Adebule leads reform of 80-year-old Sheriff and Civil Process Act
The Senate has begun moves to improve judgment enforcement with the consideration of a bill to amend the Sheriff and Civil Process Act of 2004, sponsored by Senator Idiat Adebule (APC Lagos West District). TAJUDEEN ADEBANJO writes
In a decisive move aimed at modernising the nation’s justice administration, a senator representing Lagos West District, Dr Idiat Oluranti Adebule, has called for a comprehensive amendment of the Sheriff and Civil Process Act, an 80-year-old legislation she said no longer serves the needs of a dynamic and digital society.
Leading the debate on the bill during plenary, Adebule described the Act, enacted in 1945, as “manifestly outdated” and “disconnected from present realities.”
She reminded her colleagues that the law was introduced during colonial administration and has since remained largely unchanged despite profound shifts in technology, governance and legal practice.
The senator cited some of the law’s most glaringly obsolete provisions, including a clause that still prescribes 45 kobo as the monthly allowance for debtor prisoners, a figure that symbolises how far behind the law has fallen. According to her, it is not just outdated; it is absurd.
She emphasised the need to align Nigeria’s justice infrastructure with modern socio-economic conditions.
Beyond economic irrelevance, Adebule, the former Lagos State Deputy Governor, highlighted that the law does not recognise electronic service of processes despite the courts having made immense strides towards digital transformation. Via practice directions, many courts now permit e-filing, e-service, and electronic affidavits. However, without statutory backing, these innovations lack the firm legal support required for consistency and enforceability nationwide.
“This amendment will bridge that gap and align our legislation with the realities of the digital economy,” she said.
Senator Adebule devoted a significant portion of her debate on the floor of the chamber to one of the nation’s most contentious legal bottlenecks: enforcement of court judgments against government agencies. Under the existing Act, no monetary judgment can be enforced against a government body without the written consent of the Attorney-General of the Federation or state.
This requirement, she argued, has become one of the greatest obstacles to accessing justice in the country.
She said: “Judgment creditors find it exceedingly difficult to obtain such consent and often abandon their claims entirely. This defeats the purpose of judicial awards and encourages a culture of disobedience to court orders.”
She explained that the practice has emboldened certain public institutions to ignore or delay compliance with court directives, thereby undermining the rule of law and weakening citizens’ trust in the justice system. She described the amendment as a necessary corrective measure that will reposition the judiciary as an effective and respected arm of government.
Senator Adebule also framed the debate within a global human rights context. She referenced Article 8 of the Universal Declaration of Human Rights, which guarantees everyone the right to an effective remedy by competent national tribunals.
“When we create structures that make it nearly impossible to enforce judgments, we violate this right,” she warned.
Some analysts have long lamented that the nation’s enforcement regime disproportionately affects vulnerable individuals. Those who rely on compensation for wrongful detention, unlawful dismissal, injury claims, and breaches of fundamental rights have been denied. By loosening the bureaucratic hurdles that shield public agencies from complying with judgments, the amended Act could significantly enhance access to justice for ordinary citizens.
Adebule acknowledged concerns that smoother enforcement of judgments could strain the budgets of Ministries, Departments and Agencies (MDAs). However, she maintained that the reform would produce long-term accountability gains.
“When public institutions know that judgments will be enforced promptly, they will act more responsibly. This will reduce impunity, minimise rights violations, and ultimately lower the cost of compensation,” she said.
Analysts say the reform could also encourage government bodies to improve internal compliance mechanisms and legal advisory processes, preventing costly disputes and promoting more transparent public administration.
Another key proposal in the amendment is the modernisation of the roles, appointment and operational framework of sheriffs, the officers responsible for executing court orders. The bill seeks to clarify duties, strengthen oversight and ensure effectiveness in the delivery of court processes across jurisdictions.
Judicial stakeholders have frequently complained of the delays, inefficiencies and inconsistencies associated with sheriffs’ operations under the old Act. The amendment, Adebule noted, would standardise procedures, improve professionalism and ensure that sheriffs are empowered to carry out their duties within a modern legal framework.
She explained that reforming a foundational enforcement law like the Sheriff and Civil Process Act is key to restoring public confidence in the justice system. Over the years, the inability of citizens to enjoy the benefits of judgments in their favour has discouraged many from even seeking legal redress.
“This amendment is not just a legal adjustment; it is part of rebuilding trust in our institutions,” she stated.
As she concluded her presentation, Senator Adebule made a passionate appeal to her colleagues to back the reform.
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“To protect the integrity and image of our judiciary, to restore public confidence in our legal system, and to secure justice for our citizens, I present these amendments for your kind consideration,” she said.
If adopted, the bill promises to usher in a more efficient, digital-friendly and rights-respecting era for civil justice administration in Nigeria. It could potentially mark one of the most significant legal reforms in recent years.
Reactions from fellow lawmakers indicated broad support for the principles of the amendment, with several senators agreeing that the existing Act is overdue for overhaul. Some noted that the reform aligns with the administration’s commitment to rule of law, transparency and improved governance systems.
Chairman of the Senate Committee on Judiciary, Adeniyi Adegbonmire, who is representing Ondo Central District, described the Attorney-General consent provision as “a law from colonial times.”
Adegbonmire criticised outdated fines and administrative costs that encourage corruption.
Senator Kaka Shehu, a Senior Advocate of Nigeria (SAN), expressed support for the bill, noting that it would “bring justice closer to the people and make enforcement of judgments less cumbersome”.
Tahir Monguno, senator representing Borno North and former attorney-general of the state, said laws must be dynamic to reflect societal changes.
Deputy Senate President Barau Jibrin, who presided over the session, put the bill to a voice vote and confirmed that the ‘ayes’ had it.
He referred the bill to the Committee on Judiciary, Human Rights and Legal Matters to report back within four weeks.
“The world is changing. The world is dynamic, and so also are all aspects of our lives, so I am swayed by the argument,” Barau said while thanking Adebule for sponsoring the bill.
