By Gloria Ekong
A Bill seeking to preserve the sanctity and authority of the court to effectively and independently discharge its functions and exercise the judicial power under the Constitution and a Bill to amend the Sheriffs and Civil Process Act in order to expedite enforcement of the judgment in garnishee proceedings and allow litigants get benefits of their judgment without delay have scaled through Second Reading in the House of Representatives today.
Member
representing the Etinan/Nsit Ibom/Nsit Ubium Federal Constituency, Hon.
Onofiok Luke while leading the debate on
the Sheriffs and Civil Process ( Amendment) Bill, 2020 charged his Colleagues
to support the Bill to ensure that what
has been a major clog in reaping the fruits of justice is expunged from
the Act.
"In
the legal practice and justice dispensation, one of the major challenges facing
a litigant who has obtained a judgment against an authority, is the requirement
that the consent of the Attorney General of the Federation should be obtained
before the enforcement of such judgment against government institutions"
"After
spending long years in securing justice, litigants are forced by section 84 of
the Principal Act to obtain the consent of the Attorney General before
enforcing judgments against government institutions. There has never been a case
where such consent has been given by the Attorney General. And it is obvious
why such consent will not be given because the Attorney General is part of the
government and it will foolhardy for the Attorney General to give consent
against the government, he is part of" Luke said.
The lawmaker lamented the situation that such has left the litigants with. He said;
"Since consent cannot be obtained, litigants get to be denied the fruits
of their judgment. Courts strike out such enforcement proceedings on the basis
that consent has not been obtained".
Also
Luke led the debate on the Bill for an Act to preserve the sanctity and the authority of the court as a sacred institution in order to effectively discharge
its functions and exercise the judicial powers conferred on it under the Constitution
of the Federal Republic of Nigeria and other statutes; and for other related
matters.
This
Bill is modeled after the Legislative House (Power and Privilege) Act which
preserves the sanctity of the legislature in Nigeria. Luke said the provisions
of the bill will preserve and protect the integrity of the court.
Both
Bills were referred to the relevant committees of the House.
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