The National Industrial Court, Abuja has ordered the Central Bank of Nigeria to within 14 days pay to Mr Stacy Johnson the sum of N149 million to satisfy a judgement debt owed by the Inspector General of Police and the Ministry of Justice.
The presiding judge, Justice Olufunke Anuwe made the order yesterday after listening to arguments and submissions of both counsel in the suit, according to the National Industrial Court of Nigeria.
In the garnishee proceeding, while Mr Johnson is the judgement creditor, the IGP & Ministry of Justice are the judgement debtors and the CBN is the garnishee.
“Accordingly, the garnishee Order Nisi is made Absolute. The garnishee is ordered to pay the judgement debt in the sum of N149, 205, 199,45 into this court for the benefit of the judgement creditor. This order must be performed by the garnishee within 14 days from today.” Justice Anuwe ruled.
Backstory
On November 3, 2020, Mr Johnson secured a judgement against the Inspector General of Police and the Ministry of Justice.
However, they (Judgement debtors) failed to pay the judgement sum to Mr Johnson, the judgement creditor and he approached the National Industrial Court and Instituted garnishee proceedings to enforce the payment of the judgement debt.
On March 25, 2021 the court made an order Nisi ordering CBN to come and show cause why the money in its account should not be used to satisfy the judgement debt owed Mr Johnson.
CBN in compliance with the court’s order, presented the statement of account of the Nigerian Police Force and that of the Ministry of Justice to the court.
Counsel to CBN, A.O Ajana (SAN) argued that CBN’s account is a consolidated account that contains revenue receipts and income of the legislature, executive and the judiciary and other governments agencies and departments.
He claimed that because of the nature of the CBN account which is a Treasury Single Account, it is not possible to find out the balances due to individuals.
Mr Godswill Esq., Counsel to the judgement creditor, in opposition to the argument of Mr Ajana told the court that the IGP has an account domiciled with CBN and his bank statement showed that the money in the account is enough to satisfy the judgement debt.
He, therefore, prayed the court to grant the reliefs sought by Mr Johnson and ordered the garnishee to pay the judgement sum to the judgement creditor.
In her ruling, Justice Anuwe held that the fact that the money of the judgement debtors in the Treasury Single Account is not ascertainable as claimed by the garnishee does not matter.
She said going by the fact that the judgement debtors are part owners of the money in the treasury single account, renders the money attachable for the satisfaction of the judgement debt owed by the Inspector General of Police and the Ministry of Justice.
Justice Anuwe made the order Nisi Absolute by ordering the CBN to pay the sum of One hundred and forty nine million, two hundred and five thousand into the court’s account for the benefit of the judgement creditor within 14 days.
What you should know
- A Garnishee proceeding is a judicial process of executing or enforcing monetary judgement.
- Order Nisi is an order that directs a garnishee (mostly banks) to appear in court on a specific date and show cause why an order should not be made upon it for the payment of a judgement debt from the account of a judgement debtor to a judgement creditor.
- Order Absolute is an order directing the garnishee to pay the judgement debt from the judgement debtors money in its possession.
- A Garnishee is a third party in a suit that the judgement debtor has funds or properties standing to his/her credit in its possession.
- A Judgement creditor is the party in a suit that is entitled to the judgement sum.
- A judgement debtor is the party in a suit that is owing the judgement creditor.
