An Analysis of the Consent Requirement of Section 84 of the Sheriff and Civil Process Act 2004 and the Judgment Enforcement Powers of Courts

Abstract

One of the methods of enforcing judgments for the payment of money is by way of garnishee proceedings. By garnishee proceedings, the court is empowered to attach monies which a third party called the garnishee owes the judgment debtor in satisfaction of the judgment debt. Where money liable to be attached by garnishee proceedings is in the custody or under the control of a public officer in his official capacity, Section 84 of the Sheriff and Civil Process Act 2004 requires that the consent of the Attorney-General of the Federation or State be obtained before such attachment may be made. This provision appears to grant the Attorney-General some discretion to determine whether certain judgments of courts may be enforced against monies in custody or control of a public officer. This Paper examines the rationale behind the consent requirement under the Sheriff and Civil Process Act vis-a-vis the judgment enforcement powers of Courts. This paper emphasizes that the consent of the Attorney-General is not a mandatory requirement for attachment of money in the custody or control of a public officer in his official capacity. The Paper concludes that all that is required is that the Attorney-General is duly notified of any such proposed attachment as the Court reserves the power to proceed with garnishee proceedings where the Attorney-General without reasonable excuse refuses and/or neglects to grant consent within a reasonable time.