GARNISHEE PROCEEDINGS: A CRITICAL ANALYSIS OF THE LAW AND PRACTICE IN NIGERIA, UK, & U.S

Abstract

Garnishee Proceedings is a means of enforcement of money judgment which involves two stages, namely - order nisi and order absolute. The parties involved are the judgment creditor, the garnishee, and the judgment debtor.

There are issues that may arise in a garnishee proceeding, such as jurisdiction, attachable funds, service, proper parties, and the Attorney General's consent which are examined here. This paper provides an overview of the Law and Practice in Nigeria. The paper also has a comparative analysis of the law and practice in UK and US. Also considered and referenced are the different methods of judgment enforcement (viz: Writ of fifa; Charging Order; Sequestration; and Judgment Summons); Forms 48 and 49; the Supreme Court decision in CBN v. Interstella alongside other Court of Appeal decisions (such as: CBN v. Njemanze; CBN v. Hydro Air Pty Ltd; Ibrahim v. JSC et al) on section 84 of the Sheriffs and Civil Process Act and the controversy about who is a public officer?; Interim and Final Third-Party Debt Orders (TPDOs); The attachment of cryptocurrency via TPDOs in the Ion's case in UK; Garnishment under Title 18 USC 3205; and the P&ID v. Nigeria saga. The paper concludes with recommendations regarding the regime of garnishee proceedings in Nigeria and suggestions for statutory amendments and best practices.

The paper is suffused and laced with many references and a bibliography that would aid further research on the subject matter in form of case law, articles, and books. The paper has since been expanded into a Law Textbook published in February 2023.

Keywords: Garnishee Proceedings, Garnishee, Judgment Debtor, Judgment Creditor, Order Nisi, Order Absolute, Wage Garnishment, Third Party Debt Orders.