Judgment
ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the of the Court of Appeal, holden at Abuja, delivered on the 28th of August, 2019, staying the execution of the Ruling of the trial High Court of the Federal Capital Territory, Abuja.
The facts leading to this appeal, can be summarized as follows: The Appellant herein, instituted a suit at the High Court of Kogi State, Lokoja, against the Respondents, wherein judgment was delivered on the 29th of June 2017. The 1st Respondent herein, dissatisfied with the part of the judgment setting aside the suspension of the Appellant from the 1st Respondent (i.e, the Kogi State House of Assembly), appealed to the Court of Appeal, Abuja.
The Court of Appeal, upon hearing the appeal, delivered its judgment on the 20th of March, 2018, allowing the appeal and remitting the case back to the Chief Judge of Kogi State for re-assignment to another Judge to be heard by way of a Writ of Summons.
The Appellant, aggrieved by this decision of the Court of Appeal, Abuja, appealed to this Court vide its Notice of Appeal filed on the 22nd of March, 2018. This Court, upon hearing the appeal, allowed same in part, and held inter alia as follows: 1. The judgment of the Court below be and is hereby set aside 2. The judgment of the trial Court is hereby restored and affirmed 3. That the Respondents be and are hereby ordered to pay the Appellant all his pending salaries, allowances, emoluments and monies due to him and allowed to resume his legislative duties forthwith 4.
The cost of this appeal is fixed at One Million Naira against each set of Respondents and in favour of the Appellant.
Consequent upon this decision of the Supreme Court, the Appellant herein, commenced garnishee proceedings at the High Court of the Federal Capital Territory, Abuja against the Respondents seeking the following reliefs: 1. GARNISHEE ORDER NISI as in form 26 of the Sheriff and Civil Process Act; against the Garnishee herein, attaching the sum of N210,820,000.00 (Two Hundred and Ten Million, Eight Hundred and Twenty Thousand Naira only), due and accruing to the Judgment Debtor/Respondents in custody of the garnishees with particular reference to the accounts stated in the schedule 2.
