Using of Section 84 of the Sheriffs and Civil Process Act, 2004 by the Nigerian Government to the ‘Denial Of Justice’ to Judgment Creditors: A Likely Invitation to Anarchy

By: Hameed Ajibola Jimoh Esq.

The issue of delay tactics undertaken by the government, the government’s agencies and the Central Bank of Nigeria to deny a judgment creditor the fruits of his judgment is well known in garnishee proceedings (even in fundamental rights cases) to such an extent that a number of judgements have remained unenforced by the judgment creditors entitled to the enforcement of such judgment. The tool used for such delay is the provisions of section 84 of the Sheriffs and Civil Process Act, 2004, which requires ‘consent’ of the Attorney-General of the Federation before the money in the custody of a public officer can be garnisheed. These provisions have been unjustly, inequitably and unfairly abused by the government and its agencies as well as the Central Bank of Nigeria to pay judgment sum/judgment debt and rather engage the Judgment Creditor in another battle in litigation even up to the Supreme Court of Nigeria for years if not even over ten (10) years! This paper is of the firm view that if an appropriate step is not taken, the attitude of the government, its agencies and the Central Bank of Nigeria, is likely to be an invitation to anarchy, chaos and jungle justice, hence, this topic, for the government to find a lasting solution to this injustice, in the interest of justice.

The Federal Government of Nigeria, and some of its agencies in collaboration with the Central Bank of Nigeria, for instance, have been unjustly relying on the provisions of Section 84(1) of the Sheriffs and Civil Process Act Cap. S16 Laws of the Federation of Nigeria, 2004, to deny a Judgment Creditor the fruits of his judgment held by the court of law in his favour. The said section 84 provides that: ‘84(1) – Where money liable to be attached in garnishee proceedings is in the custody or under the control of a public officer in his official capacity or in custodial legis, the order nisi shall not be made under the provisions of the last proceeding Section unless consent to such attachment is first obtained from the appropriate officer in the case of money in the custody or control of a public officer or of a Court in the case of money in custodial legis, as the case may be.(3) In this section, appropriate officer means – (a) in relation to money which is in the custody of a public officer who holds a public office in the service of the Federation, the Attorney-General of the Federation.’.

The Supreme Court of Nigeria in the case of C. B. N. v Interstella Communication Ltd. (2018) 7 NWLR (Pt. 1618) 294, SC. At page 344- 345, paras. H – A, has laid the principle underlying securing the AGF’s consent as prescribed in section 84 of the Sheriffs and Civil Process Act, Cap. S16 Laws of the Federation of Nigeria, 2004, to the effect that it is to avoid embarrassment on the AGF of not having the prior knowledge that funds earmarked for some purposes have been diverted in satisfaction of a judgment debt, which the government may not know anything about. Hence, I humbly recommend that a Judgment Creditor should join the AGF to a garnishee proceeding who has refused to grant consent after his consent has been sought by letter of a request for consent submitted and duly acknowledged by the AGF and he has refused and or failed and or rejected to grant consent as required by the section 84 of the Sheriffs and Civil Process Act, 2004, and after the time stated in the said letter has elapsed, so that the attachment of the judgment debt against the Judgment debtor and or against the Federation account of the Federal Government of the Federal Republic of Nigeria in the custody of the Central Bank of Nigeria, would be to his i.e. the AGF’s knowledge and or awareness if he is joined to the garnishee proceedings. This is my humble view, is another dimension to garnishee proceedings against the government and or any of its agencies in relation to the Federal Government’s monies in the custody of the Central Bank of Nigeria.

Also, I humbly submit that the Attorney-General of the Federation is a public officer saddled with the responsibility of discharging public duties and therefore expected to operate in the interest of public policy and public interest.

Furthermore, in my humble submission, I humbly submit that the intention of the legislature regarding section 84(1) of the Sheriffs and Civil Process Act (supra) as regard the requirement for ‘consent’ of the Attorney-General does not enable and or empower the government, its agencies and the Central Bank of Nigeria to misuse, abuse and or defeat the cause of justice unfairly, unjustly inequitably, etc. and or use such power to shamelessly create a clog in the enforcement and or enjoyment of the fruits of judgment held in favour of the Judgment Creditor by the Court of Law.

Furthermore, I also humbly submit that the requirements of ‘consent’ in section 84(1) of the Sheriffs and Civil Process Act is not superior to the inherent and or constitutional powers of the Court of law conferred on the established Court by section 6(6)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to restrain the Courts of law from wading in or intervening where necessary where the Judgment Creditor has approached the Court of law to grant an Order Absolute to the Judgment Creditor against the Garnishee for the Judgment Creditor to enjoy the fruits of the Judgment held in his favour against the Judgment debtor by the Court of Law, whenever the Judgment Creditor has called upon the Court of law to utilize its inherent and or constitutional powers in his favour. I do hope that our Courts of law would always hold the government to its responsibilities in garnishee proceedings.

Finally, therefore, I humbly encourage and advise the government and the Central Bank of Nigeria to always act in the interest of justice by not frustrating judgment creditors from enjoying the fruits of the judgment held in their favour by a court of law against the government and the Central Bank of Nigeria should not be a tool for hoarding government’s monies in its custody, in order to avoid anarchy, chaos and jungle justice as well as loss of trust in the Nigerian justice system. I also advise our courts to always ensure that their judgments are always enforced as recommended in this paper in the interest of justice.

Email: hameed_ajibola@yahoo.com