Guide to Cross-Border Enforcement: Foreign-Related Lawyers Explain the Rules for Enforcing Foreign Judgments in Nigeria

In the resolution of cross-border commercial disputes, the recognition and enforcement of foreign judgments is a key step. As an important economy in Africa, Nigeria’s rules on enforcing foreign judgments have distinctive local legal characteristics. It should be made clear that Nigeria is not a contracting state to any treaty or convention on the recognition and enforcement of foreign judgments, and the relevant enforcement procedures are governed entirely by its domestic statutory law. Based on Nigeria’s current legal framework, this article provides a practical interpretation from the perspectives of legal basis, enforcement principles, non-enforceable situations, procedural requirements, costs and timelines, and available objection mechanisms.

I. Core Legal Basis for the Enforcement of Foreign Judgments

Nigeria’s enforcement of foreign judgments mainly relies on the following five legal instruments, which together form a complete legal framework:

1. The Reciprocal Enforcement of Judgments Ordinance, 1922 (Cap 175, Laws of the Federation of Nigeria and Lagos, 1958);

2. The Foreign Judgments (Reciprocal Enforcement) Act, 1990 (Cap F35, Laws of the Federation of Nigeria, 2004, hereinafter the “2004 Act”);

3. The Sheriffs and Civil Process Act 1945 (Cap S6, Laws of the Federation of Nigeria, 2004);

4. The Judgment Enforcement Rules made under Section 94 of the Sheriffs and Civil Process Act;

5. The civil procedure rules of the various High Courts that receive applications for registration and enforcement.

Among these, the 2004 Act is the core legal instrument. It expressly requires that a foreign judgment must first be registered in Nigeria before enforcement proceedings may begin. The judgment must also satisfy two core conditions: first, it must be final and conclusive, meaning that it may still be regarded as final even if appeal procedures before the original court have not been exhausted; second, it must have been issued by a foreign court with jurisdiction. A foreign judgment that fails to meet these requirements cannot be registered or enforced in Nigeria.

In addition, the 2004 Act empowers the Nigerian Minister of Justice to issue orders extending the application of the Act to foreign countries that accord “substantial reciprocal treatment” to Nigeria. The term “High Court” under the Act includes the High Courts of the states, the High Court of the Federal Capital Territory, Abuja, and the Federal High Court. It should be noted that the Minister of Justice has not yet issued such extension orders for countries outside the Commonwealth. At present, the practical application of the 2004 Act and the 1922 Ordinance remains mainly focused on Commonwealth-related countries.

It is also worth noting that in Macaulay v RZB, Austria (2003) 18 NWLR (Pt. 852) 282, the Supreme Court of Nigeria made it clear that the 1922 Ordinance remains in force with respect to the United Kingdom and to dominions to which its application had previously been extended by proclamation, until the Minister of Justice issues a new extension order under Section 3 of the 2004 Act. At the same time, foreign judgments may be submitted for registration before such an extension order is issued, but the application must be made within 12 months of the date of the judgment, subject to the discretion of the Nigerian High Court to extend that period.

II. Principle of Uniformity in Methods of Enforcement

Nigeria does not distinguish its enforcement procedure for foreign judgments according to the type of judgment involved. Under the unified provisions of the 2004 Act and the 1922 Ordinance, all foreign judgments must first be registered in a Nigerian court with jurisdiction before enforcement can be initiated.

The determination of the court of registration must follow the principle of jurisdictional matching, meaning that the application must be submitted to the court that has jurisdiction over the subject matter of the judgment. This may include a State High Court, the Federal High Court, or the High Court of the Federal Capital Territory, Abuja, depending on the nature of the dispute and the applicable jurisdictional rules.

III. Categories of Foreign Judgments That Cannot Be Enforced

The 1922 Ordinance and the 2004 Act clearly define the circumstances in which a foreign judgment cannot be registered and enforced in Nigeria. The two must be read together:

(I) Circumstances Under the 1922 Ordinance in Which Enforcement Is Not Available

1. The original court lacked jurisdiction;

2. The judgment debtor was not subject to the jurisdiction of the original court, meaning that the debtor neither resided nor carried on business within that jurisdiction and did not voluntarily submit to it;

3. Although the judgment debtor resided or carried on business within the jurisdiction of the original court, the debtor was not served with the process and did not participate in the proceedings;

4. The judgment was obtained by fraud;

5. There is a pending appeal, or the judgment debtor proves to the registering court that they intend to appeal;

6. The cause of action underlying the judgment could not be entertained by the Nigerian registering court on grounds of public policy.

