Contributor: JEEVAN PAUL
Introduction
The rapid expansion of international trade, foreign direct investment (FDI), and cross-border transactions has led to a marked increase in disputes involving parties across multiple jurisdictions. Nigeria, as one of Africa’s largest economies and a major destination for international business, is inevitably implicated in such disputes. Accordingly, the recognition and enforcement of foreign judgments have assumed a central role within its legal and commercial framework.[1]
Foreign judgments arise where courts in one jurisdiction adjudicate disputes involving parties, assets, or obligations that extend beyond their territorial limits. For such judgments to possess practical utility, they must often be recognised and enforced in another jurisdiction where the judgment debtor resides or maintains assets. In Nigeria, this process is regulated by a combination of statutory provisions and common law principles[2].
Notwithstanding this legal framework, the enforcement of foreign judgments in Nigeria remains fraught with legal uncertainties and procedural complexities. These challenges impact not only litigants but also Nigeria’s standing as a dependable forum for international commerce. This article critically examines the legal regime governing foreign judgments in Nigeria, identifies the principal legal and procedural challenges, and proposes reforms to enhance efficiency, certainty, and predictability.[3]
Conceptual Framework of Foreign Judgments
A foreign judgment is a decision of a court outside Nigeria that a party seeks to enforce in Nigeria. The enforcement process does not entail relitigation of the case on its merits; rather, it involves recognising the judgment as binding and enforceable within the domestic jurisdiction.[4]
The rationale for enforcing foreign judgments is grounded in the principles of comity, reciprocity, and the need for certainty in international transactions. Comity denotes the mutual respect and recognition accorded by sovereign states to each other’s legal systems, while reciprocity ensures that Nigerian judgments are recognised in foreign jurisdictions. Collectively, these principles promote cooperation and stability in international legal relations.[5]
However, enforcement is not automatic. Nigerian courts retain the authority to scrutinise foreign judgments to ensure compliance with established legal standards. This delicate balance between deference to foreign judicial decisions and the protection of domestic legal principles lies at the core of the challenges examined in this article.[6]
Legal Framework Governing Foreign Judgments in Nigeria
Nigeria’s legal regime for the enforcement of foreign judgments comprises statutory provisions and common law principles.[7]
Under the Statutory Regime
Two primary statutes govern the enforcement of foreign judgments in Nigeria:
- The Reciprocal Enforcement of Judgments Ordinance, 1922
The Reciprocal Enforcement of Judgments Ordinance, 1922 (the Ordinance), a colonial-era legislation, provides for the registration and enforcement of judgments from designated jurisdictions, particularly the United Kingdom and certain Commonwealth countries. It establishes a relatively straightforward procedure for registering such judgments within a prescribed timeframe.[8]
- The Foreign Judgments (Reciprocal Enforcement) Act, 1990
The Foreign Judgments (Reciprocal Enforcement) Act, 1990 (the Act), was enacted to modernise the regime and broaden its scope. However, its operation is contingent upon ministerial orders designating the countries to which it applies. In practice, the absence of such orders has significantly limited its effectiveness.
This dual statutory framework has generated uncertainty, as courts have, in certain instances, differed on the applicable law in particular cases.[9]
Under the Common Law Regime
Where statutory provisions are inapplicable, Nigerian courts resort to common law principles. Under this regime, a foreign judgment is enforced by commencing a fresh action before a Nigerian court.
- The claimant must establish that:
- The judgment is final and conclusive.
- The foreign court exercised competent jurisdiction.
- The judgment is for a definite sum of money (in most cases).
- The judgment is not contrary to public policy.
- The proceedings complied with principles of natural justice.
While this approach affords a measure of flexibility, it is often more time-consuming and costly, as it entails instituting a new action.[10]
Legal Challenges in the Enforcement of Foreign Judgments
Uncertainty and Conflict of Laws
One of the most persistent challenges is the uncertainty surrounding the applicable legal framework. The coexistence of the Ordinance and the Act has resulted in conflicting judicial interpretations.
While some courts have held that the Act supersedes the earlier legislation, others maintain that the Ordinance remains operative pending the full implementation of the Act. This divergence has introduced a degree of unpredictability and has complicated legal strategies for litigants.[11]
Reciprocity Requirement
Reciprocity constitutes a central requirement under the statutory regime. However, establishing that a foreign jurisdiction accords reciprocal treatment to Nigerian judgments is often difficult.
