The Role of Courts in Enforcement of Judgements (Part 2)

Introduction 

We also looked at the meaning of judgement, the different kinds of judgements, and the modalities for enforcing monetary judgements. Today we shall continue and conclude with the role of the court in enforcing judgements. Enjoy. 

Modalities for Enforcement of Monetary Judgements (Continues)

Afterwards, the sales of the property can only occur at the expiration of 15 days from date of attachment, unless the judgement debtor requests otherwise in writing. The above application for a writ of fi fa is initiated by way of a motion on notice.

Garnishee Proceedings

A garnishee proceeding is when the judgement debtor has money due to him in possession of another person, such as Bank or other financial institutions. Under this procedure, the court will order that third party or the financial institution, the garnishee, based on an application filed by the judgement creditor, the garnishor, to pay the judgement debtor’s money in their possession to the to the court. The court, upon receipt of the money from the third party, shall subsequently pay it to the judgement creditor as settlement of the judgement debt (See Sections 83 – 92 of the Sheriff and Civil Process Act (SCPA)).

The judgement creditor initiates this process through a motion ex parte, for an order nisi, which is a conditional order, compelling the garnishee to appear before the court and show reasonable cause why he should not be made to pay the debt to the creditor. If the garnishee fails to show cause, an order nisi may be made absolute, and the sum awarded in the judgement will be enforceable against him, as if he were the judgement debtor and the appropriate writ of execution may be issued against him.

Judgement Summons

Under the Judgement summons, the judgement creditor initiates the process to court for the issuance of a judgement debtor summons, and invites the debtor to court to answer, on oath, questions as to his means. (Section 55 of the SCPA).

Pursuant to Section 63, of the SCPA, the outcome of the invitation are:

– The judgement debtor may be committed to prison for failure to settle debt, when it is on record that he refused to pay the money deliberately.

– The court may give an order attaching his property for sale.

– The court may give an order for payment in instalments.

– The court may give an order for the discharge of judgement debtor from prison.

Sequestration

An application for sequestration, can be initiated at a High Court (See Section 82 of the SCPA). It is similar to a writ of Fi Fa, but, in sequestration, the intention is not to sell the property or transfer title, but to appoint “Commissioners” to enter the judgement debtor’s immovable property for the purpose of collecting and keeping the rent or profits accruing on the property, or to seize the property and detain until the judgement debtor purges himself of contempt. Until the court makes an order that is contrary to this, which may often times be for the debt be settled out of the funds obtained (Order 11 Rule 9 of the Judgement Enforcement Rules). 

Judgement for Possession

Judgement for possession is when the judgement obtained is for possession of the property which was in dispute before the court.  Under this possessory judgement, there are various modes of enforcement, just the way it is in the monetary judgement. The modes of enforcement are as follow:

Writ of Possession: Writ of possession applies to cases of recovery of premises. Recovery of possession in this regard is more than the possession between landlords and tenants. Writ of possession cannot be issued by the court, until the expiration of the day the judgement debtor is ordered to give possession of the land. But, where there exists no such day, the court may order possession at the expiration of 14 days from the day judgement is entered (Order IV Rule 1(1) of the Judgement Enforcement Rules).

Warrant of Possession: The process of warrant of possession applies to recovery of premises, between landlords and tenants. This process is adopted by the landlord in recovery the premises from the tenant, in line with the order of court. 

Committal Order: Under the Committal Order, the judgement debtor may at times be committed to prison until he obeys the judgement and/or delivers possession of the property (Section 72 of the SCPA).

Judgement for the Delivery of Goods

This is where the judgement obtained is for the delivery of goods, from the judgment debtor to the judgement creditor. The modes of enforcement are the same with the mode of enforcement, in the judgement of possession. 

The Role of the Courts in the Enforcement of Judgement

The role of courts in the enforcement of judgements is critical to ensuring that legal judgements are upheld, and that parties comply with court judgements, orders, rulings and decisions. The courts in Nigeria, have several roles in enforcing judgements. However, before such enforcements take place, the court shall have made an order, ruling or entered a judgement as the case may be. A judgement is a final decision of the court that settles the dispute between or amongst the disputing litigants by determining the obligations and rights of either of the parties. Court judgements can be classified into in personam, in rem or qusiin rem. Judgements of courts are legally enforceable.

These are some roles a court may adopt in enforcing judgements; here are key aspects of these roles, which include but not limited to the following: 

Judgement Enforcement Mechanisms: Courts provide various mechanisms for enforcing judgements, including writs of execution, garnishment, and attachments. These tools allow the winning party to collect what is owed to them.

Hearing Enforcement Actions: Courts hear motions and applications, related to the enforcement of judgements. If a debtor fails to comply with a judgement, the creditor can petition the court for assistance, and the court will evaluate the evidence and circumstances.

Contempt of Court: If a party fails to comply with a court order, the court may hold them in contempt. This can lead to penalties, including fines or imprisonment, to compel compliance.

Judicial Oversight: Courts oversee the enforcement process, to ensure it complies with the law. They ensure that enforcement actions are lawful, and do not violate rights or due process.

Mediation and Alternative Dispute Resolution: Courts may encourage or require mediation to resolve enforcement disputes, helping parties come to an agreement without further litigation.

Appeals and Judicial Review: If a party disagrees with the enforcement actions taken by the court, they may have the right to appeal. Courts review the enforcement decisions, to ensure they align with legal standards.

Equitable Relief: In some cases, courts can provide equitable relief, such as injunctions, to prevent a party from taking actions that would undermine the judgement.

