A lawyer, Emmanuel Ekpenyong, has appealed to the Supreme Court to expedite hearing in his case against the Attorney General of the Federation, Lateef Fagbemi (SAN).
Ekpenyong, in an appeal marked SC/CR/92/2024, before the apex court, seeks an order to compel the AGF to promulgate an order to bring Part 1 of the Foreign Judgments (Reciprocal Enforcement) Act, CAP. F35, Laws of the Federation of Nigeria, into operation.
Ekpenyong had approached the Supreme Court to appeal the decision of the Court of Appeal, which upheld the judgment of the Federal High Court in Abuja.
Retired Justice Anwuli Chikere of the trial court in a judgment had held that the AGF has absolute discretionary powers under Section 3(1) of the Act to promulgate the necessary order to operationalise Part 1 of the Act.
Likewise, Ekpenyong’s appeal before the Appellate Court marked CA/A/132/2020, was dismissed as the court upheld Justice Anwuli’s judgment.
Ekpenyong afterwards approached the Supreme Court to challenge the decision.
On May 27, 2024, a five-member panel of the Supreme Court, in a unanimous decision delivered by Justice Adamu Jauro, granted Ekpenyong leave to appeal the lower court judgment.
Ekpenyong, of the law firm of Fred-Young & Evans LP, subsequently filed his appellant’s brief dated October 17, 2024.
He noted that over two months after filing his brief, the AGF had yet to respond.
Ekpenyong filed a motion on notice on January 17, 2025, pursuant to Order 4, Rule 1; Order 16, Rules 2(1), 4(1), and 12 of the Supreme Court Rules, 2024; Sections 22 and 27 of the Supreme Court Act; and the inherent jurisdiction of the court.
He sought an order to set down a date for a hearing in the appeal based solely on his brief of argument dated October 17, 2024.
Additionally, he requested “An order of this honourable court for accelerated hearing of Appeal No. SC/CR/92/2024; Emmanuel Ekpenyong Esq. v. AGF, in the interest of justice and national interest.”
In his six grounds of argument, Ekpenyong stated that he filed his appellant’s brief within the timeframe stipulated under the court’s rules.
According to him, the 30-day period for the AGF to file a response had lapsed, and the AGF had not filed a brief of argument, likely because there was no formidable counterargument against the legal issues raised in the appellant’s brief.
Ekpenyong noted that, “Since the enactment of the Foreign Judgments (Reciprocal Enforcement) Act, CAP. F35, Laws of the Federation of Nigeria, 1990, in 1960, shortly after Nigeria’s independence, the Act has not come into operation because successive Attorneys General of the Federation have failed to promulgate an order under Section 3(1) of the Act.”
He emphasized that the appeal was of national importance, as the failure to operationalise the Act has caused Nigeria, its citizens, and businesses to lose millions of dollars daily in business opportunities and international trade due to the lack of modern legislation on the recognition and enforcement of foreign judgments.
“Accelerated hearing of this appeal will clarify the extent of the AGF’s administrative discretion under Section 3(1) of the Act, as well as the powers of other public officers under Nigeria’s constitutional democracy. A landmark decision in this case will significantly improve Nigeria’s legal framework,” Ekpenyong argued.