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FOI: Lawyer Obtains Leave of Court to Sue Minister on Foreign Judgments (Reciprocal Enforcement) Act

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A Legal Practitioner, Solomon Okedara has secured the nod of the Federal High Court sitting in Abuja to commence a judicial review proceeding under the Freedom of Information Act against the Honourable Minister of Justice.

Okedara who is the Applicant in the suit, had via a motion ex parte sought the leave of the court to commence a judicial review proceeding against the office of Minister of Justice given the refusal of the Minister to provide some information requested by the lawyer, who had earlier on 25th of May, 2023 requested for the information bothering on making of a “reciprocity order” by the Minister under the Foreign Judgment (Reciprocal Enforcement) Act for the applicability of the law.

Okedara averred in his supporting Affidavit that from 1990 when the Act was enacted till date the Minster of Justice is yet to make an order thereby making the Act substantially unenforceable. He maintained that non-enforceability of this Act has negatively impacted on international commercial engagements between Nigerian businesses and foreign businesses as non-enforceability of judgments given in countries of foreign business discourages such business entities from transacting with Nigerian businesses, as there is no assurance of direct enforcement of judgments given in their countries in Nigeria in the event of dispute resulting in litigation-a development, Okedara believes has repeatedly bothered not just Nigerian businesses, but also lawyers and more importantly Nigerian judges.

He however noted that the aim of the suit is not to ask the court to compel the Minister to make an order, but engender proactive moves on the part of the Minister towards enforceability of the Act, for greater cross-border commercial transactions which he believes will foster economic growth and development.

The Presiding Judge, Justice H,J, Yilwa has adjourned the hearing of the Substantive Application for Judicial Review to 12th day of April 2025.

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