BY: Asanam George Esq
1. Introduction
The authority of the judiciary does not end with the delivery of judgment, it is vindicated only when its orders are obeyed. In Nigeria, however, enforcement of monetary judgments against public institutions have overtime continued to expose the structural and doctrinal tensions within our system.
The recent decision of the Court of Appeal, Abuja Division, affirming the enforcement of a ₦2.5 billion judgment debt against the Central Bank of Nigeria(CBN)in the case of Central Bank of Nigeria v Ahmadu Bello University (ABU) & Ors is timely and provides a practical insight into these tensions. The case illustrates the constitutional imperative of compliance and obedience to Court order, the procedural issues of garnishee proceedings against public bodies, and the judiciary’s renewed insistence that government institutions are not above the law.
This article examines the legal framework governing enforcement against government entities and the constitutional implications of continued non-compliance.
2. Constitutional Imperative: Section 287 and the Binding Nature of Judgments
Section 287 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) mandates that decisions of superior courts of record shall be enforced in any part of the Federation by all authorities and persons. The language in the circumstance is categorical. It does not distinguish between private individuals and public institutions. Therefore, once a competent court has delivered a final judgment, every authority within the Federation is constitutionally bound to give effect to it.
The Supreme Court in Rossek v African Continental Bank Ltd reaffirmed that a subsisting judgment must be obeyed until same is set aside. Disobedience, whether by a private litigant or a public agency, strikes at the heart of the rule of law.
The recent Court of Appeal decision in the case of Central Bank of Nigeria (CBN) v Ahmadu Bello University (ABU) & Ors must therefore be understood against this constitutional background that enforcement of a judgment debt is not a discretionary administrative favor rather it is a constitutional obligation.
3. The Court of Appeal’s Decision in Central Bank of Nigeria (CBN) v Ahmadu Bello University (ABU) & Ors
In early February 2026, the Court of Appeal, Abuja Division, dismissed appeals filed by the Central Bank of Nigeria and Ahmadu Bello University challenging the enforcement of a ₦2.5 billion judgment debt in favor of 110 former ABU employees who had been unlawfully disengaged decades earlier.
The major and fundamental issue before the appellate court in this case was whether the judgment creditors were entitled to proceed with garnishee enforcement against funds in the custody of the CBN, and whether the absence (or necessity) of prior consent of the Attorney-General of the Federation under section 84 of the Sheriffs and Civil Process Act rendered the process incompetent.
In its wisdom, the Court of Appeal rejected the appellants’ attempts to stall the enforcement of the judgement of the Court in the substantive suit. Significantly, the court held that where the Attorney-General was already a party to the substantive proceedings culminating in the judgment, insistence on separate consent under section 84 could not be deployed as a technical weapon to defeat enforcement. The appellate court further emphasized that public institutions cannot perpetually resist satisfaction of valid judgment debts under the guise of procedural technicalities. Costs were awarded against the appellants, and the court warned against continued obstruction of compliance.
The decision of the Court in this matter is both timely and important because it reaffirms the enforceability of monetary judgements against public institutions. It is also important because the Court in this matter offered judicial interpretation and clarity to the provisions of Section 84 of the Sheriffs and Civil Process Act which has overtime been relied upon by government institutions to stall the enforcement of monetary judgements given against them.
4. Garnishee Proceedings and Section 84 of the Sheriffs and Civil Process Act
Enforcement of monetary judgments against government entities is typically pursued through garnishee proceedings under the Sheriffs and Civil Process Act (SCPA). Section 84(1) of the Act provides that where money sought to be attached is in the custody or control of a public officer in his official capacity, prior consent of the Attorney-General of the Federation or of a State is required before a garnishee order nisi can be made absolute.
The Supreme Court in Central Bank of Nigeria v Interstella Communications Ltd interpreted section 84 and clarified that the consent requirement applies where funds are indeed in the custody or control of a public officer acting in that capacity. The provision was not intended to create blanket immunity from enforcement.
The CBN and ABU appeal brought this provision back into focus. The Court of Appeal’s reasoning in the case demonstrates that section 84 must be construed purposively and not mechanistically. In other words, where the Attorney-General has participated in the substantive proceedings and the liability of the public institution has crystalized through a final judgment, section 84 cannot be manipulated to create endless procedural loops.
5. Conclusion
The enforcement of judgments against state institutions remains a defining test of constitutionalism in Nigeria. The Court of Appeal’s decision in the case of Central Bank of Nigeria v Ahmadu Bello University represents a firm restatement of the principle that no institution is above the law, and valid court judgments must be satisfied without undue delay.
REFERENCES
- Constitution of the Federal Republic of Nigeria 1999 (as amended) s 287(1)–(3).
- Rossek v African Continental Bank Ltd (1993) 8 NWLR (Pt 312) 382 (SC).
- Sheriffs and Civil Process Act, Cap S6 Laws of the Federation of Nigeria 2004.
- Central Bank of Nigeria v Interstella Communications Ltd (2018) 7 NWLR (Pt 1618) 294 (SC).
- Constitution of the Federal Republic of Nigeria 1999 (as amended) s 6(6)(b).
- Constitution of the Federal Republic of Nigeria 1999 (as amended) s 1(1).
WRITTEN BY:
ASANAM GEORGE ESQ.
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