How to Overcome Bottlenecks in Garnishee Implementation

Steve Aya

Discussants at a roundtable conference organised to tackle the problems facing the implementation of Garnishee judgements, have all agreed that Section 83 of the Sheriffs & Civil Process Act needs to be reviewed. 

The roundtable discussion which was organised by the Justice in Commerce Network and the Association of Banks’ Legal Advisers and Company Secretaries, was aimed at seeking solutions to the many bottlenecks surrounding Garnishee implementation in Nigeria.

Speaking at the discussion, Mr Sesan  Sobowale said that Banks are spending so much money on cases that most times has nothing to do with them. He maintained that because of the provisions in Section 83, implementation has become a huge task. He fzqurther pointed out that the fact that the Act is old and has been overtaken by time and is in there need of review,  can not be over stated.

In his contribution, Mr Kemasuode Wando, SAN, said that Banks whose client accounts have been flagged red as a result of a Garnishee judgement, owe it to the customer to inform them the moment the court and the Judgment Creditor start their inquiry.

Leading a discussion session titled ‘Enforcement of Judgment’, Mr Fernandez Marcus-Obiene talked about the need to improve the entire Garnishee process, stressing that if the system and process is fast, then it will be easy for everybody.

Some of the decisions that were agreed upon, is to lobby the National Assembly and the National Judicial Commission for a review of the Sheriffs & Civil Process Act which is more than 50 years old. They resolved that there is a need for proper Practice Directions, that will help in solving the Garnishee issue. 

The roundtable discussion which was a hybrid event, was attended by Judges, senior Lawyers and their clients.