In practice, litigants are frequently required to adduce expert evidence on foreign law to prove reciprocity. This requirement increases the cost of enforcement and may, in some instances, discourage litigants from pursuing enforcement, particularly in jurisdictions without formal reciprocal arrangements with Nigeria.[12]
Public Policy Exception
Nigerian courts may refuse to enforce foreign judgments that are contrary to public policy. While this operates as an important safeguard, its scope remains broad and largely dependent on judicial interpretation.
Public policy considerations may arise in instances where:
- the judgment was obtained by fraud;
- the decision is inconsistent with Nigerian constitutional principles; or
- the proceedings violated the principles of natural justice.
The absence of a precise and settled definition of public policy introduces uncertainty, as its application may vary across judicial decisions.[13]
Jurisdictional Issues
A fundamental requirement for enforcement is that the foreign court must have exercised competent jurisdiction. In determining this, Nigerian courts consider whether the defendant:
- was resident in the foreign jurisdiction;
- submitted to the jurisdiction voluntarily; or
- had a sufficient connection to the forum.
Jurisdictional disputes frequently arise in practice, often resulting in delays and protracted litigation.[14]
Procedural Challenges in the Enforcement of Foreign Judgments
Time Limitations
The registration of foreign judgments is subject to strict statutory time limits. Under the Ordinance, such judgments are generally required to be registered within six years, while the Act prescribes shorter timelines in certain instances.
Failure to comply with these statutory limits may render a judgment unenforceable, notwithstanding its substantive validity.[15]
Technical Documentation Requirements
The enforcement process entails compliance with detailed documentary requirements, including the provision of certified true copies of the judgment, proof of its finality, supporting affidavits verifying the judgment, and, where necessary, certified translations.
Any defect, omission, or non-compliance in the documentation may result in the refusal of registration, thereby occasioning further delay.[16]
Judicial Delays and Congestion
The Nigerian judicial system continues to face significant challenges arising from case backlogs and administrative inefficiencies. As a result, enforcement proceedings may extend over several years, thereby undermining the practical utility of obtaining a foreign judgment.[17]
Abuse of Procedural Mechanisms
Judgment debtors frequently utilise procedural mechanisms, such as appeals and applications for stay of execution, to delay enforcement. While these mechanisms serve an essential function in safeguarding procedural fairness, they are, in some instances, deployed tactically to frustrate judgment creditors.[18]
Foreign Judgments vs Arbitral Awards
In light of the challenges associated with enforcing foreign court judgments, many parties increasingly prefer arbitration to resolve international disputes.
Nigeria is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which establishes a streamlined, more effective framework for the recognition and enforcement of arbitral awards. Compared to foreign court judgments, arbitral awards benefit from a more predictable and efficient enforcement regime. Consequently, arbitration has emerged as the preferred dispute resolution mechanism in many international commercial agreements involving Nigerian parties.[19]
Implications for International Trade and Investment
The challenges associated with enforcing foreign judgments carry significant economic implications. Where legal outcomes cannot be readily enforced, Nigeria may be perceived by investors as a high-risk jurisdiction.
Such perceptions may deter foreign investment, increase transaction costs, encourage forum shopping, and ultimately erode confidence in the legal system. Accordingly, strengthening enforcement mechanisms is critical to enhancing Nigeria’s attractiveness and competitiveness in the global economy.[20]
Recommendations for Reform
To improve the enforcement of foreign judgments in Nigeria, greater legislative clarity is needed. This includes the effective operationalisation of the Act through the issuance of the requisite ministerial orders, as well as its harmonisation with the Ordinance.
Procedural reforms aimed at simplifying registration processes and reducing technical barriers would enhance efficiency and minimise delays. In addition, judicial reforms, including specialised training in private international law, are necessary to promote consistency and institutional competence.
Nigeria should also strengthen reciprocity through bilateral and multilateral arrangements, including participation in relevant international instruments such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Finally, the continued promotion of arbitration and alternative dispute resolution mechanisms, including mediation, will provide more efficient and commercially viable avenues for resolving cross-border disputes.[21]
Conclusion
The enforcement of foreign judgments in Nigeria reflects a complex interplay of legal principles and procedural realities. While the existing framework demonstrates a commitment to international cooperation, significant challenges remain. Addressing these challenges requires a coordinated approach encompassing legislative reform, improved judicial efficiency, and enhanced international collaboration.
