Foreign judgments and arbitral awards are enforceable in Nigeria, subject to compliance with statutory requirements and judicial procedures. While domestic judgments are enforceable from the date of delivery, foreign judgments and arbitral awards must first be recognized and enforced by a court in Nigeria before they can be executed. Applications for recognition and enforcement of arbitral awards must generally be brought within three months, unless leave is sought to extend time. Strict adherence to procedural requirements is essential, as non‑compliance may render enforcement invalid.[1]

This article examines the legal framework governing the enforcement of foreign judgments and arbitral awards in Nigeria and highlights the practical challenges encountered in practice.

Methodology for Enforcement of Foreign Judgments in Nigeria

Foreign judgments may be enforced in Nigeria under either the Reciprocal Enforcement of Foreign Judgments Ordinance 1958 or the Foreign Judgments (Reciprocal Enforcement) Act 1961, depending on the originating country. Enforcement is typically initiated by an application for registration of the foreign judgment, supported by an affidavit and relevant documentary evidence. Once registered, the judgment may be enforced in the same manner as a domestic judgment.[2]

In Halaoui v. Grosvernor Casinos Limited[3],  the Court of Appeal emphasized that enforcement of foreign judgments in Nigeria is governed strictly by statute, rendering the common law and the Evidence Act inapplicable where the relevant legislation applies.

Conditions for Enforceability

For a foreign judgment to be enforceable in Nigeria, it must satisfy the following requirements:

a)    It must have been delivered by a superior court of record[4]

b)    It must be final, conclusive and certain[5]

c)    The Judgment debtor must have been given adequate notice and an opportunity to be heard.[6]

d)    The Judgment must be registered within six years of its delivery[7]

e)     It must be a monetary judgment, excluding taxes, fines or penalties[8].

f)      It must not have been obtained by fraud or be contrary to public policy[9]

g)    The Judgment must have been delivered by a court of competent jurisdiction[10]

PRACTICAL CHALLENGES IN ENFORCING FOREIGN JUDGMENTS IN NIGERIA

Despite clear statutory provisions, enforcement of foreign judgments in Nigeria is often hindered by administrative and practical difficulties. A major challenge is the delay in obtaining Certified True Copies of judgments, which are required before execution can commence. In practice, obtaining these documents may take several months, thereby delaying enforcement.

Enforcement is also associated with high costs, including court fees, logistics, and expenses demanded by sheriffs and law enforcement officers. In some cases, these costs are high and arbitrary, particularly where high‑value judgments are involved.

Additionally, judgment debtors frequently frustrate enforcement by refusing to comply with court orders, necessitating garnishee proceedings. Banks may further complicate enforcement by failing or refusing to disclose funds in their possession, thereby undermining the effectiveness of garnishee proceedings

RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN NIGERIA

Arbitral awards are generally regarded as final and binding on the parties and are enforceable as judgments of the court upon recognition. Nigerian courts have consistently demonstrated a pro‑arbitration stance, emphasizing party autonomy and minimal judicial interference.

In Mekwunye
v.
Imoukhuede,[11] the Supreme Court affirmed that courts should uphold and enforce arbitral awards where parties have voluntarily submitted their disputes to arbitration.

ENFORCEMENT UNDER THE FOREIGN JUDGMENT (RECIPROCAL ENFORCEMENT) ACT 1961 AND RECIPROCAL ENFORCEMENT OF FOREIGN JUDGMENT ORDINANCE 1958

Foreign arbitral awards may be enforced under the Foreign Judgments (Reciprocal Enforcement) Act 1961 or the Reciprocal Enforcement of Foreign Judgments Ordinance 1958, provided the award has been converted into a judgment in the originating jurisdiction

The Court of Appeal in Tulip (Nig.) Ltd. V. Noleggioe Transport Maritime S.A.S[12],
clarified that an arbitral award must first be recognized and enforced as a judgment in the foreign country before it can benefit from the reciprocal enforcement regime in Nigeria.

