Central Bank Of Nigeria V. Alhaji Mohammed Kakuri (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On 3-2-2014, the High Court of the Federal Capital Territory in Suit No: FCT/HC/CV/3187/2013 entered Judgment in favour of the respondent herein against the defendants in that suit, namely (1) Inspector Henry Aloy, (2) Commissioner of Police, FCT, (3) Police Service Commission and (4) Barrister Eugene Uwandi. The said High Court ordered the 1st and 2nd defendants to pay 2 Million naira and the 4th defendant to pay 1 Million naira to him as damages for the flagrant violation of his rights.

By a motion ex parte filed on 30-6-2014 the respondent commenced garnishee proceedings to attach the 1st and 2nd Judgment debtors funds in First Bank of Nigeria PLC, United Bank of Africa PLC and Central Bank of Nigeria described in the application as 1st, 2nd and 3rd garnishee/respondents respectively. The motion ex parte prayed for:

The motion ex parte prayed for:

1. A GARNISHEE ORDER NISI attaching the sum of Two Million Naira only (N2,000,000.00) standing to the credit of the Nigeria Police (1st & 2nd Judgment Debtors) with the Garnishees.

a) The Nigeria

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Police (1st & 2nd Judgment Debtors) accounts with First Bank PLC, Kumasi House, Plot 777 Mohammadu Buhari way, Central Business District, Abuja held in two separate Account Numbers 6062040000204 (now NUBAN Account No. 2017688354) and 6062040000143 (now NUBAN Account No. 01765557) or other account held with any of the 1st Garnishee Branches within the jurisdiction of the Court for the satisfaction of the judgment of this Honourable Court delivered on 3rd day of February 2014 IN Suit No. FCT/HC/CV/3187/13 which said Judgment sum remains unsatisfied.

b) The Nigeria Police (1st & 2nd Judgment debtor) Account with United Bank of Africa PLC, Ahmadu Bello Way, Garki II, Abuja held in two separate Account Numbers 1005033891 and 0100551459 or any other account held with any of the United Bank of Africa PLC Branch within the jurisdiction of the Court standing to the credit of the Nigeria Police (1st & 2nd Judgment Debtors) for the satisfaction of the Judgment of this honourable Court delivered on the 3rd day of February 2014 in suit No. FCT/HC/CV/3187/13 which said judgment sum remains unsatisfied.

c) The Nigeria Police (1st & 2nd Judgment

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Debtor) Account with Central Bank of Nigeria held in CBN Abuja Office within the jurisdiction of the Court standing to the credit of the Nigeria Police (1st & 2nd judgment Debtors) for the satisfaction of the judgment of this honourable Court delivered on 3rd day of February, 2014 in suit No. FCT/HC/CV/3187/13 which said judgment sum remains unsatisfied.

2. AN ORDER DIRECTING the Garnishees to appear before this Honourable Court within 14 days of service of the Garnishee ORDER NISI on them to show cause why they should not pay over to the judgment creditor/Applicant the sum of (N2,000,000.00) Two Million Naira only standing to the credit of the Nigeria Police (1st & 2nd Judgment Debtors) with the Garnishees for the satisfaction of the judgment of this honourable Court delivered on the 3rd day of February, 2014 in this suit which said judgment sum remains unsatisfied.”

On 3-7-2014, the trial Court granted a garnishee order nisi in the following terms:-

GARNISHEE ORDER

“WHEREAS the judgment in the High Court of FCT Abuja Judicial Division against the Judgment Debtors for payments of the sum of N3 Million in the following order, 1st and 2nd