Aare Afe Babalola, OFR, CON, SAN

President Emeritus and Founder

Afe Babalola University, Ado Ekiti, Nigeria

Abstract

This paper examines the provisions of Section 84 of the Sheriffs and Civil Process Act which protects government from payment of judgment debt. It also examines the nature and effect of a court’s judgement as well as the various methods of enforcing courts’ judgements. The paper dwells extensively on garnishee order/proceedings. It questions the constitutionality of the requirement of the Attorney General’s consent in enforce money judgment against the government. The paper argues that requirement of consent negates the principle of rule of law and equality principle enshrined in the 1999 Nigerian Constitution. It, therefore, urged the legislature to take an urgent step in amending or abrogating the provisions of Section 84 of the Sheriffs and Civil Processes Act with a view to removing the requirement of consent of the Attorney Generals. The paper posits that such a step will accord with the principle of equality before the law, and also ensure that successful litigants are able to transform judgements given in their favour into real benefits.