Garnishee Proceedings/Order: A Guide to the Operation of the Nigeria Police Force for Better Law Enforcement in Nigeria

Abstract

In a democratic society where the philosophy of rule of law flourish, all citizens and institutions alike within such a country must be accountable and responsible at the event of any breach to the fundamental rights of any innocent citizen in account of their erroneous omission or commission. Actions such as unlawful arrest, detention and extrajudicial killings among others, are not only condemnable, reprehensible but also actionable against the culprit(s) and upon successful proven of same, it could warrant to conviction, awards of damages, and public apology as the case may be. Thus, members of the Nigeria Police Force and indeed all other security agencies needs to be guided by the numerous legal framework and rules of engagement in discharging their statutory responsibilities to avoid unnecessary litigation. Accordingly, where there is any valid court judgment in relation to enforcement of fundamental rights, and the judgment debtor fails to comply with the court order, the court is at liberty when moved by the judgment creditor to use the available power at its disposal to ensure the enforcement of its judgment against the judgment debtor.

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