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COURT MAY EXAMINE DECISIONS OF SIMILAR JURISDICTION

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Where there is no established precedent in this jurisdiction, the Court may examine the decisions of Courts in other similar jurisdictions for guidance. It is conceded that they are of persuasive authority only. In the Indian and English authorities cited by learned counsel for the applicants, I am persuaded that having regard to the fact that the decision of the lower Court affects the pecuniary interest of the applicants in the estate of the deceased and they are not seeking to pursue the appeal against the conviction and sentence of the deceased, the justice of the case requires that they be permitted to challenge the decision on Ground 9 only.

— K.M.O. Kekere-Ekun JSC. Abdullahi v. Nigerian Army (SC.433/2010(R), 25 MAY 2018)

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foreign judgement

COURT CAN SET ASIDE THE REGISTRATION OF A FOREIGN JUDGEMENT

In any case, the authority, power or jurisdiction to set aside the registration of a foreign judgment as seen above is provided by statute and the courts have recognised that position in a number of decisions. See Hyppolite v. Egharevba (1998) 11 NWLR (Pt. 575) 598 at 614 and 617, Berliet (Nig.) v. Kachalla (1995) 9 NWLR (Pt.420) 478, Dale Power System v. Witt and Busch (2001) 8 NWLR (Pt.716) 699 at 708 and Halaoui v. Grosvenor Ltd. (2002) 17 NWLR (Pt.795) 28 at 42-3.

— Garba, JCA. Shona-Jason v Omega Air (2005) – CA/L/418/2000

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REGISTERING COURT DOES NOT SIT AS APPELLATE COURT OVER FOREIGN JUDGEMENT

I will also add that it is not the duty of the court entertaining an application for the registration of a foreign judgment to sit as an appellate court over the foreign judgment. The respondent to the judgment sought to be registered is expected to have exercised its right of appeal under the laws of the foreign country. All that the court to which the application is made needs to do is to ensure that the appellant complies with the requirements of our laws on registration of foreign judgment. I believe that the requirements were met in this case.

— S.A. Akintan, JSC. Witt Ltd. v Dale Power (2007) – SC.240/2000

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THE 1958 RECIPROCAL ACT APPLIES SINCE THE MINISTER OF JUSTICE IS YET TO MAKE AN ORDER UNDER THE 1990 ACT

Taking into consideration that Part I of the Foreign Judgments (Reciprocal Enforcement) Act, CAP 152 of the Laws of the Federation, 1990, comprising Sections 3, 4, 5, 6, 7, 8, 9 and 10, is to come into force only at the instance of the Minister of Justice by an order issued by him as specified in Section 3 of the Act, and in the absence of this order directing the application of Part I of the Act to the chosen countries specified in the order, the provisions of the earlier 1958 Reciprocal Enforcement of Judgments Act CAP 175, remains applicable to the registration of foreign Judgments in Nigeria, particularly Judgments of the United Kingdom, one of which is the subject of this appeal. In other words Section 6 of the 1990, Act which was relied upon by the parties at the Courts below and interpreted and applied by the Court of Appeal below in its Judgment, is yet to come into force in the absence of the Order to bring it into force together with the other Sections in Part I of the Act by the Hon. Minister of Justice. This situation makes it necessary to fall back to the 1958 Ordinance to determine whether or not the Foreign Judgment of the Appellant was registrable under that Act.