ENFORCEMENT UNDER THE ARBITRATION AND MEDIATION ACT, 2023

The Arbitration and Mediation Act (“AMA”), 2023, represents a significant advancement in Nigerian arbitration law.[13]Section 57 provides that arbitral awards, irrespective of the country in which they are made, shall be recognized as binding and enforceable upon application to the court. This provision aligns Nigerian law with international best practices and the New York Convention.

Section 58 limits the grounds upon which Nigerian courts may refuse recognition or enforcement of foreign awards, reinforcing the principle of finality. Section 60 further confirms the applicability of the New York Convention, subject to compliance with the Act.[14]

CHALLENGES FOR ENFORCEMENT OF FOREIGN AWARDS IN NIGERIA

One of the recurring challenges in arbitration practice in Nigeria is the drafting of defective arbitration clauses.[15] Poorly drafted clauses often undermine the effectiveness of arbitration and lead to jurisdictional disputes. This underscores the need for skilled practitioners and specialized training in arbitration drafting.

Delay tactics, including frivolous preliminary objections and frequent changes of arbitrators, are also commonly employed to frustrate proceedings. While the law provides mechanisms to address such conduct, stronger judicial intervention and cost sanctions are required to deter abuse.

Furthermore, dissatisfied parties often exploit appellate processes to delay enforcement by filing multiple applications to set aside or appeal recognition orders. Prolonged litigation in cases such as City Engineering (Nig.) Ltd v. FHA[16] and Sifax (Nig.) Ltd v. Migfo (Nig.)Ltd[17] illustrates the need for legislative reform to limit excessive appeals and promote finality.

CONCLUSION

The effective enforcement of foreign judgments and arbitral awards is essential to maintaining confidence in Nigeria’s judicial and dispute resolution systems. While the legal framework is largely adequate, practical and procedural challenges continue to impede seamless enforcement.

Given Nigeria’s growing role in international commerce and investment, arbitration and other alternative dispute resolution mechanisms are increasingly indispensable. Strengthening enforcement processes, improving judicial efficiency, and promoting professional competence in arbitration practice will enhance Nigeria’s attractiveness as a dispute resolution hub and contribute to broader economic development.

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[1] Olakunle, O.J.O & Ayodele Ajomo M, (1999). Law and Practice of Arbitration and Conciliation in Nigeria, (Mbeyi & Associates Nigeria Ltd Publication)

[2] Idornighie, P. (2014). Commercial Arbitration Law and Practice in Nigeria‟ (Law Lords Publication, 2015, Abuja, Nigeria)

[3] (2002) 17 NWLR (Pt. 795) 28

[4] Section 3(2) of the 2004 Act.

[5] Section 3(2)(a) of the Act

[6] Section 6(1) (a)(iii) of the Act

[7] Section 4(1) of the Act

[8] Section 3(2)(b) of the Act

[9] Section 6(1)(a)(iv-v) of the Act

[10] Section 6(2)(a) & (b) of the Act

[11] (2019)13 NWLR (PT.1690)Page 439 at P.501

[12] https://www.newyorkconvention.org/media/uploads/pdf/4/6/4617_nigeria-6-tulip.pdf (accessed on February 9, 2026)

[13] Harrison Ogalagu & Nnamdi Ezekwem, “The Nigerian Arbitration And Mediation Act, 2023- The Dawn of a New Era for Arbitration And Mediation Practices in Nigeria, accessed on February 10, 2024.

[14] The Convention was domesticated into the Nigerian law by section 60 and the Second Schedule to the AMA 2023.

[15] Chukwudi, G. N. & Emenogha, C. A. (2016). Review on: Obstacles Facing International Commercial Arbitration‟ July 2015, vol 7(3),

[16] (1997) 9 NWLR (Pt.520)224

[17] (2018) 9 NWLR (Pt. 1623)138

Written by Olufe Popoola for The Trusted Advisors

Email us: info@trustedadvisorslaw.com

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