THE PROCEDURES AND PROBLEMS INVOLVED IN THE ENFORCEMENT OF COURT JUDGMENTS AND ORDERS IN THE HIGH COURT OF THE FEDERAL CAPITALTERRITORY, ABUJA
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ABSTRACT
The Enforcement of Court Judgments and Orders in the High Court of the Federal Capital Territory, Abuja, Procedure and Challenges is the title of this dissertation. The focus is on the execution of verdicts and court orders in Abuja, Federal Capital Territory. The High Court of the Federal Capital Territory formed an enforcement section, which is today a Department primarily responsible for the execution of court orders and judgements. This will result in comprehensive and effective enforcement across the Territory. Consideration should be given to centralizing the Department responsible for enforcing all judgments and decrees of the High Court of the Federal Capital Territory in order to provide simple and affordable enforcement for judgment creditors. This study identifies the following issues as problematic: a) Centralization of the enforcement department at Maitama, the principal headquarters of the High Court of the Federal Capital Territory, Abuja. b) Delay caused by complicated bureaucratic process. c) Expensive enforcement due to a lack of suitable infrastructure, such as mobility for the enforcement officers, a crane, a towing van, and a truck for transporting connected properties to the warehouse, resulting in high costs. d) Corruption by the enforcement officers and inappropriate counsel given to clients by attorneys (judgment debtor). e) Extreme danger to human life is present. f) lower penalties stipulated by law for disobeying court orders and verdicts (fine of not more than 100 naira). g) Non-publication and sale to the highest bidder for related property. The purpose of this paper is to examine the difficulties associated with the enforcement of judgments and court orders in the Federal Capital Territory, Abuja, to identify the reasons for the non-enforceability of some judgments and court orders and the solution, and to examine the procedures for the enforcement of judgments and court orders in the High Court of the Federal Capital Territory, Abuja, as well as the difficulties involved. This study makes use of the doctrinal technique, also known as library-oriented research, in which legislation, case law, conventions, textbooks, periodicals, literature, etc. are consulted. Additionally, teleological research is embraced because of job experience. The findings, however, revealed that the most significant obstacles associated with the enforcement of judgments and court orders in the High Court of Abuja are: a) the centralization of the enforcement Department at the main Headquarter in Maitama, Abuja; and b) the lack of a dedicated budget for enforcement. b) a needless delay that allows the judgment debtor to thwart execution by submitting a request for stay of execution, interpleader summons, or an appeal. c) a smaller legal penalty for defying court orders and judgements. d) Inadequate facilities. e) corruption by law enforcement and legal professionals. f) Extreme danger to life g) Non-publication and sale to the highest bidder of the associated property. The recommendation is to decentralize the Department of Enforcement. b) Judgments and court orders must be executed promptly and without delay. c) The statute’s clause about penalties for impeding court judgments and orders should be revised. d) Sufficient facilities should be made available for the enforcement. e) Provision for the High Court to train enforcement officials and the Nigerian Bar Association to teach attorneys (NBA). g) Sale of connected property should be announced and to the highest bidder. f) Insurance should be given for enforcement personnel due to the considerable dangers to their lives involved.
THE PROCEDURES AND PROBLEMS INVOLVED IN THE ENFORCEMENT OF COURT JUDGMENTS AND ORDERS IN THE HIGH COURT OF THE FEDERAL CAPITALTERRITORY, ABUJA
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