By strengthening its enforcement regime, Nigeria can further position itself as a credible and attractive destination for international commerce and dispute resolution. Ultimately, an effective system for enforcing foreign judgments is not merely a legal necessity but also a cornerstone of economic development and international integration.[22]
REFERENCE
Cali C Ojimba, ‘Commercial Dispute Resolution in Nigeria and Selected Jurisdiction; Issues and Prospects’ (2024) Unizik Journal of Educational Research and Policy Studies Vol 18 No 2, published 31 January 2025 https://unijerps.org/index.php/unijerps/article/view/855 accessed 13 April 2026
Tiwalade Aderoju, ‘Arbitration-Related Litigation in Nigeria: Recent Judicial Developments and Their Cross-Border Implications’ (29 October 2025) Olympus Solicitors and Advocates https://www.ibanet.org/arbitration-related-litigation-in-nigeria accessed 15 April 2026. ↑Ibukun Enigbokan, Yussuf Akinola Oyebanjo, Temilade Oluwaseun Adepate and Hafeezah Salau, ‘Enforcement of Judgments 2025: Trends and Developments (Nigeria)’ (last updated 5 August 2025) Streamsowers & Köhn https://practiceguides.chambers.com/practice-guides/enforcement-of-judgments-2025/nigeria/trends-and-developments accessed 15 April 2026. Ibid ↑
Chisa Theodora Uba, Isaac Abbot Ogbobula, Michael Akinleye and Patrick Akubude, ‘Making Foreign Judgments Work in Nigeria: What You Must Know’ (5 December 2025) Dentons ACAS-Law https://www.dentonsacaslaw.com/en/insights/articles/2025/december/5/making-foreign-judgments-work-in-nigeria accessed 15 April 2026. ↑
Ekpenyong E, ‘An Appraisal of Challenges of Enforcing Foreign Judgments in Nigeria’ (Global Law Experts, 2020) https://globallawexperts.com/an-appraisal-of-challenges-of-enforcing-foreign-judgments-in-nigeria-2/ accessed 15 April 2026. ↑
Godwin Omoaka, ‘Legal Regime for the Enforcement of Foreign Judgments in Nigeria: An Overview’ (2 December 2004, Templars Law) https://www.templars-law.com/app/uploads/2015/05/Enforcement-of-Foreign-Judg-GOO.pdf accessed 15 April 2026. ↑
Uchenna Ponfa Emelonye and Uchenna Emelonye, ‘Public Policy Exception in the Enforcement of Arbitral Awards in Nigeria’ (Beijing Law Review, Vol 12, No 1, March 2021, pp 266–286) DOI: 10.4236/blr.2021.121016 https://www.scirp.org/journal/paperinformation?paperid=108187 accessed 15 April 2026. ↑
COU Law Journal, ‘Bridging Borders: Issues and Challenges in the Enforcement of Foreign Judgments in Nigeria and Alberta, Canada’ (2023) Vol 8, No 1, https://www.journals.ezenwaohaetorc.org/index.php/coou/article/viewFile/3059/3189 (accessed 15 April 2026). ↑
Global Law Experts, “Common Questions on Registration and Enforcement of Foreign Judgments in Nigeria” (2020) available at: https://globallawexperts.com/common-questions-on-registration-and-enforcement-of-foreign-judgments-in-nigeria/ (accessed 16 April 2026).
Foreign Judgments (Reciprocal Enforcement) Act ↑
Adeola Oyinlade & Co, “How to Ensure the Smooth Recognition and Enforcement of Foreign Judgments in Nigeria” (2025) Mondaq available at: https://www.mondaq.com/nigeria/international-courts-tribunals/1591142/how-to-ensure-the-smooth-recognition-and-enforcement-of-foreign-judgments-in-nigeria (accessed 16 April 2026). ↑
O. M. Atoyebi, SAN and Okosa Chinwendu Marycynthia, “Enforcing Judgments of Foreign Courts in Nigeria: Procedure, Limitations and Prospects” (2025) Omaplex, available at: https://omaplex.com.ng/enforcing-judgments-of-foreign-courts-in-nigeria-procedure-limitations-and-prospects/ (accessed 16 April 2026). Ibid ↑
Tope Adebayo LP, “Challenges of Enforcement of Foreign Arbitral Awards in Nigeria: Addressing the Inconsistencies in the Nigerian Legislations” (2025) available at: https://topeadebayolp.com/wp-content/uploads/2025/03/CHALLENGES-OF-ENFORCEMENT-OF-FOREIGN-ARBITRAL-AWARDS-IN-NIGERIA-ADDRESSING-THE-INCONSISTENCIES-IN-THE-NIGERIAN-LEGISLATIONS-1.pdf (accessed 16 April 2026). ↑
Ekpenyong E Opi.cite pg.4 ↑
Atoyebi and Okosa opi.cite.pg.6 Ibid ↑
