- consent of the AGF is not needed before any garnishee order can be issued.
Hon. Justice Ayodele Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has dismissed the objections filed by the Garnishee- Central Bank of Nigeria and Judgment debtors- Government of Taraba State and its Attorney General challenging the Court jurisdiction against the garnishee order nisi granted on 2nd December 2021 in its entirety for lacking merit.
The Court made the garnishee order absolute and ordered the CBN to immediately pay the judgment creditors- Rev. Jolly Nyame, Alh. Uba Maigari, Alh. Abubakar and Bilkisu Saleh the sum of One Hundred and Fifty Five Million, One Hundred and Forty Five Thousand, Eighty Five Naira, Thirty Eight Kobo (N155, 145,085.38k) and awarded the costs of N500,000 awarded against the Government of Taraba State and its Attorney General.
Justice Obaseki-Osaghae stated that the position taken by the CBN in the entire proceedings is unfounded by law; and the garnishee should not have engaged the judgment creditors who are pensioners enforcing a judgment in their favour for payment of their pension in the legal contest that the garnishee (CBN) being a creation of Law has a duty to comply with the Laws of the land and decisions of the Courts.
From facts, the judgement creditors- Rev. Jolly Nyame, Alh. Uba Maigari, Alh. Abubakar and Bilkisu Saleh had submitted that on the 10 July 2019 consent judgment was entered in their favour for the payment of the sum of N151m being arrears of the balance of their monthly pension from May 2013 to October 2015 on 10 (ten) equal installments on monthly basis which judgment debtors only paid the first installment of N16,30,000.00 (Sixteen Million, Three Hundred Thousand Naira) until the period elapsed in November 2021 and all effort to get the balance proved abortive.
On November 4 2021, the judgment creditors filed a motion ex parte for a Garnishee Order Nisi for interim attachment of the money due to or standing to the credit of the Government of Taraba State in the Federation Account kept by the Garnishee (CBN) on the said judgment sum of One Hundred and Fifty Five Million, One Hundred and Forty Five Thousand, Eighty Five Naira, Thirty Eight Kobo (N155, 145,085.38k) Only to the judgment Creditors.
This Court being satisfied that the ex parte application had merit, on December 2, 2021 granted the order nisi against the Central Bank of Nigeria (CBN) as the garnishee asking it to at the next adjourned date to show cause why the order nisi should not be made absolute.
In opposition, the Central Bank of Nigeria (CBN) filed a Notice of Preliminary Objection urged the Court to set aside the garnishee order for want of jurisdiction on the grounds that the Judgment Creditors did not obtain the consent of the Honourable Attorney-General of the Federation as mandated by the Sheriffs and Civil Process Act, 2004 before the commencement of the garnishee proceedings against the garnishee/applicant and further that the Constitution confers exclusive jurisdiction on the Federal High Court on matters that relate to the Federal Government and its agencies.
The 1st & 2nd judgment debtors- Government of Taraba State and its Attorney General submitted that the failure of the judgment creditors to first obtain the consent of the Attorney-General of the Federation before commencing proceedings robs the Court of jurisdiction.
In reply, the learned counsel to the Judgment creditors, F.K. Idepefo SAN submitted that the Central Bank of Nigeria is not protected by the Sheriffs and Civil Process Act, urged the Court to dismiss the objection.
Delivering the ruling after careful evaluation of the submissions of both parties, the presiding Judge, Justice Obaseki-Osaghae held that counsel to the garnishee erred in his arguments and submissions that the Court’s decision can only be enforced at the Federal High Court (a Court of coordinate jurisdiction with this Court), when the subject matter has nothing to do with the Federal High Court, ruled that the Court has the jurisdiction to hear the matter and issue garnishee order(s) against the garnishee as the case may warrant.
Justice Obaseki-Osaghae further held that CBN is not a Public Officer within the context of section 84 of the SCPA, and the consent of the AGF is not needed before any garnishee order can be issue.
“I find that the garnishee has in its custody, and is holding money belonging to the 1st judgment debtor.
“There is no impediment to making the garnishee order nisi of December 2, 2021 absolute. The garnishee order is hereby made absolute. The judgment debt shall be paid by the garnishee to the judgment creditors immediately.” Justice Obaseki-Osaghae ruled.
