Akpabio wants Attorney-General stripped of role in judgement enforcement against FG

The Senate President, Godswill Akpabio, on Wednesday, advocated far-reaching reforms in Nigeria’s justice system.

One of the areas which Mr Akpabio wants amended is the statutory burden placed on a judgement creditor to obtain the consent of the Attorney-General of the Federation (AGF) before a monetary judgement can be enforced against the federal government.

Mr Akpabio spoke on Wednesday at the National Summit on Justice 2024 in Abuja.

“Another area requiring urgent reform is obtaining the Attorney General’s consent before executing judgements,” he said.

Mr Akpabio, an ex-governor of oil-rich Akwa Ibom State in South-south Nigeria, explained that the requirement constitutes a “bottleneck, delaying justice and undermining the autonomy of our judicial system.”

The enforcement of a monetary judgement is guided by the Sheriff and Civil Process Act and Judgement Enforcement Rules.

But, enforcing judgement debts against the government in Nigeria, especially regarding suits bordering on fundamental human rights violations, is tough and near impossible.

Human rights violations are rife in Nigeria, with many citizens being brutalised or illegally detained by police and the military on daily. However, the victims are discouraged from seeking legal redress because of non-enforcement of court outcomes by the government.

Many Nigerians who obtained rights enforcement judgements against the government, its agents or its officials cannot enjoy the court-ordered monetary compensation.

For instance, in December 2016, the Federal High Court in Abuja ordered the State Security Service (SSS) to pay the leader of the Shiite Islamic Movement in Nigeria, Ibrahim El-Zakzaky, and his wife Zinat, N50 million as compensation for their illegal incarceration.

Mr El-Zakzaky was arrested by the military on 14 December 2015 after a clash between the movement and officers of the Nigerian army.

The monetary judgement has yet to be complied with by the government.

Also, Nigeria has earned notoriety for not complying with verdicts from the ECOWAS Court of Justice.

The lack of judgement and debt enforcement against the government perpetuates impunity among law enforcement agents and citizens.

Proposed solution

Mr Akpabio did not stop at decrying the impact the lack of judgement enforcement has had on the country’s justice system.

“In our view, to enhance efficiency while maintaining necessary checks, we propose replacing the requirement for the Attorney General’s consent with a mandatory notification system. Upon receiving a judgment against the government, the relevant authorities will notify the Attorney General immediately in writing.

“Following the notification, the Attorney General will have a specified period, say 30 days, to respond. The response could involve initiating an appeal or settling the matter directly. This timeline ensures prompt action and prevents undue delays in justice delivery.

“If there is no response from the Attorney General within this period, the judgment will be executed automatically.

“This measure is crucial to prevent stalling and ensure that judgments are respected and enforced promptly. In cases where the decision comes from a final court, the option to appeal is not available.

Therefore, the Attorney General’s response would be primarily directed towards settlement. This approach ensures that the government acts responsibly as a litigant and respects the decisions of our highest court in the land. Reforms like this foster trust in the justice system and improve the overall efficiency of legal proceedings involving the government,” Mr Akpabio said.

Other areas of reforms

The Senate President acknowledged that the National Assembly was aware of the delays plaguing the court system.

Mr Akpabio said the delays in hearing and determining cases “deny timely justice” and “undermine faith in our judicial system.”

He promised parliamentary approvals for budgets aimed at the implementation of judicial reforms.

Together, we can build a justice system that fits the 21st century.

The lawmaker called for the deployment of digital technology in adjudicating.

However, the use of electronic resources in the hearing and determination of suits has been at snail speed after COVID-19 compelled the Nigerian judiciary to conduct virtual proceedings in 2020.

The justice sector reform summit was declared open by President Bola Tinubu, whom Vice-President Kashim Shetima represented.

Lawyers and judges of diverse backgrounds, as well as heads of security agencies, are brainstorming in Abuja for two days to fashion out effective and efficient ways of tackling the challenges in the country’s justice system.

The event was attended by the Chief Justice of Nigeria (CJN), Olukayode Ariwoola; the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi; the Deputy Senate President, Bala Jibrin; the President of the Court of Appeal, Monica Dongban-Mensem; and John Tsoho, Chief Judge, Federal High Court.

Other dignitaries were the Chief of Defence Staff, Christopher Musa, a general, and Chairpersons of the EFCC and the ICPC, among others.