Recognition and Enforcement of Foreign Judgments in Nigeria in The AfCFTA Era: Challenges and Reform Imperatives

The recognition and enforcement of foreign judgments is a cornerstone of private international law and a critical index for cross-border trade and investment. In Nigeria, this regime is governed by a tripartite system: the common law action on a judgment debt, the Reciprocal Enforcement of Judgments Ordinance of 1922, and the Foreign Judgments (Reciprocal Enforcement) Act of 1960. This article critically appraises the challenges undermining the effectiveness of this framework. It argues that the Nigerian legal regime is anachronistic, fragmented, and fraught with procedural bottlenecks. The continued reliance on the 1922 Ordinance, which is restricted to judgments from the United Kingdom, and the non-commencement of the 1960 Act's extension provisions have created a regime of limited reciprocity that is out of tune with Nigeria's current global economic engagements. Furthermore, the requirements of registration within twelve months, the discretionary power for grant of leave, the liberal invocation of public policy and fraud defences, and protracted judicial delays render enforcement cumbersome and unpredictable. Through doctrinal and comparative analyses with the United Kingdom, the United States, and the European Union's Brussels I Recast Regulation, the article demonstrates how Nigeria lags behind international best practices. It recommends comprehensive legislative reform, including the repeal of the 1922 Ordinance, full commencement of the 1960 Act with an expanded list of reciprocating countries, establishment of a dedicated enforcement procedure at the High Court, and harmonization with the African Continental Free Trade Area dispute settlement framework.