High Court grants review for Act, urges reciprocity order now

The Federal High Court in Abuja has given Solomon Okedara, a legal practitioner permission to commence a judicial review proceeding against the Minister of Justice to enforce an Act that will ease international business transactions between Nigerian and foreign companies.

In the suit: FHC/ABJ/CS/1006/2023, Okedara filed a motion ex parte, asking the court to allow him to begin judicial review proceedings to address the issue of a “reciprocity order” from the Minister of Justice to make the Act enforceable.

This request came after the Minister of Justice refused to provide information that Okedara had requested on May 25, 2023.

Facts of the case

In his supporting affidavit, Okedara stated that since the Act was enacted in 1990, no Minister of Justice has issued the required order, making the Act significantly unenforceable.

Without the enforceability of foreign judgments, foreign businesses will be discouraged from dealing with Nigerian companies due to the lack of assurance that judgments will be enforced in Nigeria in case of disputes.

This, he believes, has troubled not only businesses but also lawyers and judges in Nigeria. Okedara clarified that the aim of his suit is not to compel the Minister to issue the order but to encourage proactive steps towards the enforceability of the Act.

Why the order is important

Without this order, foreign judgments (except judgments delivered in the UK which are currently enforceable via the 1922 Ordinance) cannot be enforced in Nigeria, which discourages foreign businesses from engaging with Nigerian companies.

Okedara’s suit aims to address this issue and encourage the Minister to take proactive steps toward making the Act enforceable.

Justice H. J. Yilwa, who presided over the case, has adjourned the hearing for the judicial review application to April 12, 2025.