Issuance of Court orders in Nigeria
The issuance of a court order in Nigeria depends on the nature and stage of the legal proceeding, and the procedural rules governing such proceedings. A court order can be orally communicated by the judge and subsequently reduced to writing. It is generally a formal order, ruling, or command of a judge and is stamped with the seal of the court and signed by the judge. It is a declaration of the court’s finding on issues arising from a cause of action.
Instituting a Court Action in Nigeria
The institution of a court action is the first step towards seeking legal remedy for a wrong and obtaining a court order. This is achieved by filing relevant court procedures and paying the necessary fees with the court’s registry, upon which the case file is assigned to a judge. An action must be based on an actual cause of action—stated in a statement of claim, petition, or motion—which will ascertain the type of court order the applicant seeks.
To institute a valid action:
- The claimant must be personally affected by the facts constituting the cause of action.
- The claimant must have legal capacity to sue (i.e., be a natural or juristic person).
Court actions are commonly initiated by writs of summons, originating summonses, originating motions, or petitions, backed by supporting documents like:
- List of witnesses
- List of documents
- Witness statements on oath
- Other supporting court documents
Jurisdiction of the Court
Before starting an action, it is crucial to determine the jurisdiction of the court—territorial as well as subject matter. The court must have the necessary legal jurisdiction to adjudicate and rule in the case. Instituting an action in a court without jurisdiction renders the process void. Jurisdiction is hence an absolute condition precedent for validity of any process of the court.
Judicial Determination
In determining a case, the court considers the evidence presented, the parties’ allegations, and the reliefs specifically claimed. After listening to the evidence and arguments, the court renders judgment in favor of the party that has been able to prove their case. In the judgment, the court can make orders directing the parties to do or not to do certain things.
These court orders have to be complied with. Non-compliance is contempt of court, a serious offense which could draw sanctions in the form of fines or imprisonment. Court orders can be made:
•At the end of a case
•At any time before or during proceedings, especially in emergent situations
Types of Court Orders in Nigeria
Court orders in Nigeria are typically classified into three types:
1.Interim Orders:
These are interim orders granted pending the hearing of the case, for the purpose of preserving the rights and interests of the parties. Examples include:
- Interlocutory injunctions
- Orders of status quo
- Preservation orders
- Mareva injunctions (freezing assets)
- Anton Piller orders (for search and seizure, typically in IP cases)
Requirements for the grant of an interim order are:
- Evidencing the risk of irreparable harm if the order is not granted.
- In a Mareva injunction, proving that the defendant has assets in Nigeria which can be removed out of jurisdiction to prevent enforcement.
2. Final Orders:
Issued at the conclusion of a case when a substantive ruling has been reached by the court. These may include:
- Summary judgments
- Default judgments
- Orders for the payment of damages
- Decrees of divorce
- Declaratory judgments (which discover legal rights but do not necessarily have to be enforced)
3. Enforcement Orders:
These are enforcement orders to force compliance of a final judgment. Often called executory orders, they order a party (most often the defendant) to act in a specific way, for instance, pay an amount of money or surrender property.
Enforcement of Court Orders in Nigeria
A judgment or court order must be enforced to ensure that the victorious party can take advantage of litigation. Its enforcement is governed by the Sheriff and Civil Process Act (LFN 2004), the procedure for the enforcement of judgments across Nigeria.
Section 3 and 4 of the Act provide for the appointment by every state of sheriffs, and deputy sheriffs, charged with the duty of enforcing judgments of courts. Enforcement can be applied for by a judgment creditor in the court where the judgment is entered or, where jurisdiction, another court. The registrar now prepares the praecipe (form of execution) upon which the endorsement will be placed by the judge.
Where a praecipe is not obligatory, the creditor can file a written application stating:
- Suit number
- Case title
- Date of judgment
- Type of process desired
- Name of the defendant
- Amount to be enforced
Methods of Enforcement
As held by the Supreme Court in Okoya v. Santilli (1990) LPELR-2504 (SC), judgments are enforced differently:
- Money Judgments: Enforced through writ of fieri facias (FiFa), garnishee proceedings, charging orders, sequestration, or committal proceedings.
- Possession of Land: Enforced by writ of possession, sequestration, or committal order.
- Delivery of Goods: Enforced by specific delivery orders, restitution, or sequestration.
- Tempering or Mandating Actions: Enforced by committal orders or writs of sequestration against the reluctant party.
Money judgments under Section 20 of the Act are enforceable through execution against movable and immovable property of the judgment debtor.
Final or interim order of court is a binding direction of the court. It takes effect from the date of its making and must be obeyed. Disobedience of a court order constitutes contempt, an offense in Nigeria under the law.
Orders of court are enforceable everywhere in the whole federation, underlining the authority of the courts and the importance of obedience to the rule of law. Enforceability ensures that the successful party enjoys the fruit of their judgment and instills faith in the justice system.