The true measure of a legal system lies not only in its ability to adjudicate disputes but in its capacity to ensure that victorious litigants actually enjoy the fruits of their judgements.
In Nigeria, garnishee proceedings have long stood out as one of the most potent instruments for enforcing monetary judgements. Yet, when funds belonging to governments are at stake, Judgement Creditors have historically faced formidable barriers. Chief among these is the procedural hurdle imposed by section 84 of the Sheriffs and Civil Process Act (SCPA), which mandates the consent of the Attorney General before any funds in the custody of a public officer may be attached.
For decades, the interpretation of section 84 generated considerable judicial controversy, particularly concerning whether funds held by the Central Bank of Nigeria (CBN) on behalf of government ministries, departments, and agencies were protected from attachment without the Attorney-General’s consent. The divergent judicial approaches created uncertainty in enforcement proceedings and often delayed
satisfaction of valid judgements.
