*Calls For Removal Of Section 84, Sheriffs And Civil Processes Act To Ensure Justice
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The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has raised concerns over the growing number of unenforced court judgments, particularly those against government agencies, warning that this trend undermines public confidence in the judiciary.
Speaking on Arise TV Primetime, Osigwe criticized existing legal provisions that hinder the enforcement of judgments, with particular reference to Section 84 of the Sheriffs and Civil Processes Act. This section requires the Attorney General’s consent before enforcing judgments against the government, effectively allowing state actors to evade compliance with court rulings.
“Many people have obtained favorable judgments but cannot enforce them because of Section 84, which mandates the Attorney General’s consent,” Osigwe stated. “This provision acts as a legal barrier, making it difficult to hold the government accountable. It should be declared unconstitutional and removed as an obstacle to justice.”
He emphasized that this issue affects individuals and businesses alike, as it exclusively benefits the state. Many judgment creditors, he noted, are left in limbo, sometimes for years, with some even passing away before their court victories can be enforced.
Osigwe warned that the inability to enforce court rulings discourages people from seeking legal redress, as they fear that litigation could become a futile exercise.
“Many people hesitate to take legal action because they know that after spending money on legal fees and winning their case, they may still not be able to enforce the judgment. Of what use is it to go to court if justice cannot be executed?” he questioned.
To address this issue, Osigwe proposed the establishment of an independent, armed enforcement unit within the judiciary to ensure compliance with court orders. This, he argued, would prevent instances where the police refuse to assist in executing judgments against the government.
Beyond judgment enforcement, Osigwe also criticized the growing trend of lawyers filing frivolous appeals to the Supreme Court, often as a strategy to strengthen their applications for the prestigious rank of Senior Advocate of Nigeria (SAN).
He observed that some legal practitioners persist in filing appeals even when there are no substantial legal issues at stake, thereby clogging the judicial system and delaying the administration of justice.
“Sometimes, lawyers file appeals solely to meet the requirements for applying for the SAN rank,” Osigwe said. “This contributes to the excessive caseload of the Supreme Court, where everything is thrown at the justices, leaving them overwhelmed.”
He highlighted that Supreme Court justices often struggle under immense pressure, with some expected to write up to 75 judgments per year. This, he warned, could compromise the quality of rulings and further slow down the dispensation of justice.
Osigwe urged lawyers to exercise greater discretion in pursuing appeals, emphasizing that only cases that raise genuine legal questions or significant public interest matters should be escalated to the Supreme Court.
In his final remarks, the NBA President reiterated the need for comprehensive reforms in the judicial system, particularly in judgment enforcement and case management at the appellate level. He called on stakeholders, including the National Assembly, judiciary, and legal practitioners, to work towards eliminating legal bottlenecks and ensuring that justice is not only served but also effectively executed.
“Justice delayed is justice denied, but justice denied due to legal technicalities is a complete erosion of public trust in our courts,” Osigwe concluded.
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