— M. Mohammed, JSC. Grosvenor v Halaloui (2009) – SC.373/2002

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CRITERIA AND PROCESSES FOR REGISTRATION OF A FOREIGN JUDGEMENT

In the instant case, the relevant legislative provisions, and these have been reproduced supra, are made up of words which are clear and unambiguous in their meanings. Their ordinary literal meaning must accordingly be ascribed to them. Resultantly the combined effect of these provisions are:- (1) Foreign judgments are, on application and a court order thereon, registrable in this country. (2) Application for an order for leave to register such judgments can be made either ex parte or on notice. (3) An application on notice for the registration of a foreign judgment can be made, by the necessary implication deducible from S. 3(4), more than once.
Judgments that must not be registered pursuant to applications in that behalf and if registered their registrations are liable to being set aside, on application by the judgment debtor include:- (a) Judgment given by a court without jurisdiction. (b) Judgment against a judgment/debtor who did not carryon business or resided within the jurisdiction of or voluntarily appeared or submitted or agreed to submit to the jurisdiction of the court that gave the judgment. (c) Judgment against a defendant who although ordinarily resident or was carrying on business or agreed to submit to the jurisdiction of the court that gave the judgment was not duly served with the processes of the court and did not attend trial. (d) Judgment that was fraudulently obtained. (e) An appeal subsist against the judgment or that being entitled to, the judgment/ debtor intends to appeal. (f) If the cause of action on the basis of which the judgment was given could not have been heard by the registering court for reasons of public policy or such other related reasons. (g) it is neither just nor convenient that the judgment be enforced in Nigeria and; (h) for any other sufficient reasons. The discretion of the Judge are frighteningly wide indeed.

– M.D. Muhammad, J.C.A. Shona-Jason v Omega Air (2005) – CA/L/418/2000

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FOREIGN DECISIONS ARE ONLY OF PERSUASIVE VALUE

In Olafisoye v. FRN (2004) 4 NWLR (Pt. 864) 580, Niki Tobi JSC (God bless his soul) had emphatically held inter alia thus: Decisions of Foreign Countries are merely of persuasive authority. This Court will certainly allow itself to be persuaded in appropriate cases but this Court will not stray away from its course of interpreting the Nigerian Constitution by resorting to foreign decisions which were decided strictly in the context of their Constitution and which are not similar to ours. See also Okon v. The State (1988) 1 NWLR (Pt. 69) 172 @ p. 180, where Nnemeka-Agu, JSC had stated inter alia thus: ”It is well to remember not only that a foreign decision should at best be of persuasive authority in a Nigerian Court but also that before it can even qualify as such, the legislation, substantive or adjectival, upon which it was based must be in pari materia with our own. It is dangerous to follow a foreign decision simply because its wording approximates to our own. Nigerian Courts are obliged to give Nigerian Legislation its natural and ordinary meaning, taking into account our own sociological circumstances as well as other factors which form the background of our Local Legislation in question. A Copy-Cat transportation of an English decision may in some circumstance turn out to be inimical to justice in our own Courts. See also Adetoun Oladeji (Nig) Ltd v. Nigerian Breweries PLC (2007) LPELR 160 (SC) Dada v. The State (1977) NCLR 135; Eliochin Nig. Ltd. v. Mbadiwe (1986) 1 NWLR (Pt. 14) 47; Nigerian National Supply Co. Ltd v. Alhaji Hamajode Sabana Co. Ltd (No 3) (1988) 2 NWLR (Pt. 74) 23: Senator Adesanya v. President of the Federal Republic of Nigeria (1981) 5 SC 112; Yahaya v. State (2002) 3 NWLR (Pt. 754) 289.

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REGISTERING COURT CANNOT SIT AS APPELLATE COURT OVER JUDGEMENT SOUGHT TO BE REGISTERED

The law is that it is not the duty of the registering Court to sit on appeal over the decision of the original Court that delivered the Judgment sought to be registered. My view above is fortified by the decision of the Supreme Court in the case of:- – Witt & Busch Ltd. v. Dale Power Systems Plc (2007) 17 NWLR part 1062 Page 1 at 23 – 24 Paragraphs G – A; where it was held as follows:- “I entirely agree with the statement of the laws as declared in the lead judgment particularly on the point that section 3 (1) of the Reciprocal Enforcement of Judgment Ordinance was applicable to the case. I will also add that it is not the duty of the Court entertaining application for the registration of a foreign judgment to sit as an appellate Court over the foreign judgment. The Respondent to the judgment sought to be registered is expected to have exercised its right of appeal under the laws of the foreign country. All that the Court to which the application is made needs to do is to ensure that the Appellant complies with the requirements of our laws on registration of foreign judgment. I believe that requirement has been met.”

— J.O. Bada, JCA. Conoil v Vitol (2011) – CA/A/213/2010

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