This dissertation titled “The Enforcement of Court Judgments and Orders in the High Court of the Federal Capital Territory, Abuja, Procedure and Challenges.” The area of interest is the enforcement of judgments and court orders in the Federal Capital Territory, Abuja. It is an established fact that, the High Court of the Federal Capital Territory established an enforcement unit which is now a Department mainly for the enforcement of court judgments and orders. This, give rise to complete and successful enforcement in the Territory. The centralization of the enforcement Department for the enforcement of all judgments and orders of the High Court Federal Capital Territory should be considered in order to obtain an easy and cheap enforcement for the judgment creditors. The problem perceived in this research includes; a) Centralization of the enforcement department at Maitama, which is the main Headquarters of the High Court of the Federal Capital Territory, Abuja. b) Unnecessary delay due to complex bureaucratic procedure. c) High cost of enforcement due to lack of adequate facilities like mobility for the enforcement officers, crane, toying van and truck for the conveyance of attached properties to the warehouse. d) Corruption by the enforcement officers and improper advice by lawyers to their clients (judgment debtor). e) High risk of life is involved. f) lesser punishment provided by law for obstructing court judgments and orders (fine of not more than 100 naira). g) Non publication for sale of attached property and sale to the highest bidder. The objective of this work is to examine the challenges associated with enforcement of judgments and court orders in the Federal Capital Territory, Abuja, to point out the reasons behind the non enforceability of some judgments and court orders and the way out, and to analyze the procedures for the enforcement of judgments and orders, in the High Court of the Federal Capital Territory, Abuja and challenges. The research methodology adopted in this research is the doctrinal method also known as library oriented research wherein recourse are made to statutes, case law, conventions, textbooks, journals, literature, e.t.c. Teleological research is also adopted due to work experience. Findings, however, revealed that, the major challenges associated with enforcement of judgment and court orders in the High Court of Abuja: a) the centralization of the enforcement Department at the main Headquarter, Maitama, Abuja. b) unnecessary delay that gives room for the judgments debtor to frustrate the enforcement by filing motion for stay of execution, interpleader summons or go on appeal. c) lesser punishment provided by law for obstructing court judgments and orders. d) Inadequate facilities. e) corruption by enforcement officers and lawyers. f) High risk of life. g) Non publication of the sale of attached property and sale to the highest bidder. It is recommended that; a) the enforcement Department should be decentralized. b) Judgments and court orders should be speedily enforced without any delay. c) The provision of the Act that provide punishment for obstructing court judgments and order should be amended. d) There should be provision for adequate facilities to carry out the enforcement. e) Provision for training for the enforcement officers by the High Court and lawyers by the Nigerian Bar Association (NBA). f) Insurance should be provided for the enforcement officers because of the high risks of life involve. g) Sale of attached property should be publicized and to the highest bidder.

CHAPTER ONE: INTRODUCTION

1.1       Background to the Study
The main purpose of adjudication is the pursuit of justice. This entails the resolution or determination of disputes between the parties by the court which has been vested with judicial powers to determine the dispute. In A.G of Oyo State v. Fair Lakes Hotel Ltd,1 The Supreme Court defined judgment as “The sentenced of law pronounced by the court upon the matter contained in the order”. Once court determines any dispute, it becomes authentic official judicial decision, binding on all partiers before the court.
Enforcement is the last stage of the judicial process after the legal right, claim or interest has ended in a judgment or order which remains to be enforced. It is the process whereby a judgment or order of court is enforced or to which it has made effective according to law.2 Most judgment requires compliances with their terms. It is only in the case of a declaratory judgment which merely declares what the right of a party is, without imposing any sanction on a defendant or directing either of the parties to do anything that execution is not called for or levied.3 Execution will be totally unnecessary where there is voluntary compliance with the judgment or order of  the court.
It is trite that, every successful litigant is entitled to the fruit of his judgment. Therefore, the overriding function of judicial process of enforcement is to enable the judgment creditor (the person in whose favor judgment or order was made) reap the fruit of his judgment with a view to obtaining for his satisfaction, compensation, restitution, performance or compliance with what the court has granted by way of remedy or relief. The process of enforcement is broadly referred to as execution. Lord Denning aptly summarized the process, that:
Execution simply means the process for enforcing or giving effect to the judgment of the court. In case when execution was had by means of common law writ, such as FieriFecias. It was legal execution when it was had by means of an equitable remedy, such as the appointment of a Receiver, then it was equitable execution because it was the process for enforcing or giving effect to the judgment of the court.4
The court will not take, in ordinary civil matters, any steps in the enforcement of its judgment. The process of enforcement is at the initiatives of successful party, to take appropriate steps to enforce his judgment or order against the judgment debtor (the person against whom judgment or order was made). In order to promote the rule of law, every judgment of the court must be obeyed until it is set aside or declared a nullity.5 Where judgment of the court is not obeyed, the court that gave the judgment retains the jurisdiction to invoke its coercive powers to give effect to the judgment by ensuring that the party in whose favor the judgment was given has the benefits of the decision.6For the purpose of enforcing court judgment and order, there are the following officers; the Sheriff, the Deputy Sheriff (herein referred to, as the Chief Registrar), the Bailiff who serve the writ and perform other duties given to him by the Deputy Sheriff and the police officers for security to the enforcement officers.
These study will examine the enforcement and execution of judgments and court orders in the High Court of the Federal Capital Territory, Abuja (herein as F.C.T High court, Abuja): procedure and challenges. In order to achieve the primary purpose of this study the research will also examine the procedures and measures adopted by the Abuja High Court to ensure a successful enforcement of court judgments and orders in the territory.

