The Requirement of Consent of the Attorney General in the Enforcement of Judgement Under Garnishee Proceedings in Nigeria: An Appraisal

Abstract

Under section 84 of the Sheriff and Civil Process Act, before a judgment creditor can garnishee money of a judgment debtor that is under the control or custody of a public officer, the consent of the Attorney General must be sought and obtained. The legality of this position of the law vis-vis the constitutional provisions that subject everybody to the judicial powers of the court has been a subject of controversy. Plethora of judicial authorities in this regard has not settled the controversy.  This article examines the provisions of the Sheriff and Civil Process Act, judicial authorities in this regard in relation to the Constitutional provisions as to the judicial powers of the court; in order to determine the legality or otherwise of the requirement of consent of the Attorney General before garnishee proceedings can be initiated for the attachment of money under the control or custody of public officer. The article recommends that section 84 of the Sheriff and Civil Process be amended to remove the requirement of consent of the Attorney General before money under the custody or control of a public officer can be attached amongst others. This article used doctrinal method to collate materials.

Keywords: Attorney General, Public officer, Judgment Creditor/Debtor, Consent, Enforcement of judgment, Garnishee proceedings, Garnishee

DOI: 10.7176/JLPG/125-11

Publication date:October 31^st 2022