Ayodele Olalere
A judiciary pressure group, Access to Justice (A2J) has called for the abolition of the Sheriff and Civil Process Act 2004, saying it is “arguably the singles, biggest obstacle to the judiciary’s ability to redress violations of human rights and uphold rule of law in Nigeria.”
In a statement jointly signed by the group’s Convener, Joseph Otteh and it’s Project Director, Deji Ajare, it stated thousands of Nigerians have found it difficult to seek redress when their fundamental rights are violated because of insurmountable “odds inherent in prosecuting a claim in court “the lack of effective redress and the ultimate inability to access any remedy the court has awarded them.”
“One major reason why most efforts to hold public institutions, particularly law enforcement and security agencies, accountable often draw blank is because of limitations placed on the power of courts of law to enforce their judgements by the Sheriff and Civil Process Act (“SCPA”) 2004.
Section 84 of the SCPA requires that a successful litigant must first seek and obtain the consent of the Attorney-General of the Federation (or of a State, if a State account is implicated), before an award of a monetary sum can be obtained from the accounts of the Federal and State government or any of their agencies,” it stated.
When courts adjudicate claims asserting the violation of constitutional rights and award monetary reliefs against governmental institutions or agencies, it is expected that these institutions will abide by the judgments and willingly pay up. Not so for a lot of agencies! Often, judgement creditors have to subsequently apply to court for an order garnisheeing funds from the accounts of any adjudged debtor institution or agency to meet the judgment award,” it added.
It further stated the Act has made government agencies to prevent their accounts being garnished thereby preventing judgement creditors access to judgement sums.
“Citing and using this legislation, public institutions (including law enforcement and security agencies) have resisted efforts to garnishee funds in their accounts on the basis of the SCPA. The Sheriff and Civil Process Act 2004, therefore, is arguably the greatest obstacle to the enforcement of human rights in Nigeria because it restricts the ability of Nigerian courts to protect human rights, enforce the rule of law, and check impunity on the part of security and law enforcement agencies.
The group therefore urged the government to”abrogate the Sheriff and Civil Procedure Act, or Section of the Act, immediately so that courts can more effectively play the roles assigned them under the constitution, promote good governance and defend the rule of law.”
” To prioritize victims and families of victims of human rights abuses in the delivery of COVID-19 relief measures, and to require the Attorney General of the Federation, to give due consent to the payment of debts owned victims of human rights abuses, after substantiating the genuineness of each claim.”
It also “called on the Governor of the Central Bank of Nigeria to reconsider the Bank’s longstanding history of support to perpetrators of human rights abuses, and to the role it has played over the years in shielding abusers from justice and accountability. “