1.2       Statement of  the Problem

The question here is whether the establishment of Enforcement Department has any effect in the successful enforcement of court judgments and orders, in the High Court of the Federal Capital Territory, Abuja. The problem of enforcement of judgment and court order in the legal profession is that, some people thought, it can never be brought into reality. But, with the methods and procedure laid down by the Sheriffs and Civil Process Act and Judgment Enforcement Rules, and with the establishments of the Enforcement Department in the High Court of the Federal Capital Territory (F.C.T. High Court) Abuja, despite the difficulties facing the enforcement of judgment, most judgments and court orders, are successfully enforced by the High Court of the Federal Capital Territory, Abuja.
Prior to the establishment of Enforcement Department in the High Court of the Federal Capital Territory Abuja, enforcement of judgment and court order were sabotage and enforced by incompetent Registrars and bailiffs of the court that gave the judgment. The Registrars and bailiffs, sometimes connived with the judgment debtor (person against whom judgment was given) to delay and frustrate the judgment granted in favor of the judgment creditor.7 The judgment debtor may apply for motion for stay of execution that will automatically suspend the enforcement until after the determination of the motion for the stay of the execution. This application gives room for the judgment debtor to hide or move his property out of jurisdiction, and prevent the judgment creditor from attaching the property of the judgment debtor and realization of the judgment sum. The procedure laid down by the Sheriffs and Civil Process Act, are not fully followed. Most court judgment and order are either unsuccessfully or partly enforced. The provision of lesser punishment by the Judgment (Enforcement) Rules, that any bailiff who fails to comply with the provisions of the Rules, shall be liable to a fine of 100 naira or imprisonment for three month or both do not make any impact on any bailiff or registrar that obstruct the process of enforcement.8
With the establishment of the centralized Enforcement unit now, the Enforcement Department in 2010, in the High Court of the Federal Capital Territory, main headquarter, Maitama, Abuja, for the enforcement of all High Court judgment and order, enforcement of court judgments are carried out by trained bailiffs and police officers stationed by the court. The procedure laid down by the Sheriffs and Civil Process Act are fully complied with. Centralization of the Enforcement Department makes enforcement of High Courts that are outside the city of Abuja (Karu, Kuje, Gwagwalada, Abaji, Kwali, Zuba, and Bwari), more difficult and expensive due to far distance of the court and the Enforcement Department at Maitama. The provision laid down by the Rules, is that, the judgment creditor bears the cost and expenses for enforcement, the cost can be over and above the sum in the judgment,9 The judgment creditor finds it difficult and expensive in mobilizing crane and toying van where the attachment involve heavy property (cars or industrial machines) of the judgment debtor.
Also, the mobilization of the Registrar of the court by the judgment creditor in conveying his file for enforcement, to the Deputy Sheriff (the Chief Registrar of the High Court of Federal Capital Territory Abuja).The stress of going to the enforcement Department to make arrangement for enforcement of such judgment, by the judgment creditor is one of the main problem for enforcing Court judgments in the High Court of Federal Capital Territory, Abuja.
Judgment debtor or his counsel who felt aggrieved by the judgment against him, should make an application for motion for stay of execution immediately after judgment.10This suspends the enforcement of the judgment, until after the determination of the application. Some judgment debtors or their counsels (new wig or corporate lawyers), neglect to act immediately in making an application for stay of execution, or may make the application but neglect to serve the Deputy Sheriff or judgment creditor or his counsel. Some neglect to serve the court that issue the writ of attachment were the application is made directly to a higher court or court of appeal.11Sometimes judgment debtors serve their motion for stay of execution after the judgment creditor spent his money in carrying out the enforcement, here, the judgment creditor is put in a position that he cannot get his money back since attachment has already been made and payment to those in charge of moving the attached property to the court ware house has been made by the judgment creditor.
Enforcement of judgment involve risk of life and also the need for the provisions of some utilities (crane, toying van, truck and mobility for the enforcement officers) for cheap and easy conveyance of attached property of the judgment debtor to the warehouse and successful achievement of enforcement of money judgments. Most judgment debtors turn out to be violent when attaching their property, due to, ignorance of the law or improper advice by their counsel to comply with the judgment of the court. Where the judgment is against high dignitaries, Government, or Banks, police and military officers, they use their position and power in the society, to withdraw the securities (police officers) attached to the enforcement Department, leaving the enforcement officers life at risk. Without securities, enforcement of judgment cannot be enforced and must be suspended. Judgment debtors obstruct court judgment because there is no serious punishment provided by law. The punishment provided by law is, fine not exceeding 100 naira12. Some Property attached during enforcement of judgment by writ of attachment, are abandon because there are no buyers to buy them. Some attached property of the judgment debtor are over stayed at the court warehouse because the matter is on appeal, therefore, enforcement is suspended until final determination of the appeal,13 If the appeal is in favor of the judgment creditor, the judgment creditor will not be able to realize his judgment sum when the property is sold because of the depreciation in value of the attached property. If the appeal is in favor of the judgment debtor, the judgment debtor will not be able to get his property in the same position as when it was attached because the property are destroyed by sun and rain. Especially were the property attached are vehicles or industrial machines. The warehouse get congested, putting the enforcement officers in a difficult position to find space for keeping other attached property after enforcement.

