Senate moves to scrap 1945 attorney-general consent requirement in judgment enforcement

The senate on Thursday approved the second reading of a bill to amend the Sheriffs and Civil Process Act, aiming to remove the requirement for attorney-general consent before enforcing monetary judgements against government agencies.

Idiat Adebule, senator representing Lagos west, who led the debate on the bill, said the 1945 law was “manifestly outdated and fundamentally disconnected from present realities”.

The lawmaker noted that the law still mandates personal hand delivery of court documents and provides a monthly allowance of 45 kobo for debtors.

She explained that the amendment would embrace digital service of process, streamline judgement enforcement, and align the law with modern judicial and economic realities.

“The current requirement for attorney-general consent before enforcing monetary judgements against government agencies has become an impediment to justice and a violation of fundamental rights,” Adebule said.

Kaka Shehu, the senator representing Borno central and a senior advocate of Nigeria (SAN), expressed support for the bill, noting that it would “bring justice closer to the people and make enforcement of judgements less cumbersome”.

Adeniyi Adegbonmire, senator representing Ondo central and chairman of the senate committee on judiciary, described the attorney-general consent provision as “a law from colonial times” and criticised outdated fines and administrative costs that encourage corruption.

Tahir Monguno, senator representing Borno central and former attorney-general of the state, said laws must be dynamic to reflect societal changes.

Deputy Senate President Barau Jibrin, who presided over the session, put the bill to a voice vote and confirmed that the ‘ayes’ had it.

He referred the bill to the committee on judiciary, human rights and legal matters to report back within four weeks.

“The world is changing. The world is dynamic, and so also are all aspects of our lives, so I am swayed by the argument,” Barau said while thanking Adebule for sponsoring the bill.