Before Their Lordships
IGNATIUS IGWE AGUBE, Justice of The Court of Appeal of Nigeria
ONYEKACHI AJA OTISI, Justice of The Court of Appeal of Nigeria
JOSEPH EYO EKANEM, Justice of The Court of Appeal of Nigeria
Between
FIRST BANK NIGERIA PLC
(Main Branch Makurdi) Appellant
AND
1.MR. ADIJI AMANYI
2.MR. ODOGBOLE EIJE
3.OWOICHO ALECHENU
4.FELIX ELAGBUDU
5.COMMISSIONER OF POLICE, BENUESTATE
6.AREA COMMANDER OTUKPO AREACOMMAND
7.HON. BENJAMIN ODEH. Respondents
…………………….A…………………….
OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Makurdi Division, delivered on March 5, 2014, Coram Binta F.M. Nyako J., in which a garnishee order nisi made on 12/2/2014 was made absolute.
The facts leading to this appeal are, in summary, as follows: The 1st – 4th respondents herein were the applicants in Fundamental Rights proceedings, suit no. FHC/MKD/CS/14/2012, instituted at the trial court in which judgment was given in favour of the applicants against the 5th – 7th respondents herein jointly and severally. The said judgment gave rise to garnishee proceedings against the appellant herein as the garnishee. The 1st – 4th respondents as the judgment creditors had filed a post-judgment ex parte application seeking the following reliefs:
a. A garnishee order nisi attaching the sum of Five Million Naira (N5,000,000.00) only, being judgment debt standing in favour of the applicants as at 3rdJuly 2012, due and accruing to the judgment debtors/respondents in custody of the garnishee in Account Nos.2017854382, 2017692469, 2005221996, 201120060, 2017655572, 2018513165 and 6015204897.
b. An order prohibiting/restraining the garnishee from paying out or transferring the money in the said account Nos. 2017854382, 2017692469, 2005221996,201120060, 2017655572, 2018513165 and6015204897 pending when he shall show cause why the garnishee order nisi should not be made absolute.
By these orders, the 1st – 4th respondents as judgment creditors, sought to attach the sum of N5 million presumed to be domiciled with the appellant’s Main Branch, Makurdi. The order nisi was granted for the appellant as garnishee to show cause why the order. nisi should not be made
