THE ATTORNEY-GENERAL’S CONSENT IN GARNISHEE PROCEEDINGS: A REVIEW OF THE LAW

Abstract

One of the ways a judgment-creditor may execute a monetary judgment is via garnishee proceedings. However, under section 84 of the Sheriffs and Civil Process Act 2004, when money sought to be attached via garnishee proceedings is in the custody or control of a public officer, the consent of the Attorney-General must be sought and obtained before instituting garnishee proceedings. The Courts have been inconsistent in their interpretations of ‘public officer’ and ‘custody or control’ under section 84, 1 especially in garnishee proceedings involving garnishee-banks. These conflicting decisions have led to uncertainty amongst practitioners on whether it is necessary to seek and obtain the Attorney-General’s consent before instituting garnishee proceedings against garnishee-banks. This article examines the conflicting decisions of the Courts on the necessity of seeking and obtaining the Attorney-General’s consent before instituting garnishee proceedings against garnishee-banks, visà-vis the interpretations of ‘public officer’ and ‘custody or control’ under section 84. 2 The article highlights the contradictory interpretations of public officer and ‘custody or control’ under section 843 and proposes an approach propounded by Honourable Justice Abiru, J.C.A., as a means of achieving the much needed certainty in this area of the law.