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– Begins amendment of 80-year-old Sheriffs and Civil Process Act
– Bill seeks to end AG’s consent barrier, enable electronic service of court processes
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From Adesuwa Tsan, Abuja
The Red Chamber on Thursday began major reforms to Nigeria’s civil justice system with the passage for second reading of a bill to amend the Sheriffs and Civil Process Act, first enacted in 1945, to bring the law in line with contemporary judicial and technological realities.
The bill, 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”, was sponsored by Idiat Oluranti Adebule.
The proposed amendment seeks to introduce electronic service of court processes, update fines and penalties to reflect current economic realities, and abolish the requirement for the Attorney-General’s consent before enforcing judgments against public institutions.
Leading debate on the general principles of the bill, Adebule said the existing law was “manifestly outdated and disconnected from the realities of today’s judicial and technological environment”, as it still mandates manual service of court documents nearly eight decades after its enactment.
“Mr President, distinguished colleagues, this law was enacted nearly eighty years ago. It still prescribes manual service of court processes and personal delivery of documents, even in an era of digitalisation and globalisation,” she said.
She explained that although Nigerian courts have in recent years adopted administrative innovations such as electronic filing and virtual hearings, the absence of legislative support for such practices continues to create uncertainty and delay justice delivery.
“This amendment will give statutory legitimacy to digital processes and ensure that judgments are effectively enforced,” she added.
Adebule also highlighted a colonial-era clause that requires judgment creditors to obtain the Attorney-General’s consent before enforcing court judgments against government agencies, a provision she described as “a relic that now obstructs justice”.
“Government agencies routinely ignore court judgments because enforcement depends on the discretionary consent of the Attorney-General. Many citizens abandon legitimate claims out of frustration,” she said.
She argued that the reform would help restore public confidence in the judiciary and reaffirm Nigeria’s commitment to the rule of law.
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“No government committed to justice should allow its agencies to disregard judicial authority with impunity,” she stressed.
Seconding the motion, Senator Kaka Shehu Lawan commended Adebule for what he called “a bold and necessary reform”, saying the modernisation of the 1945 law was long overdue.
“The 1945 Act reflected the realities of that era. Today, we live in a digital society. It is only right that our laws evolve accordingly,” he said.
Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Adeniyi Ayodele, also backed the amendment, describing the Attorney-General’s consent clause as “a colonial safeguard designed to protect the British administration of that time”, which now frustrates the enforcement of court decisions.
“Once government loses in court, officials often frustrate enforcement by simply refusing to give consent. That defeats the very essence of justice,” Ayodele said.
He also noted that the fines and administrative penalties in the existing law are “ridiculously outdated”, creating loopholes that encourage corruption and extra costs for litigants seeking enforcement.
Contributing to the debate, Mohammed Bashir Munguno said the bill was necessary to align the justice system with the country’s social and technological evolution.
Quoting the late Justice Udo Udoma, he said, “Laws are organic documents that must grow with society,” adding that “this amendment brings the Sheriffs and Civil Process Act in consonance with modern realities of governance.”
After extensive deliberations, Deputy Senate President Barau Jibrin, who presided over the session, put the motion to a voice vote, and the bill was unanimously passed for second reading.
He commended Senator Adebule for “a well-researched and forward-looking intervention that speaks to the heart of judicial reform” and referred the bill to the Senate Committee on Judiciary, Human Rights and Legal Matters for further legislative work within four weeks.
