The Enforcement of Foreign Money Judgments in Nigeria: A Case of Unnecessary Judicial Pragmatism?

In Nigeria there are two statutes under which a foreign judgment can be enforced by registration following the concept of reciprocity. It is also possible to enforce a foreign judgment at common law in Nigeria without proving reciprocity. One of the two statutes has proved to be controversial because a prerequisite to its application, the issuance of a ministerial order, has not been fulfilled. Nevertheless, the Nigerian Supreme Court has found a way to apply one of the provisions of the statute. This article contends that the decisions of the Supreme Court applying this statute amount to inaccurate interpretation and application of the statute or judicial pragmatism. The article also provides a comparative analysis of the two Nigerian statutes, concluding that the attitude of the Supreme Court to the interpretation of the more controversial statute is unnecessary particularly in light of adequate alternative means of enforcing foreign judgments in Nigeria.