1.3       Aim and Objectives of the Study
The aim and objectives of this dissertation is to lay down the existing legal provisions for the enforcement of civil judgments and court orders and to examine the effectiveness and efficiency of the judgment enforcement procedure in the Federal Capital Territory, Abuja with the aim to determining whether the new procedure has brought any improvement to the enforcement of judgment and court order in the Federal Capital Territory. To identify and evaluate the fundamental problems, difficulties and challenges, facing the enforcement of court judgments and orders against the individual, Governments, Banks and high dignitaries and the way out, so that the judiciary will be given its credibility so that people will have hope and confidence on the judiciary.

1.4       Justification of the Study
This study is justified in view of the tremendous difficulties associated with initiation of enforcement of court judgment and court order hence, the need to examine the efficacy of the legislation and institutional frame works. There is need to provide effective methods of reducing, if not completely eliminating hardship to the judgment creditor who is ready to reap the fruit of his judgment after the long litigation he has went through. The study will no doubt be beneficial to judges, government, legislators and to the entire public.

1.5       Scope and Limitations of the Study
The scope of this research work deals essentially with the provisions of our organic law the Constitution of Federal Republic of Nigeria, 1999, the Sheriffs and Civil Process Act and Judgment Enforcement Rules 2004, which have elaborately discussed the enforcement of court judgment and order, Foreign Judgments (Reciprocal Enforcement) Act, 2004,High Court of the Federal Capital Territory Abuja Civil Procedure Rules 2004, among other legislation, as they relate to the subject of enforcement of court judgment and order in Abuja High Court.
However, efforts will be made to examine only the Enforcement of Civil Judgements and Court Orders in the High Court of the Federal Capital Territory. The emphasis here will be on the effects and influence of such development on the Abuja High Court.
An appraisal will also be made on the philosophy of enforcement of court judgment and order with a view to bringing out various perspectives on the concept of enforcement in the society. The research also covers the examination of the concept of enforcement with issues as the procedure, and effects of enforcement in Abuja High court.

1.6       Research Methodology
The research methodology employed in this work is essentially doctrinal and Teleological research. Reliance shall be placed on primary and secondary, legal as well as none, Legal materials and sources from the libraries, research centers, internet and relevant courts. Personal experience of enforcing Civil Judgement and Orders in the High Court of the Federal Capital territory, Abuja will also be very relevant. This Teleological approach is undertaken in order to complement the doctrinal method of research highlighted above.

