Lawyer Urges Supreme Court To Expedite Hearing In Appeal Against AGF Over Foreign Judgments Act
A legal practitioner, Emmanuel Ekpenyong, has called on the Supreme Court to fast-track the hearing of his appeal against the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN), regarding the operationalisation of the Foreign Judgments (Reciprocal Enforcement) Act, CAP. F35, Laws of the Federation of Nigeria.
Ekpenyong’s appeal, marked SC/CR/92/2024, seeks an order compelling the AGF to issue a directive to activate Part 1 of the Act, which has remained dormant since its enactment in 1960.
Ekpenyong initially approached the Federal High Court in Abuja, where retired Justice Anwuli Chikere ruled that the AGF possesses absolute discretion under Section 3(1) of the Act to promulgate the necessary order. This decision was upheld by the Court of Appeal in case CA/A/132/2020.
Challenging these rulings, Ekpenyong appealed to the Supreme Court. On May 27, 2024, a five-member panel of the apex court, led by Justice Adamu Jauro, granted him leave to proceed with the appeal.
Despite filing his appellant’s brief on October 17, 2024, Ekpenyong noted that over two months had passed without a response from the AGF, whose 30-day window to file a counterargument has lapsed.
On January 17, 2025, Ekpenyong submitted a motion requesting the Supreme Court to set a hearing date for the appeal, relying solely on his arguments. He also urged the court to accelerate the hearing, citing the appeal’s significance to national interests and justice.
Ekpenyong argued that the AGF’s failure to operationalise the Act since its enactment has caused Nigeria and its citizens to miss out on significant economic opportunities.
“The lack of an order under Section 3(1) of the Act has hindered the recognition and enforcement of foreign judgments, costing Nigeria millions of dollars daily in business opportunities and international trade,” he stated.
The appeal seeks to clarify the extent of the AGF’s discretionary powers under the Act and establish a framework for modernizing Nigeria’s legal regime for foreign judgment enforcement.
Ekpenyong emphasized that a Supreme Court decision on this matter would be a landmark ruling, enhancing Nigeria’s legal infrastructure and fostering international business confidence.
“The resolution of this appeal will strengthen Nigeria’s constitutional democracy and improve the legal framework for international trade and commerce,” he added.
The case remains pivotal in addressing longstanding gaps in Nigeria’s legal system regarding foreign judgment enforcement.
