Dispute Resolution Insights, Dispute Resolution Practice Group, Insights, Litigation

Holding the Line: A Practical Guide to Contempt Proceedings in Nigerian Courts Vol.1

Introduction

After years of protracted litigation, repeated adjournments, and considerable legal expense, a litigant finally obtains a favourable judgment, positive order, or ruling from a court of competent jurisdiction. The litigant holds the Certified True Copy (CTC) of the court’s decision, relieved that justice has been served – but then the Nigerian reality sets in.  The judgment debtor elects not to comply voluntarily with the order, judgment, or ruling of the court. Months stretch into years. In the interim, counsel to the successful party initiates enforcement proceedings, which often prove protracted and cumbersome, because the judgment debtor, or other party bound by the court order, has deliberately rendered both themselves and their assets unavailable or otherwise inaccessible.

The judgment, ruling, or injunctive order —representing the culmination of a hard-fought legal contest—may ultimately amount to a mere piece of paper with little or no significance. This is the common reality for thousands of successful litigants across Nigeria, where the issuance of a judgment or court order often fails to lead to effective enforcement or tangible compliance.

“Court judgment” (for the purposes of this article, includes all rulings and pronouncements of a competent court, whether monetary or non-monetary, including but not limited to: final judgments, interlocutory orders, injunctions, specific performance orders, and rulings).

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Harrison Ogalagu

Partner

Oludayo Ayeni

Managing Associate

Lucky Nwode

Associate

Philip Oladimeji

Associate

Practice Key Contacts

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