have breached the law.
5. Guarding the Constitution: The courts are the guardians of the Constitution other laws, statutes and case law and upholds the rule of law.
6. Ensuring access to justice: The courts ensure that judicial services are accessible to everyone.
7. Upholding the rule of law: The courts protect and preserve the rule of law, and ensure that laws are in accordance with the Constitution and other higher laws.
8. Respecting human rights: The courts respect human rights and follow principles of fairness, equality, impartiality, legality and natural justice.
9. Delivering effective remedies: The courts deliver effective remedies and exercise their remit with the highest level of integrity.
10. Functions imposed by Statute Law: The courts exercise the role imposed by statutes, laws and the inherent powers of the courts.
What is Judgement?
The word “judgement” can be termed as a pronouncement or a decision reached by a court, over a matter that is pending before it. A person who judgement is entered in his favour, is called the judgment creditor. The person whom a judgement is entered against is called the judgment debtor. It will suffice to say that, judgement must be entered in favour of one party and not both the Claimant and Defendant. The Supreme Court defined the word ‘judgement’ in SARAKI & ANOR v KOTOYE (1992) LPELR – 3016 (SC) as:
“A binding, authentic, official judicial determination of the Court in respect of the claims and in an action before it.”
Furthermore, UMANAH v ATTAH & ORS (2006) LPELR-3356(SC), Per NIKI TOBI, JSC, in defining what a judgement of court is, held that:
“The law is elementary that a minority judgement, as the name implies, is not the judgement of the court. The judgement of the court, is the majority judgement.”
There are generally two types of judgements, to wit: Declaratory judgements and Executory judgements.
Declaratory Judgements
A declaratory judgement is a court ruling, that defines or clarifies the rights of the parties involved in a legal dispute. It’s a binding decision that can be used to resolve disputes, but it doesn’t require the court to order any action to be taken; it merely proclaims, or declares the existence of a legal relationship, and does not contain any order which may be enforced against the judgement debtor. Furthermore, it is correct to state that a declaratory judgement is a binding judgement from a court, defining the legal relationship between parties and their rights in a matter before the court.
It is a settled law that, whilst an executory judgement is capable of immediate execution, a declaratory judgement gives no such right. It merely declares the rights of the parties. The rights which it confers on the Plaintiff can only become enforceable if another and subsequent judgement, albeit relying on the rights it declared, so decrees. Such a subsequent judgement conferring the power of execution, is the executor (See David Ogunlade v Ezekiel Adeleye (1992) LPELR – 23040 (SC)). In such an instance, the date of enforceability will be the date of the subsequent (executory) judgement and not the earlier judgement, which is merely declaratory.
Executory Judgements
An executory judgement declares the respective rights of the parties, and then proceeds to order the judgement debtor to act in a particular way, hence, it is enforceable. An executory judgement is a court order that is enforceable immediately after it is pronounced. It is also known as an enforceable judgement.
According to D.I. Efevwerhan¸ “every successful litigant desires to enjoy the fruit of his success, which is judgement.” Execution includes the process of carrying into effect the directions in a decree or judgement.
At this point, it may seem confusing for persons who are not well versed in law. However, this shall now digress to how a successful litigant can enforce a judgement against an unwilling judgement debtor.
Enforcement of Judgements
Enforcement or execution of judgments can be defined as is defined as: “the process whereby a judgement or order of court is enforced, or given effect to according to law.” (See TUKUR v GOVERNMENT OF GONGOLA STATE (1989) 4 NWLR (PT. 592) at 608).The execution of a judgement thus, encompasses the enforcement of the various writs provided under the laws for giving effect to a judgement and the most comprehensive laws governing enforcement of judgements are the Sheriffs and Civil Process Act, Cap S6, LFN 2004 and the Judgement (Enforcement) Rules.
It is one thing to argue your case before a court successfully and get judgement; it is another thing for the judgement creditor to objectify the fruits of his/her judgement. Often times, aside the psychological gratification of the declaration of’ judgement in the winning party’s favour, the winning party ends up with a barren trophy, and the tangible realisation of the fruits of the victory becomes a mirage. It is often times resulted from either ignorance, or from the tiredness of protracted trial.
Before we progress into enforcement of judgements, it is good we know the law applicable in the enforcement of judgements of Nigeria. Some of these laws are:
a. Judgement Enforcement Rules
b. The Sheriffs and Civil Processes Act
c. The 1999 Constitution
d. Foreign Judgements [Enforcement Reciprocal] Act 2004
e. Administration Criminal Justice Act 2015.
f. The Civil Procedure Rules (Federal or States) of the several courts.
There are different modes of enforcing executory judgements, as enforcement is according to subject-matter. Under enforcement of judgements, the modalities for enforcing monetary judgements are different from the modes of enforcing possessory judgements.
A) Monetary Judgements
Under monetary judgements, the judgement debtor is expected to pay the judgement creditor the awarded sum. This sum may be damages awarded or a debt the judgement debtor owed the judgement creditor, which may sometimes constitute the subject- matter of the suit.
Modalities for Enforcement of Monetary Judgements:
a. Writ of Fieri Facias
This is process is adopted by a judgement creditor in a court to levy execution against the property of the judgement debtor; whether movable or immovable. It should be noted that, the property must be within the within the jurisdiction of the court where the judgement was delivered. Under the Enforcement of Judgement, it can only be issued at the expiration of three (3) days from the date of delivery of judgement (see Order IV Rule 1(2) of the Judgement Enforcement Rules).
The initial step, is on the movable property of the judgement debtor. However, it must be limited to the property that may be seized and exempts wearing apparel, bedding and tools and implements of the judgement debtor’s trade to the value of N10, which is unarguably inconsequential, because of the devaluation of the Naira (see Section 25 of the Sheriffs and Civil Processes Act).
Another point to note is that, seized property cannot be sold until the expiration of five (5) clear days from the date of seizure, unless the goods are of a perishable nature, or the judgement debtor requests that they be sold in writing. Where the seized and sold property of the judgement debtor cannot settle the debt, his immovable property may be attached, but, with the leave of the High Court first. However, before the said leave can be obtained from a court by the judgement creditor, he must first show sufficient proof that the funds generated by the movable property did not settle the debt, and that the property he is seeking to attach actually belongs to the judgement debtor. (To be continued).
THOUGHT FOR THE WEEK
The Supreme Court is the last line of defence for the separation of powers, and for the rights and liberties guaranteed by the Constitution. (Brett Kavanaugh)
