By Lillian Okenwa
“If for any reason the executive arm of government refuses to comply with court orders, I am afraid that arm is promoting anarchy and executive indiscipline capable of wrecking the organic framework of the society. The corporate existence of Nigeria, it must be admitted, postulates the principle of cooperation between the three arms of government (Executive, Legislative, and Judiciary). Where these work together in the same framework, then the rule of law shall prevail in that society. But where each selects to work in isolation and/or in utter disdain of the other, then havoc wrecks the society. thus by this unique position, each knowing the limits of its powers and not to attempt to enter brusquely into the preserve of the other or ride roughshod of the powers of the other, then their rule of law has achieved its purpose which is ensuring respect for the law.”
Although this decision of Hon. Justice Tanko Muhammad, JCA as he then was, was made 26 years ago in —Ibrahim &Ors v. Emein (1996)2 NWLR (pt. 430) 322, the subject of his pronouncement formed a large part of the conversation at the just concluded Annual Conference of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) in Abuja.
Some of the key issues that arose at the event which was declared open by Acting Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola include:
- The general principle of law is that all court orders and judgements must be obeyed. This is notwithstanding the opinion of parties.
- There are about 120 court orders against the Federal Government of Nigeria which are yet to be complied with by the government.
- Disobedience to court orders is a direct affront to the authority and dignity of the court.
- Some of the consequences of disobedience to court orders are a descent to anarchy and recourse to self-help, lack of confidence in the Judiciary, low level of foreign direct investment, and the absence of rule of law.
- Factors that contribute to disobedience to court orders include abuse of discretionary powers of the court, lack of judicial integrity, lack of judicial independence, disregard for the rule of law by the Executive, weak machinery for enforcement of court orders, and rendering of unenforceable orders.
- The judiciary must be independent in order to ward off interference by other arms of government which adversely affects its ability to discharge its mandate in a just and fair manner.
The conferees in the communiqué signed by Dr. Monday Ubani, NBA-SPIDEL Chairman, Dr. Princess Frank-Chukwuani NBA-SPIDEL Secretary/Alternate Chair, Conference Planning Committee, and Dr. Uju Agomoh, Chair, Content Sub-Committee, NBA-SPIDEL 2022 Conference Planning Committee also observed the following:
- The welfare of judges is a key factor in justice delivery, and is crucial in combating corruption in the Judiciary.
- The Attorneys-General at both Federal and State levels play a critical role in enforcement of court orders. Accordingly, the Attorneys-General must see themselves as attorneys for both the government and the people.
- The primary motivation of every legal practitioner should be the end of justice. Legal practitioners that encourage the flouting of court orders do a great disservice to the profession and the administration of justice.
- The Judiciary can employ and train its own enforcement marshals independent of the police which is an arm of the Executive.
- The enforcement of court orders is fundamentally an administrative function.
- The Sheriffs and Civil Process Act presents a formidable obstacle to enforcement of court orders and judgements given the requirement of consent of the Attorneys-General prior to enforcement of judgments. The decisions of trial and appellate courts on section 84 of the Sheriff and Civil Process Act have failed to provide clarity on the enforcement framework.
- The debate on whether the Central Bank of Nigeria is a “public officer” for the purpose of Section 84 of the Sheriffs and Civil Process Act is ongoing.
- Conflicting judgments especially from the Court of Appeal tend to defeat the clarity needed under the judgement enforcement framework.
- The introduction of the Single Treasury Account (STA) has nearly stalemated enforcement of court orders, while judgment creditors face challenging hurdles in the attachment process.
- Contempt proceedings are defeated on grounds of technicality, thereby raising the question whether the courts are desirous to have their orders enforced.
- The judgment enforcement units of courts are fraught with fraud and corruption.
- Slow appellate process poses an impediment to the enforcement of judgments.
- The requirement for an application to the Commissioner Of Police prior to enforcement is an avenue for extortion and an additional cog in the wheel of enforcement of court judgments.
- Foreign arbitral and sundry judgments are enforceable in Nigeria. However, judgments of the ECOWAS Court judgments are not readily complied with by the Government.
Below are recommendations made by participants.
1. Political Interference and Judicial Autonomy
The conference decried political interference in judicial functions and urged the Executive and Legislature to desist from such acts and commit to obey court orders. Judicial autonomy and financial independence are imperative to insulate the Judiciary from interference and foster obedience to court orders.
2. Enforcement Regime
There is a need to overhaul the framework for enforcement of court orders in order to make the process less cumbersome and less cost intensive. The Judiciary should establish its own Enforcement Unit to speedily enforce its judgements and orders. An equivalent of the United States “Marshall Service” should be enacted into law by the National Assembly to facilitate enforcement of court judgments. There is need for oversight of the activities of court officials who enforce judgments to eschew fraud and corruption.
3. Welfare of Judicial Officers
There is a need to review the remuneration of judges in order to ensure that judicial officers are sufficiently motivated, diligent and deliver judgments that meet the ends of justice. An overhaul of the process for appointment of judges is also imperative to ensure that the judgements that emanate from the Judiciary are unimpeachable and non-conflicting.
4. Role of Attorneys-General
The role of Attorneys-General in the enforcement of judgements must be reviewed to ensure that they do not act as stumbling block in the enforcement process. Section 84 of the Sheriff and Civil Process Act should be amended to remove the requirement of prior consent of the Attorneys-General before enforcement of judgments.
5. Role of Legal Practitioners
Legal practitioners who frustrate enforcement of court judgements and orders should be sanctioned.
6. Criminal Sanctions
Disobedience or disregard of court orders should attract criminal sanctions, including contempt of court proceedings against the defaulters.
7. Enforcement of Foreign Judgments
To promote the rule of law and foreign direct investment, arbitral awards should be enforced automatically and without recourse to the courts. The Federal Government should comply with all pending judgments of municipal and sub-regional courts among others.
8. Funding for Judgments Debts
The Federal and State governments should make budgetary provisions for payment of judgement debts.
9. Appellate Process
There is need to quicken the appellate process to ensure that appeals do not act as a cog in the wheel of enforcement of judgments.
