Ogun State Judiciary Withdraws From Execution Of Judgment As Ogun Bar Writes CJ

The office of the Chief Registrar of Ogun State has resolved that the state Judiciary will no longer be involved in the execution of judgment. 

This was contained in a reply to NBA Forum Ogun state dated 7th May 2019, signed by the Deputy Chief Registrar III Mrs. A.I Adelaja.

In the letter with reference No.: CROG/048/T2/58, noted that there will be no need to hold a meeting proposed by the NBA to discuss the scale of payment.

The five(5)branches of NBA in Ogun State had earlier on rejected the decision of the Chief Registrar that the execution of judgments be carried out by the office of the Civil Defence without full consultation of the NBA who are the stakeholders.

The Bar Forum in its letter to the Office of the Chief Registrar dated 2nd May 2019, signed by 5 NBA branch chairmen respectively, NBA ABEOKUTA: EMMANUEL OLU-ALADE, NBA OTA: ISAAC OGBAH, NBA SAGAMU: PRINCE DEBO ODUGUWA, NBA IJEBU-ODE: M. D. GANIYU, NBA ILARO: CHIEF SEGUN EMEHIN, exclusively made available to TheNigerialawyer (TNL). Noted that Sheriff and Civil Process Act, Imposes the duty of execution of judgments and other related matters on the Sheriff of the Court.

The letter party reads:Previous direct dealings with security agencies by litigants in the quest to reap the benefits of court Judgement in their favour were done against the provision of the Act. 

It follows therefore that prescribing templates and modalities for carrying out the duties is the responsibility of the Sheriff.  

However, in doing so, the Bar which is the main Stakeholders must be fully consulted before the templates and modalities are rolled out.

It is in the light of the above, that the Bar considers the scale of fee payable for the execution of judgment as contained in the circular under the reference as exorbitant and excessive.

The yardstick used in the valuation of the property and the location of the property ( within or outside Abeokuta) are very inappropriate. The Bar, therefore, request that the implementation in the circular be put on hold while immediate consultation with the Bar be put in place in order to arrive at a workable scale of fees for execution of judgment in Ogun state.

TheNigerialawyer(TNL) recall that the Deputy Chief Registrar III,  Mrs. A.I Adelaja had upon the directives of the Chief Registrar, Mrs. O.O Stanley informed all sectional heads of High Court and Magistrate court that henceforth the officers of Civil Defence will be in charge of execution of judgment In the state. In a circular dated 30th April, 2019, with the Reference No CROG/009/10/1 the fees was to be paid based on location and scale of property in question.

One (1) Room Shop within Abeokuta was to pay N20,000, while outside Abeokuta (Odeda, Mowe, Ife, etc) was to pay N25,000.

Room and Parlor within Abeokuta was to pay N35,000, while outside Abeokuta was to pay 40,000.

3 Bed Room Flat within Abeokuta was to pay N45,000, while outside Abeokuta was to pay N50,000

1-5 Acres of vacant land was to pay N200, 000,(Every additional 5 Acres will attract N100,000).

A plot of occupied land is N150,000( Every additional 1 plot  was to attract N50,000

Debt recovery was 10% of the judgment sum up to N5 million/  above N5 million was to attract 5% as fee payable.

The above fees were to be effected in all pending applications for execution of judgment.