Support for Creditor Rights: Courts protect the rights of creditors, ensuring that they have a fair opportunity to collect debts owed under a judgement.

Public Policy Considerations: Courts must balance individual rights with public policy, ensuring that enforcement actions do not infringe on fundamental rights, while promoting the rule of law.

Issuing of summons, writs, warrants, and subpoenas, orders of attachment, freezing of assets, Injunctions and Garnishee proceedings. 

The role of the courts in the enforcement of a judgement, is one and the same as the role of the courts in obtaining the judgement itself. It is of no use for a judgement creditor to secure a judgement, and not enforce the said judgement against the judgment debtor. This is because, non-enforcement of the judgement may deny the judgement creditor the fruit or benefit of the judgement. The role of the court is the importance of the mechanisms of enforcement as enlightened. 

All the procedures for the enforcement and execution of judgements, whether monetary, possessory or recovery of land, all of which were succinctly explained above, are designed to assist the judgement creditor to reap the benefit of the judgement, through the powers vested in the court by the Constitution of Federal Republic of Nigeria and other various Rules of Courts (Federal and States) to hear the applications brought and argued before it.

It should be worthy of note, that the court will not just on its own perform or carryout the enforcement and/or execution processes, just because the judgement was entered in that same court or in a court of coordinate jurisdiction. Therefore, an assiduous judgement creditor and his Lawyer are expected to adopt any of the procedures explained above, that suits the type of judgement secured against the judgement debtor. In adopting the processes, the judgement creditor shall file the necessary application before the court and argue same. It is only when the court is satisfied with the submission put forward by the judgement creditor to demonstrate his entitlement in the reliefs granted, that the court will go ahead to act in the line with the laws the application was brought pursuant to. 

However, where a court is called upon to enforce its judgement or the judgement of another court, the enforcing court cannot blindly and sheepishly follow the dictates and interpretation of the judgement creditor or his Counsel and enforce the judgement based on such dictates. Rather, it is the duty of the enforcing court, to enforce the terms of the judgement as expressed by the court in its judgement. See IGBADOO & ANOR v KEYSTONE BANK LTD (2021) LPELR-52677(CA).

It is trite that an order for the enforcement of a valid judgement of a court of law, must address exactly what the judgement being enforced decided. The exact terms of the judgement cannot be varied, and must be enforced in exactly the same terms as was determined. See IGBOKOYI v LAWAL (2013) LPELR-27.

Therefore, it is very succinct to state that the role and duty of the court in enforcing judgements is as contained in the above judicial pronouncements, which is for the court to act strictly in accordance with the contents of the judgement.

Secondly, the courts are empowered under the Constitution of Federal Republic of Nigeria, 1999, and under the various High Courts (Federal or States) Rules to entertain the applications filed by the judgement creditor, as well as the judgement debtor. The court is duty bound to look at all the processes, no matter how stupid the application may look. In law, the failure by a court which is under a duty to hear and determine every application before it, no matter how frivolous, fails in its duty to render impartial and fair justice to the parties before it and such an unjust judgement reached in utter breach of the right to fair hearing of the Appellant or any party for that matter is a nullity, and nothing valid or worth anything can come out from such a null judgement. See Ani v Nna & Ors (1996) 4 NWLR (Pt.440) 101 at Pg. 120. 

Conclusion

Having regard to the above paper, it is correct to state that the role of the court, is to determine applications brought before it by the judgement creditor for enforcement of judgement. In hearing and determining the applications, the court must be an unbiased umpire and act in accordance with the law and not emotions. It should be home in mind that a Court of law is expected to hold the scale of justice evenly as an unbiased umpire whose jurisdiction is to evaluate the evidence presented from both sides of the legal divide. See OGBULI & ANOR v OGBULI & ANOR (2007) LPELR-8129(CA).

In concluding one can say that in the administration of justice a court cannot really enforce a judgement until it has officially made an order, a ruling or entered a judgement of the court and if the affected party refuses to obey then enforcement proceedings can be initiated against such a party. There are also enabling powers enshrined in the various enactments, that ensure and empower the role of courts to enforce their judgements. In performing its role of enforcing judgements the courts also the jurisdiction to stipulate a time within which judgement, order or ruling is to be complied with.

There is a limitation period for enforcing courts’ judgements in Nigeria and it varies depending on the type of judgement and whether it’s a local or foreign judgement. In the case of local judgements it is 24 months and in the case of foreign judgements it is 12 months. However, under the provisions of the 2004 Act, a foreign judgement can be enforced at any time within six years from the date it was delivered.

Courts play a vital role in the enforcement of judgements, orders, ruling and legal decisions by providing mechanisms for collection, ensuring compliance, overseeing the process, and resolving disputes that arise during enforcement. Their involvement is essential for maintaining the rule of law, protecting the rights of parties, the integrity of the legal system and ensuring that justice is served.

In summarising, conflicting judgements could as is always the case; most of the time complicates judicial proceedings, including garnishee actions, requiring careful resolution through appeals and the application of legal doctrines. The Attorney-General plays a crucial role in representing the state’s interests, by providing legal advice, intervening when necessary, and ensuring that garnishee proceedings are conducted fairly and in accordance with the law. This role is essential in maintaining the rule of law, equity, the integrity of the judicial system and protecting public interest. (Concluded)

THOUGHT FOR THE WEEK

“The power I exert on the court depends on the power of my arguments, not on my gender. (Sandra Day O’Connor)