(II) Circumstances Under the 2004 Act in Which Enforcement Is Not Available

1. The judgment is an interim order or an interlocutory decision;

2. The judgment was issued by a lower foreign court;

3. The judgment does not involve payment of money, or although it does involve payment of money, the sum is in the nature of taxes or similar charges;

4. At the time registration for enforcement is sought, the judgment has already been fully satisfied, or it can no longer be enforced in the country of origin.

IV. Procedure for Enforcing a Foreign Judgment

In Nigeria, the enforcement of a foreign judgment is divided into two stages: the registration application stage and the compulsory enforcement stage. The process is as follows:

(I) First Stage: Application for Registration

The judgment creditor must submit an application for registration to a Nigerian High Court with jurisdiction. The application may be made in one of two ways:

1. By motion ex parte: no prior notice to the judgment debtor is required, although the court may, in its discretion, order that notice be served on the judgment debtor;

2. By motion on notice: the application documents must be served on the judgment debtor so as to protect the debtor’s right to respond.

After reviewing the matter and confirming that the judgment satisfies the conditions for registration, such as finality, jurisdiction, and compliance with the applicable prohibitory rules, the court will issue an order of registration.

(II) Second Stage: Compulsory Enforcement Measures

Once registration has been completed, the court will enforce the judgment in accordance with the standards applicable to domestic judgments under the Sheriffs and Civil Process Act. The two principal enforcement measures are as follows:

1. Garnishee Proceedings

Where the judgment debtor’s property, mainly money, is held by a third party known as the garnishee, the judgment creditor may apply to the court for a garnishee order nisi. The order and a court summons are served on the garnishee, requiring the garnishee to show cause why the funds should not be attached and paid over to the judgment creditor. If no valid objection is raised, the court will make a garnishee order absolute directing the garnishee to pay the relevant property to the judgment creditor in satisfaction of the judgment debt.

1. Writ of Fi. Fa.

Where the assets recovered through garnishee proceedings are insufficient to satisfy the entire judgment debt, a writ of fieri facias may be sought to seize the movable property, immovable property, and other assets of the judgment debtor in order to satisfy the monetary claim under the judgment. The application is made by filing a praecipe form at the court registry, after which the court issues the writ.

It should be noted that a writ of fieri facias remains valid for one year from the date of issue. Attached movable property may only be sold five days after seizure, except in the case of perishable goods or where the judgment debtor applies in writing and the court authorizes an earlier sale.

V. Costs and Time Frame of Enforcement

(I) Components of Enforcement Costs

1. Lawyers’ professional fees: the fees charged by Nigerian lawyers engaged by the judgment creditor to handle registration and enforcement matters;

2. Judgment-related costs: costs linked to the monetary amount awarded under the judgment;

3. Statutory court fees: filing fees, registration fees, and other court charges payable during the registration and enforcement process;

4. Costs of garnishee proceedings: under the Sheriffs and Civil Process Act, the costs arising from garnishee proceedings are payable together with the debt by the garnishee within the time fixed by the court.

(II) Time Frame

1. Ordinary enforcement period: usually between 6 months and 1 year;

2. Limitation period for enforcement rights: under the 2004 Act, an application to enforce a foreign judgment must be made within 6 years from the date of the judgment;

3. Special circumstances: where the enforcement process is met with objections or defenses, the overall enforcement period will be correspondingly extended.

VI. Means of Objecting to Enforcement

If the judgment debtor objects to the registration or enforcement of a foreign judgment, the debtor may raise a defense before the registering court under the 1922 Ordinance or the 2004 Act. The grounds of objection correspond one by one to the categories of non-enforceable judgments described above.

(I) Grounds of Objection Under the 1922 Ordinance

1. The original court lacked jurisdiction;

2. The judgment debtor neither carried on business nor resided within the jurisdiction of the original court and did not voluntarily participate in the proceedings or submit to the court’s jurisdiction;

3. The judgment debtor was not served and did not participate in the proceedings, even though the debtor resided or carried on business within the original court’s jurisdiction;

4. The judgment was obtained by fraud;

5. There is a pending appeal, or the judgment debtor has a right of appeal and intends to exercise it;

6. The cause of action underlying the judgment would violate Nigerian public policy or should otherwise not be entertained by the registering court.

(II) Grounds of Objection Under the 2004 Act

1. The judgment sought to be enforced is an interim order or an interlocutory decision;

2. The judgment was issued by a lower foreign court;

3. The judgment does not involve payment of money, or the payment is in the nature of taxes or similar charges;

4. At the time enforcement is sought, the judgment has already been satisfied or can no longer be enforced in the country of origin.

Disclaimer

Laws and procedures may change. This article provides general information only and does not constitute legal advice. If you are involved in a legal dispute overseas, please contact us immediately to consult a professional foreign-related lawyer.