Supreme Court Upholds AGF’s Consent Requirement For Garnishee Proceedings Against Government Agencies

The Supreme Court of Nigeria has upheld the provision of Section 84 of the Sheriff and Civil Process Act (S&CPA), which mandates obtaining the Attorney General of the Federation’s (AGF) approval before initiating garnishee proceedings to enforce monetary judgments against the government or its agencies.

In a 4-1 majority ruling, the apex court declined to review the constitutionality of the provision, despite a dissenting judgment that declared it unconstitutional.

The ruling stemmed from an appeal (SC/CV/268/2021) filed by the Central Bank of Nigeria (CBN) challenging a December 4, 2020 judgment by the Court of Appeal, Abuja, which had upheld an earlier Federal High Court ruling ordering the CBN to pay ₦50 million in damages as part of a garnishee order absolute.

Justice Habeeb Abiru, in the lead majority judgment, ruled that the CBN could not raise the issue of AGF’s consent for the first time at the Court of Appeal, as it had failed to challenge it at the trial court.

The court struck out CBN’s arguments related to the AGF’s consent but set aside the Court of Appeal’s judgment, ruling that it wrongly classified the Inspector General of Police (IGP) and police personnel as government agencies with funds in the Treasury Single Account (TSA) managed by the CBN.

However, Justice Helen Ogunwumiju, in her dissenting judgment, held that Section 84 of the S&CPA was unconstitutional, as it subjected court judgments to the discretionary approval of the AGF, thereby undermining judicial independence.

She argued that the provision contradicted Section 287 of the Constitution, which mandates the enforcement of court judgments without interference from the executive arm of government.

Case Timeline
October 10, 2018 – Federal High Court, Abuja, awarded ₦50 million in damages to a claimant, Inalegwu Ochife, against the IGP, FCT Commissioner of Police, and SARS Intelligence Response Team.
December 10, 2018 – A garnishee order nisi directed the CBN to deduct the judgment debt from the agencies’ TSA accounts.
January 21, 2019 – Despite CBN’s objection, the Federal High Court issued a garnishee order absolute.
December 4, 2020 – Court of Appeal dismissed CBN’s appeal, affirming that the judgment debtors’ funds were under the TSA.
January 24, 2025 – Supreme Court delivered its final ruling, upholding the AGF’s consent requirement but setting aside the Court of Appeal’s ruling on TSA accounts.

This landmark ruling reinforces government control over garnishee proceedings, ensuring that AGF approval remains a prerequisite for enforcing monetary judgments against public institutions.