SOME OF THE CHALLENGES FACING THE ENFORCEMENT OF CONTRACT IN NIGERIA

Enforcing contracts in Nigeria has been met with several legal obstacles, which include the various issues faced by the judiciary, legal profession, and government. These challenges affect the success of contract enforcement. Some of these legal challenges include:

 Delay by the Judiciary: The absence of judicial independence has been one of the reasons for delays in legal proceedings due to judges' consciousness on ruling against powerful parties. These delays not only prolong contract enforcement but also dissuade business owners from seeking legal recourse when the need arises.

 Application of the Law Inconsistently: Inconsistent judgment on similar legal matters, such as contract disputes, can affect the confidence and understanding of the people in the Nigerian legal system. This inconsistency becomes obvious when laws are not enforced equally across the country. Different areas or states have different adopted laws applicable to those states.

Non-compliance with court orders: Disobedience of court orders has been a trendy difficulty faced by those intending to enforce contracts. Parties frequently disregard court orders and blatantly flop on court orders and judgments, and court enforcement proceedings (such as asset seizure, and foreclosures) can be time-consuming or inefficient.

Backlog of Cases: The Nigerian court system has a large backlog of cases, including contract disputes. As a result, business owners and individuals have to wait for long periods for their matters to be heard and adjudicated. This backlog delay affects the needed urgency in enforcing a contract.

Corruption in the Police and Enforcement Agencies: Corruption in law enforcement agencies affects the enforcement of judgments, even after they have been issued. Courts may issue asset seizure or foreclosure orders, but law enforcement agencies may delay or fail to carry them out properly, especially when they have been bribed, lack the resources they need, or lack the technical know-how to deliver such assignments.

Alternative Dispute Resolution (ADR) mechanisms: Alternative Dispute Resolution (ADR) methods have been encouraged for decades now, to reduce the responsibilities of the court system and quicken the enforcement of most contracts, although, there are various ADR methods, Arbitration and Meditation are the most common ones, but their effectiveness is limited. For instance, while arbitration is a well-established mechanism for settling disputes outside the courtroom, issues such as lack of enforcement of arbitral awards can affect its purpose. Mediation has been suggested as an alternative to litigation; however, it is often not considered binding unless all parties agree to the outcome and adopt it as their terms of settlement. 

Lack of Legal Service: Several parties engage in contracts without consulting a lawyer to ensure their interests are represented and their needs are effectively protected or communicated to the other party. Enforcing certain contracts in Nigeria requires the service of a professional and is not being casually enforced. That is the reason why it is always advised to get the service of a professional.

Summarily, enforcing contracts in Nigeria faces different legal obstacles that hinder the complete application of the rule of law, judicial independence, and access to justice. Addressing these difficulties involves intentional system reforms, including judicial restructuring, anti-corruption measures, and obtaining educational enlightenment from a professional to guide your decisions.

Disclaimer;

This article provides general information and is not intended to replace professional Legal service. For personalized guidance, consult a qualified lawyer from Notre Dame Attorneys at 08033056627

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