Sheriffs, Civil Process Act scales second reading at Senate

The Nigerian Senate on Thursday took a significant step toward overhauling the nation’s civil justice framework as it passed for second reading a bill seeking to amend the Sheriffs and Civil Process Act, a colonial-era law enacted in 1945, to reflect the demands of the digital age and strengthen enforcement of court judgments.

The proposed legislation, titled; A Bill for an Act to Amend the Sheriffs and Civil Process Act to make Provision for Appointment and Duties of Sheriffs, Enforcement of Judgments, Electronic Service of Process and Execution of Civil Process of Courts in Nigeria; and for Related Matters, 2025 (SB. 432), was sponsored by Senator Idiat Oluranti Adebule (Lagos West).

The amendment seeks to modernise the administration of civil justice by introducing electronic service of court processes, streamlining enforcement procedures, and addressing long-standing challenges that hinder judgment creditors from reaping the fruits of judicial decisions—particularly in cases involving government agencies.

Leading debate on the bill, Senator Adebule said the existing Sheriffs and Civil Process Act, which has remained largely unamended since 1945, has become “manifestly outdated and disconnected from the realities of today’s judicial and technological environment.”
“Mr. President, distinguished colleagues, this law was enacted nearly eight decades ago. It still prescribes manual service of court processes and personal delivery of documents, even in an era of digitalisation and globalisation,” she said.

Adebule argued that despite Nigerian courts introducing administrative innovations such as virtual hearings and electronic filing, the lack of legislative backing for such practices creates legal uncertainty and slows justice delivery.
She explained that the amendment bill seeks to grant statutory legitimacy to digital processes, ensuring that judgments are effectively enforced and that judicial orders command respect.

The Lagos West senator further identified a major flaw in the existing Act: the requirement that judgment creditors must obtain the consent of the Attorney-General before enforcing any judgment against a public institution or government agency.
“This provision, a relic of colonial administration, has become a major impediment to justice,” she said.

“Government agencies routinely ignore judgments because enforcement depends on the discretionary consent of the Attorney-General. Many citizens simply abandon their legitimate claims out of frustration.”
Adebule described the situation as “a violation of the fundamental right to an effective remedy” guaranteed under the Universal Declaration of Human Rights, stressing that no government committed to the rule of law should allow its agencies to disregard judicial authority with impunity.

She maintained that the bill would “restore public confidence in the justice system, promote accountability in governance, and safeguard Nigeria’s image as a democratic state under the rule of law.”

Seconding the motion, Senator Kaka Shehu Lawan (Borno Central) praised Adebule for sponsoring what he called “a bold and necessary reform,” emphasising that modernising the Act was essential to bringing justice closer to the people.
“The 1945 Act reflected the realities of that time. Today, we live in a digital society. It is only right that our laws evolve accordingly,” Lawan said.

Also lending his voice, Senator Adeniyi Ayodele, Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, commended the bill’s focus on removing obsolete legal barriers and making court orders more enforceable.

He described the existing provision requiring the Attorney-General’s consent for judgment enforcement as “a colonial safeguard designed to protect the British administration of that era” but which now “works against justice and frustrates citizens.”
“Once government loses in court, officials often frustrate enforcement by simply refusing to give consent,” he said. “That defeats the very essence of justice.”

He further noted that several fines and administrative penalties prescribed in the current law are “ridiculously outdated,” creating room for corruption and abuse as litigants often have to bear extra costs to facilitate enforcement.
Contributing, Senator Mohammed Bashir Munguno (Borno South) stressed that laws must evolve in tandem with social, technological, and economic change. Quoting the late Supreme Court Justice Udo Udoma, he said.

“Laws are organic documents that must grow with society. What this bill seeks to do is to bring the Sheriffs and Civil Process Act in consonance with modern realities of technology and governance.”

Munguno described the bill as “both apt and germane,” particularly in addressing delays and bottlenecks in enforcing judgments against public agencies.

After extensive deliberation, the deputy Senate President, Barau Jibrin, who presided, put the motion to a voice vote, and the bill was unanimously approved for second reading.
The bill was thereafter referred to the Senate Committee on Judiciary, Human Rights and Legal Matters for further legislative scrutiny and report within four weeks.

In his closing remarks, Jibrin commended Senator Adebule for “a well-researched and forward-looking intervention that speaks to the heart of judicial reform,” urging the committee to expedite work to ensure that “Nigeria’s justice system reflects the realities of the 21st century.”

The proposed amendments introduce electronic service of court processes and judgments to replace the exclusive reliance on manual delivery, while providing a clearer definition of sheriffs’ duties to ensure accountability in the execution of court orders.

The bill also streamlines enforcement mechanisms for civil judgments, particularly those involving public institutions, and abolishes the requirement for mandatory Attorney-General’s consent before executing judgments against government agencies. Additionally, it updates administrative fines and penalties to reflect current economic conditions, modernising the legal framework for more efficient and equitable judicial processes.

The passage of the bill at second reading marks a major milestone in the Senate’s ongoing effort to modernise Nigeria’s legal architecture, enhance citizens’ access to justice, and strengthen the rule of law in the digital age.

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