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SERVICE OF FOREIGN LEGAL
PROCESS IN NIGERIA: LAW AND
PROCESS.
April 2011 Vol. 24 Issue 4
Without controversy, jurisdiction is the
centre pin upon which an entire
litigation
hinges.
A
court
has
jurisdiction if the case comes before it
initiated by due process of law and
upon fulfillment of any condition
precedent to the exercise of such
jurisdiction. Proper service is a precondition to the exercise of a court’s
jurisdiction. Hence, the non-fulfillment
automatically robs the court the
jurisdiction to hear and determine the
suit. Any judgment given in the absence
of jurisdiction shall be invalidated.
Foreign
judgments
though
duly
registered in Nigeria, may be set aside
upon proof that the judgment debtor
did not receive notice of those
proceedings in sufficient time to enable
him defend the proceedings and did not
appear. See section 6(iii) of the Foreign
Judgments (Reciprocal Enforcement) Act
CAP F35 Laws of the Federation of
Nigeria 2004.
Some international conventions such as
the Hague Convention on the service
abroad of judicial documents in civil
and commercial matters provide for
service of process in the signatory
countries. However, these are not
applicable to Nigeria, not being a
signatory.
In Nigeria, there is no federal legislation
that exhaustively provides for service of
foreign legal processes. Hence service
of foreign legal process would depend
on the civil procedure laws of each state.
It must be noted that the provisions in
most of these states are similar. Some of
the common forms of service of legal
processes in Nigeria are informal service
and letters rogatory.
In Lagos State, Order 8 Rule 5 of the
High Court of Lagos State (Civil
Procedure) Rules 2004 provides for
service of foreign processes. The Lagos
rules recognize service by letters
rogatory.
By the Lagos Rules, the foreign court or
tribunal sitting on a civil or commercial
matter shall write a letter to the
Attorney General of Lagos State
requesting that service be effected on
any person named in the letter. Such
letter and the processes if in a language
other than English shall be accompanied
by an English translation of the letter,
two copies each of the process in the
original language and English language.
The Attorney General shall then
forward the letter and process to the
Chief Judge.
The process would be assigned to a
bailiff of the court who shall effect
personal service and file an affidavit of
©Blackfriars LLP 2011. All rights reserved. This document is for general guidance only. Definitive advice
should be sought from counsel if required. Blackfriars LLP, The Penthouse Floor, Itiku House, 28-30
Macarthy Street, Lagos. Tel: +234 1 739 0397; +234 1 736 9797; +234 1 736 9795; Fax: +1 646 536 8978.
http: www.blackfriars-law.com Email: [email protected]
WWW.BLACKFRIARS-LAW.COM
service or non-service in court. The
affidavit of service as well as a certificate
of service would be forwarded to the
Attorney General.
Order 12 Rule 24 of the High Court of
the Federal Capital Territory (Civil
Procedure) Rules 2004 provides only for
service of process where the request is
made by the court of a country which is
a co-signatory to any international
convention on service of legal process. It
would appear that since Nigeria is not a
signatory to any of the conventions
contemplated by that provision, the
same provision would be applied to
requests from all foreign countries for
service of their processes.
For further inquiries, please contact:
Ms. Chinwe Grace Uwakwe
Phone: +234 1 739 0397
Email: [email protected]
Fax: +1 646 536 8978
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While service of foreign legal process by
letters rogatory takes a longer period of
time of approximately two to four
weeks, this form of service carries
greater legal force as judgments
obtained pursuant to that judgment may
be enforced by the courts.
Foreign processes may also be served
informally. In this case a private process
server effects service and deposes to an
affidavit of service or non-service. This
offers an advantage of service within a
shorter frame of time. However, if
judgment is eventually obtained,
Nigerian courts may not enforce same.
©Blackfriars LLP 2011. All rights reserved. This document is for general guidance only. Definitive advice
should be sought from counsel if required. Blackfriars LLP, The Penthouse Floor, Itiku House, 28-30
Macarthy Street, Lagos. Tel: +234 1 739 0397; +234 1 736 9797; +234 1 736 9795; Fax: +1 646 536 8978.
http: www.blackfriars-law.com Email: [email protected]