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Introduction
Garnishee proceedings constitute one of the most effective mechanisms for enforcing monetary judgments in Nigeria, it is a post judgment proceeding in nature. For decades, it has stood as one of the most potent tools in the enforcement arsenal of Nigerian judgment creditors. In theory, once a court has spoken, enforcement should be a matter of course. In practice, however, the story has often been different, especially where government funds are involved.
At the centre of this tension lies Section 84 of the Sheriffs and Civil Process Act 2004, a provision that requires the consent of the Attorney-General before funds in the custody of a public officer can be attached. What was designed as a safeguard for public finance has, over time, acquired a more controversial reputation: a procedural shield capable of stalling, and sometimes defeating, the enforcement of valid judgments.
The recent decision of the Supreme Court in CBN v Lidan Engineering Ltd & 6 Ors marks a decisive moment in this long-standing debate. It does not merely interpret Section 84 of the SCPA but recalibrates its practical reach.
