If you’ve read our guide on enforcing a judgment in Nigeria, you’ll know that a Writ of Fieri Facias — seizing and selling a debtor’s physical property — isn’t always the fastest or most reliable route. When you know the judgment debtor has money sitting in a bank account, garnishee proceedings are usually the sharper tool. Here’s how they work, and where they tend to go wrong.
What Is a Garnishee Proceeding?
A garnishee proceeding is a method of enforcing a money judgment by attaching funds that belong to the judgment debtor but are held by a third party — almost always a bank. That third party is called the “garnishee.” Instead of chasing the debtor directly, the judgment creditor goes after money the debtor already has sitting with someone else.
The process is described by the courts as sui generis — in a class of its own — because although it flows from the original judgment, it’s a fresh, standalone proceeding with its own parties, its own rules of service, and its own possible appeal. It is governed by sections 83 to 92 of the Sheriffs and Civil Process Act, along with the Judgments (Enforcement) Rules.
The Two Stages: Order Nisi, Then Order Absolute
Garnishee proceedings always happen in two stages.
Stage 1 — Garnishee Order Nisi. The judgment creditor applies to the court, usually by an ex parte application (meaning the debtor doesn’t need to be present at this point), asking the court to freeze the specific funds held by the garnishee on the debtor’s behalf. If the court is satisfied, it grants an order nisi — a provisional order directing the garnishee not to release the money, and to appear in court on a fixed date to explain why the order shouldn’t be made final.
Stage 2 — Garnishee Order Absolute. On the return date, the garnishee has a choice: pay the money into court, dispute that the debt is actually owed to the judgment debtor, or simply fail to show up. If the garnishee doesn’t put forward a credible reason not to pay, the court makes the order absolute — at which point the garnishee is legally bound to pay the judgment creditor directly.
Step-by-Step: How to Bring a Garnishee Application
- Confirm you have a final money judgment. Garnishee proceedings only work for judgments requiring payment of a specific sum — not for orders of possession, injunctions, or other non-money reliefs.
- Identify the garnishee and the account. You need to know, or have strong reason to believe, which bank holds funds belonging to the debtor. Vague suspicion isn’t enough — courts expect some basis for the application.
- File the ex parte application for a garnishee order nisi, supported by an affidavit setting out the judgment, the amount outstanding, and the basis for believing the garnishee holds the debtor’s funds.
- Serve the order nisi. This step is critical and frequently mishandled: the Sheriffs and Civil Process Act makes service of the order nisi on both the judgment debtor and the garnishee mandatory, not optional. A garnishee order absolute made without proof of proper service on both parties can be — and regularly is — set aside on appeal for want of jurisdiction.
- Wait out the notice period. The order nisi and the hearing date must be served on the parties at least 14 days before the adjourned hearing date.
- Attend the “show cause” hearing. The garnishee (usually represented by the bank’s legal team) either pays in, disputes the debt, or stays away. The court then decides whether to make the order absolute.
- Collect payment. Once the order is absolute, the garnishee is compelled to pay — and if it still refuses, that failure itself becomes independently enforceable.
The One Rule That Trips Up the Most Practitioners: Public Officers and the Attorney-General’s Consent
This is the single most litigated procedural issue in Nigerian garnishee practice, and it catches out even experienced counsel. Where the garnishee is a public officer, or the funds sought to be attached are in the custody of a public officer — for instance, government funds held by a Ministry, MDA, or an account under a government official’s control — Section 84 of the Sheriffs and Civil Process Act requires the prior written consent of the Attorney-General (Federal or State, depending on which government is involved) before those funds can be attached.
Judgment creditors frequently skip this step, assuming that because the money is sitting in a commercial bank, the ordinary garnishee process applies without more. Nigerian courts have repeatedly struck down garnishee orders made against public funds where this consent wasn’t obtained beforehand, regardless of how valid the underlying judgment was. If your judgment debtor is a government body, or the funds you’re targeting ultimately belong to government, get the Attorney-General’s consent before you file — not after.
Practical Notes From the Trenches
- Banks rarely fight hard once served properly. Most commercial banks, once properly served with a valid order nisi, will simply confirm the balance and pay in — contesting a garnishee order is costly and reputationally awkward for a bank. The friction usually comes from procedural defects in service, not resistance from the garnishee itself.
- Multiple accounts, multiple banks. If you don’t know exactly where the debtor banks, some creditors file simultaneous applications naming several likely banks as garnishees. This can work, but it multiplies the affidavit and service burden, so weigh the cost against how confident you are in your information.
- Interest and accrued charges can complicate the amount. By the time a garnishee order is made absolute, months may have passed since judgment. Make sure your application reflects the correct outstanding sum, including any court-ordered interest, so there’s no dispute at the “show cause” stage.
- A garnishee outside the court’s jurisdiction needs leave to serve. If the bank branch or head office holding the funds is in a different state from the court that gave judgment, you’ll usually need the court’s leave to serve the order nisi out of jurisdiction — another step that’s easy to overlook and fatal to the process if missed.
Garnishee Proceedings vs. Writ of Fi.Fa.: Which Should You Use?
| Garnishee Proceedings | Writ of Fi.Fa. | |
|---|---|---|
| Best when | Debtor has known, traceable bank funds | Debtor has movable physical assets |
| Speed | Usually faster once service is proper | Slower — requires locating and physically seizing goods |
| Main risk | Improper service voiding the order | Resistance or concealment of assets on-site |
| Special hurdle | Attorney-General consent for public funds | Exempt items (tools of trade, clothing) reduce what can be seized |
In practice, many judgment creditors pursue both in parallel where the debtor’s full asset picture isn’t clear.
Checklist Before Filing
- [ ] Confirmed judgment is for a specific money sum
- [ ] Identified the garnishee bank and, ideally, the account
- [ ] Checked whether the funds belong to a public officer or government body (Attorney-General consent required if so)
- [ ] Ex parte application and supporting affidavit prepared
- [ ] Service arranged on both the judgment debtor and the garnishee
- [ ] 14-day notice period before the hearing date factored into your timeline
- [ ] Leave of court obtained if the garnishee is outside the court’s jurisdiction
This article is intended as general information on garnishee procedure in Nigeria and does not constitute legal advice for any specific case. Always confirm current requirements with the relevant court registry or a qualified legal practitioner.