1.7       Literature Review
The literature consulted includes text books, law reports, documents and commentaries arising there from. Afolayan el (2007)14 in their book attempts some definition of key concept such as judgment, declaratory judgment and executory judgment, judgment creditor and judgment debtor they also went ahead to differentiate between execution and enforcement. The writers while examining enforcement of judgment in their book, only brought out the position of the law in enforcing court judgment, even though enforcement of judgment must be carried out according to the provisions of the Act. The writers did not bring out the practical aspect of enforcing court judgment and order and also the practice direction applied in some state example the FCT High Court which this thesis will dwell in.
This work will attempt to fill the gaps by making reference to the High court Rules of FCT, Abuja and some judicial authorities in the federal capital territory. The writers in their book also mention the methods of executing judgment without fully discussing the practical procedure and processes use in the enforcement of the judgment. The book also lack the position of the law before and the judicial review of the petition Act in executing judgment against the government and foreign judgment, which in these research will be fully discussed.
Nwadialo (2000)15 in his book, discussed the concept, meaning, procedure and the position of the law for the enforcement of money judgment, judgment other than money judgment and enforcement in the division and outside division, within and outside jurisdiction, within and outside Nigeria. But there is need for the whole world to know the procedures apply in the Nigeria?s states especially in the FCT High Court Abuja which this research would dwell in, and also will bring out the problems and difficulties faced in enforcing monetary judgments and enforcement of court judgment and order within and outside Nigeria.
Afe Babalola (2003)16 wrote immensely on the enforcement of judgment, and the etiology and philosophical perspectives on the enforcement of judgment against the government with reference to our present situation. Some cases he made reference to Oyo state, but this research work will go ahead to bring out the procedure applied in the FCT High Court Abuja to show the entire world the realization of enforcement of court judgment, which so many Nigerians are not well aware of Adebayo (2011),17 gave an analysis of enforcement of judgments and court orders in the Nigeria legal system in summary without bringing out laws and procedure, the problems and difficulties facing the enforcement of judgment in Nigeria which is one of the main reasons for this research, especially, when the judgment is against the government or security agent for example, the ministries, police and the military. This research also brings out some gaps in our judicial provisions and also in the Act and Rules and the need for practice direction of some aspect of enforcing court judgment and order.
Efevwerhan (2007),18 gave a brief discussion of enforcement of judgment, by bringing out the mode of enforcement, misconduct of judgment debtor, land judgment, without giving an elaborate procedure for the enforcement of such judgment. He also made mention that, more often than not, judgment debtors do not willingly comply with the terms of judgment, which is very true. But in practice, you find out that there are some judgment debtors who are not aware of the judgment against them, due to failure by their lawyers to notify them, or after knowing the judgment against them, pay the judgment sum to their lawyer for him to remit the sum to the judgment creditor and the lawyer will not do so. This research delves into the problems and difficulties faced by judgment debtors whenever there is judgment against them.
Amadi J. (2014)19 in his book, brings out the position of the law and procedure in enforcing court judgments and order in Nigeria. The basic problems and changes associated with the enforcement of judgments are missing in which this dissertation will fully discuss.
Obi Okoye A. (1983)20 in his essay, write the procedure for enforcement of court judgment but only discuss the common law position on the procedure for the enforcement of court judgments against the Governments but did not mention the provisions of the 1999 Constitution as amended that eliminates the common law position. In this dissertation the constitutional provision will be fully discussed. Also Justice Oludotun A.O.(2013),21 in his book, states only the laws no procedure.
The work of the learned writers are very relevant and useful in the preparation of this research as it touches so many basics points which this research also delves into. Notwithstanding the contribution as made by the aforementioned writers, the proposed research improves on the existing literature and will provide a more up to date analysis and conclusions.

1.8       Organizational Layout
This dissertation deploys the methods and procedure for the enforcement of court judgment in the High court of the Federal capital Territory, Abuja and the problems, challenges and difficulties facing the enforcement of court judgment and order due to lesser punishment provided by the Sherriff and Civil process Act for obstruction of court judgment or order, inadequate facilities and the decentralization of the Enforcement Department. This study also pays closer attention in bringing out the reasons why some judgment debtors or their counsels obstruct court judgment and bring out the solution such problems. The study also contend that Enforcement Department should be established in various axis of the Capital Territory Abuja and the need for other Courts within the states in Nigeria to establish an Enforcement Department for proper and successful enforcement of court judgment and order.
Chapter one focuses on the general background to the study, it also examines the research problem, research objectives, justification and the significance of the study, scope and theoretical foundation of enforcement of judgment and court order. Chapter two analysed the principles of execution of judgment and court order, execution against the Government, functions of the enforcement Department and duties, liabilities and protection of the judgment creditor, Deputy Sherriff and bailiff. Chapter three focuses on the enforcement of money judgment in the High Court of the Federal Capital Territory, Abuja. It also examines the procedure applicable and the difficulties in attaching judgment debtor movable or immovable property and how sale of the attached property is conducted and how proceeds of the sale are disposed and also the procedure of enforcement within and outside jurisdiction and foreign judgment.
Chapter four, brings out the challenges associated with the enforcement of judgments and court orders in the High Court of the Federal Capital Territory, Abuja. Finally, chapter five concludes the research by showing how the difficulties and problems arise and the recommendation made for a successful enforcement of court judgment and order in the Territory.