The Supreme Court has ruled that the Attorney-General of the Federation (AGF) must approve any legal action compelling the government or its agencies to pay a judgment debt. In a 4-1 split decision, the court upheld Section 84 of the Sheriff and Civil Process Act, which mandates the AGF’s consent before garnishee proceedings against government establishments can commence.
The case stemmed from an appeal by the Central Bank of Nigeria (CBN) against a N50 million judgment debt awarded to Mr. Inalegwu Ochife in a suit against the Inspector-General of Police (IGP) and others. The Federal High Court had issued a garnishee order directing the CBN to deduct the funds from government accounts, a decision upheld by the appellate court.
However, the Supreme Court overturned this ruling, stating that the IGP and police personnel were wrongly classified as government agencies under the Treasury Single Account (TSA). Justice Habeeb Abiru, delivering the lead judgment, struck out the CBN’s arguments about the AGF’s consent, noting that they were raised improperly at the appellate stage.
The dissenting judge, Justice Helen Ogunwumiju, declared Section 84 unconstitutional, arguing that it undermines the enforcement of court judgments. Despite the dissent, the majority ruling reinforces the AGF’s authority in approving garnishee proceedings against government entities, potentially affecting the enforcement of monetary judgments involving public institutions.
This landmark decision highlights the complexities of enforcing judgments against government agencies and underscores the role of the AGF in such processes.
