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July 1, 2026Notice of a Landlord’s Intention to Apply to Recover Possession in Nigeria
August 5, 2026The Principle of Garnishee Proceedings in Nigeria
If you have ever spent time in a Nigerian courtroom, you might have heard a long list of commercial banks being summoned or sued by a single applicant.
Your mind might race, wondering what offense all those banks could have possibly committed. If your own bank happens to be on that list, your heart might skip a beat out of fear for your hard-earned deposits.
The purpose of this article is to clear up these misconceptions by explaining the exact legal procedure and motives behind such court summons.
What is a Garnishee Proceeding?
In simple terms, a Garnishee proceeding is a legal mechanism used by a judgment creditor (someone who won a court case for an unpaid debt) to recover money directly from a judgment debtor’s bank account. The creditor asks the court to order the bank to release the debtor’s funds to settle the debt.
Because a creditor often does not know which specific bank a debtor uses, they may seek a court order directed at multiple—or even all major—banks to locate and attach any funds held in the debtor’s name.
How the Process Works
Sworn Affidavit: To initiate the process, the applicant (creditor) must file a sworn affidavit detailing the debt owed, the nature of the account, and the targeted bank(s).
Order Nisi: If satisfied, the court issues an Order Nisi instructing the listed banks to show cause why the debtor’s money should not be handed over to the creditor.
Account Freeze: Once a bank is served with this order, the debtor is immediately restricted from withdrawing funds from that account.
Bank’s Disclosure: The bank must notify the court whether the debtor actually holds funds with them, or if the debtor also owes money to the bank itself.
An Important Exception: Joint Accounts
A Garnishee order cannot be issued against a joint account held by the debtor alongside a non-debtor third party. Courts protect innocent co-account holders from having their money seized for someone else’s personal debt. This key legal principle was famously affirmed in cases such as Hirschorn v. Evans.
Conclusion
The next time you see a long list of banks being called up in court, there is no cause for alarm. It does not mean the banks are in trouble or that your money is unsafe—it simply means a creditor is utilizing Garnishee proceedings to enforce a valid court judgment.


