Enforcement of Foreign Judgments in Nigeria: Navigating Jurisdictional Obstacles for MNE Employees

Strategic Insights -

In multinational enterprises (MNEs), foreign subsidiaries often operate under flexible labour standards, enhancing competitiveness and supporting growth. However, concerns arise regarding MNEs limiting wages and benefits, lower safety standards, and undermining basic labour rights. In Nigeria, the National Industrial Court (NICN) protects MNE employees' rights, alongside International Framework Agreements (IFAs) and labour rights conventions. Effective enforcement of foreign judgments is essential for ensuring these protections, yet challenges persist due to rigid interpretations.

Key Takeaways:

  • The enforcement of foreign judgments in Nigeria is governed by the Reciprocal Enforcement of Foreign Judgments Ordinance (1958 Ordinance), The Foreign Judgements (Reciprocal Enforcement) Act (FJA), The Constitution of the Federal Republic of Nigeria 1999 (as amended), the Sheriffs and Civil Process Act (SCPA), and the Interpretation Act.
  • Procedurally, foreign judgments are enforced through two methods: enforcement through a superior court of record in Nigeria, either by way of an action at common law or by reciprocal enforcement.
  • Under the enforcement of a foreign judgment through an action at common law, a fresh application must accompany the writ of summons with an application for summary judgment or an application to enlist the matter under the undefended list.
  • The Applicant must file an application supported by an affidavit, proof that the judgment is unexecuted, a writ of summons, a certified true copy of the foreign judgment, copies of other relevant exhibits, and a written address satisfying the conditions in Section 3(2) of the FJA.
  • The FJA allows a foreign judgment creditor in Nigeria to apply to a superior court to register a foreign judgment within six years from the judgment date or after the last appeal judgment.
  • Key to this process is the principle of reciprocity, which requires the foreign court to enforce Nigerian judgments as well.
  • The enforcement of foreign judgments under the NICN should ordinarily have exclusive jurisdiction for enforcing foreign judgments relating to labour, employment, and industrial relations matters.
  • The Constitution of Nigeria is the supreme law, and its definition of superior courts prevails over that of any other Act including the FJA.
  • The principle of implied amendment applies - when a later Act conflicts with an earlier one, it typically means the earlier Act has been amended.
  • The NICN is empowered to recognize and enforce labour-related foreign judgements, provided the conditions under sections 3 or 4 of the FJA, and Order 47 Rules 28 and 29 of the NICN Rules are satisfied.

Statistics:

  • 2 methods of enforcing foreign judgments in Nigeria: enforcement through a superior court of record in Nigeria, either by way of an action at common law or by reciprocal enforcement.
  • 6 years from the judgment date or after the last appeal judgment for registering a foreign judgment.
  • 2 provisions in the Constitution of Nigeria, 1999 (as amended), which establish the NICN as a superior court of records and outlines the NICN's jurisdiction.
  • 1 way to recognize and enforce labour-related foreign judgments, provided the conditions under sections 3 or 4 of the FJA, and Order 47 Rules 28 and 29 of the NICN Rules are satisfied.

Sources:

  • Reciprocal Enforcement of Foreign Judgments Ordinance (1958 Ordinance)
  • The Foreign Judgements (Reciprocal Enforcement) Act (FJA)
  • The Constitution of the Federal Republic of Nigeria 1999 (as amended)
  • The Sheriffs and Civil Process Act (SCPA)
  • The Interpretation Act
  • Order 47, Rules 28 and 29 of the NICN Rules 2017