The Supreme Court’s recent decision on the AG’s Consent in Garnishee Proceedings: Twilight of the Judgment Creditor’s Albatross?

In recent landmark case, Central Bank of Nigeria v Ochife (2025), the Supreme Court of Nigeria ruled that failure to obtain AG’s consent is a procedural issue that must be raised at the earliest opportunity or is deemed waived. However, a dissenting opinion from one of the justices declared the requirement unconstitutional and struck down the relevant provision of the Sheriffs and Civil Process Act.

With growing calls for legislative reform and judicial intervention, the case highlights the need to modernise Nigeria’s enforcement framework and bolster investor confidence. TEMPLARS Partner, Adewale Atake, SAN, Senior Associate, Oluyemi Adebo, and Associate, Adedayo Adegbola examine its implications and explore potential solutions.