EXAMINATION OF THE RULES FOR THE ENFORCEMENT OF FOREIGN JUDGMENTS IN NIGERIA

Abstract

The dynamism of human interaction occasionally brings about disputes or disagreements, which eventually result into settlement. The traditional society had means of settling this kind of disputes. However, in the modern societies, through the instrumentality of the law and other components of law enforcement, disputes are settled between parties. One of these components is the court. By the instrumentality of law, an aggrieved party goes to court to seek redress. It is trite that no State is an island. Therefore, in a bid to protect the business interests of citizens, the need to create a fair play environment for enforcement of judgment interstate arose. Nigeria is not party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. Foreign judgments are enforced in Nigeria by virtue of Common Law principles and municipal legislations, like the Foreign Judgments (Reciprocal Enforcement) Act, Cap F35 LFN, 2010(the Act) and Reciprocal Enforcement of Judgments Ordinance, 1922, Cap 175, LFN and Lagos, 1958. This work therefore, examined the rules for the enforcement of foreign judgments in Nigeria. In the light of multiplicity of the laws in this area, it was identified that the primary challenge to the enforcement of foreign judgments in Nigeria is the conflict as to which law is most appropriately applicable in this area, amidst other numerous challenges like certain provisions of the Act that tend to breed injustice to the judgment creditor. The research used the doctrinal research approach and relied heavily on statutes and Common Law principles. Opinions of eminent authors expressed in text books and journals as well as reliable internet sources were also resorted to as secondary sources of this research work. Research finding revealed that, judicial authorities seem to be settled that the two local legislations above are applicable subject however to the powers of the Minister of Justice. It is also our finding that section 12 Foreign Judgments (Reciprocal Enforcement) Act, Cap F35 LFN, 2010 manifests a clear intention of Nigeria to render unenforceable, any judgment pronounced by a court of a foreign country which does not give due recognition to judgments delivered by Nigerian courts in Nigeria. However, in the light of recent development relating to reciprocity on the practice of the recognition and enforcement of foreign judgments for a better business environment and opportunities between citizens of States, this work recommended among other things that the law and rules regulating the enforcement of foreign judgments in Nigeria should be amended to reflect modern realities. Consequently, the work will be beneficial to the practicing lawyers and academics alike.