IIARD International Institute of Academic Research and Development

JOURNAL OF LAW AND GLOBAL POLICY (JLGP )

E-ISSN 2579-051X
P-ISSN 2695-2424
VOL. 10 NO. 2 2025
DOI: 10.56201/JLGP.vol.10.no2.2025.pg1.8

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Garnishee Proceedings/Order: A Guide to the Operation of the Nigeria Police Force for Better Law Enforcement in Nigeria

Barr SANI Salisu, PhD

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Abstract

In a democratic society where the philosophy of rule of law flourish, all citizens and institutions alike within such a country must be accountable and responsible at the event of any breach to the fundamental rights of any innocent citizen in account of their erroneous omission or commission. Actions such as unlawful arrest, detention and extrajudicial killings among others, are not only condemnable, reprehensible but also actionable against the culprit(s) and upon successful proven of same, it could warrant to conviction, awards of damages, and public apology as the case may be. Thus, members of the Nigeria Police Force and indeed all other security agencies needs to be guided by the numerous legal framework and rules of engagement in discharging their statutory responsibilities to avoid unnecessary litigation. Accordingly, where there is any valid court judgment in relation to enforcement of fundamental rights, and the judgment debtor fails to comply with the court order, the court is at liberty when moved by the judgment creditor to use the available power at its disposal to ensure the enforcement of its judgment against the judgment debtor.

keywords:

Unlawful Arrest, Detention, Extrajudicial Killing(s), Garnishee Proceedings/Order

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References:

1 Constitution of the Federal Republic of Nigeria (1999), as amended.
2 The Nigeria Police Act, 2020.
3
Ibid
4
Ibid.
5
(2001) (PT. 708) at 185.
6
(1989) 5 NWLR Pt. 120, P. 130 CA
7
CFRN, (1999) as amended, S.35 (1).
8 CFRN (1999) as amended.
9
Ibid.
10 (OW 337 of 2014) [2016] NGCA 90 (23 March 2016).
11 (2012) LPELR - 8000 (CA).
12 (2015) LPELR - 24482 CA,
13 Law Insider Online Dictionary, accessed at < https://www.lawinsider.com/dictionary/extrajudicial-killing>, visited
on the 16th Dec, 2022.
14 Ibid.
15
CFRN (1999) as amended.
16
BBC News, ‘Apo Six murders: Nigeria Sentences Two Policemen to death’, 9 March 2017, accessed at
, visited on the 16th Dec, 2022
17 Ibid.
18
Sheriff and Civil Processes Act, LFN, (SCPA) (2004).
19 K. EzenwaIzimah, ‘Garnishee Proceedings and Enforcement of Judgment debts in Nigeria’ Nigeria
Lawyers(2018;)accessed at visited on the 12th Dec, 2022.
20 (2023) 4 NWLR (Pt. 1874) SC 323 at pp. 340-341
21
SCPA, S. 83.
22
Ibid, S. 85
23
Ibid, S. 109.
24 Civil Procedure Rules 25 (1) of 1998.
25
SCPA, S.84
26
(2019) 10 NWLR (Pt. 1679) 75,
27 OSBORN`S Concise Law Dictionary, Ninth Edition, P. 191.
28 Ibid.
29 (2001) 6 NWLR (Pt. 708) p. 115 at p. 123.
30
Cap 359, LFN, 1990.
31
(1994) 6 NWLR (Pt.351) 475

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