Admissibility and Enforceability of Foreign Court Judgments in Nigeria – By Usman Abdulsemiu Temitope Esq

Introduction

In today’s interconnected world, international trade, commerce, and legal disputes often involve parties from various jurisdictions. When a judgment is obtained from a foreign court, the question of its admissibility and enforceability in Nigeria becomes pertinent. Understanding the procedures and legal framework for recognizing foreign court judgments is crucial for both domestic and international parties involved in cross-border transactions and disputes.

Admissibility of Foreign Court Judgments

In Nigeria, the admissibility of foreign court judgments is primarily governed by the Evidence Act 2011. Section 88 of the Evidence Act provides that judgments of a foreign court may be admissible in Nigerian courts under certain conditions. The key conditions for the admissibility of foreign court judgments in Nigeria include:

• Reciprocity: Nigerian courts typically recognize foreign judgments from countries that reciprocally recognize Nigerian judgments. In practice, this means that if a foreign court’s judgment is from a country that has a treaty or agreement with Nigeria recognizing and enforcing each other’s judgments, it is more likely to be admissible.
• Authenticity: The judgment must be authenticated by the relevant authorities of the foreign country. This typically involves obtaining a certificate or a letter of request from the foreign court, confirming the authenticity and validity of the judgment.
• No Contravention of Nigerian Law: The foreign judgment should not be contrary to Nigerian public policy or involve a matter over which Nigerian courts have exclusive jurisdiction. Judgments that are in violation of Nigerian law or against public policy may be refused recognition.
• Jurisdiction of the Foreign Court: Nigerian courts may only recognize judgments from foreign courts that had proper jurisdiction over the matter. If the foreign court did not have jurisdiction, the judgment may be challenged.

Enforceability of Foreign Court Judgments

Recognizing a foreign court judgment is just the first step. The enforceability of such judgments in Nigeria is a separate process. The procedure for enforcing foreign court judgments in Nigeria is largely governed by the Foreign Judgments (Reciprocal Enforcement) Act, which outlines the steps to follow:

• Registration: To enforce a foreign court judgment, it must first be registered in a Nigerian court. The judgment creditor (the party seeking enforcement) must apply to a Nigerian court for the registration of the foreign judgment.
• Reciprocity Requirement: The judgment must be from a country that has a reciprocal agreement with Nigeria. Without reciprocity, the judgment cannot be registered or enforced.
• Notice to the Judgment Debtor: Once registered, the judgment debtor (the party against whom enforcement is sought) is notified and given an opportunity to challenge the registration.
• Challenge to Registration: The judgment debtor can challenge the registration on various grounds, such as lack of jurisdiction, fraud, or contravention of public policy.
• Enforcement: If the Nigerian court upholds the registration, the foreign court judgment is enforceable in Nigeria. The judgment creditor can take further steps to execute the judgment.

Conclusion

The admissibility and enforceability of foreign court judgments in Nigeria involve a well-established legal framework, which is essential for maintaining international legal standards and facilitating cross-border transactions. Parties seeking to rely on foreign court judgments in Nigeria should ensure that the judgments meet the legal criteria for admissibility and follow the prescribed procedures for registration and enforcement. It is advisable to seek legal counsel with expertise in international law and cross-border disputes to navigate the complexities of recognizing and enforcing foreign court judgments in Nigeria.