Nigeria's Federation Account As a Subject of a Garnishee Order - A Review of CBN v Obla Ubana & Ors (2016)

Autor: Abayomi Okubote, Opeyemi Longe
Rok vydání: 2017
Předmět:
Zdroj: SSRN Electronic Journal.
ISSN: 1556-5068
DOI: 10.2139/ssrn.3109060
Popis: Litigation in Nigeria has been a herculean task, so is the enforcement of judgment arising from the cases. While the legal aphorism is that a creditor is deserving of the fruits of his judgment, counterparties to commercial transactions with the government have a perennial concern with the litigation process and importantly, the ability to reap the fruits of judgments granted in their favour - which ability has been hampered by statutory impediments in enforcing judgments against the government. This becomes more practical in garnishee proceedings, where a judgement creditor seeks to attach government's money in a bank account. In the wake of the present positive trajectory in the "ease of doing business" in Nigeria, the perennial concern associated with enforcing money judgments against the government, deserves more attention and a review of the decision in CBN v. Obla Ubana & Ors, becomes important.
Databáze: OpenAIRE