Court of Appeal overturns N100m garnishee order against Central Bank of Nigeria
The Court of Appeal in Abuja set aside a Federal High Court garnishee order that had attached N100.18 million against the Central Bank of Nigeria (CBN). The order was issued to enforce a judgment debt claimed by the Imo State Government.
In a unanimous judgment delivered by Justice Okon Abang, the appellate court held that the trial court acted on speculation and had no credible, verifiable evidence that the CBN owed Imo State any attachable debt. The court rejected the lower court’s view that anticipated allocations from the Federation Account Allocation Committee (FAAC) could be treated as attachable funds.
The decision reaffirmed that garnishee proceedings must be based on an existing, ascertainable and legally enforceable debt, and noted that the CBN does not maintain an account on behalf of Imo State nor owes it such a debt.
Entities: Andrew Okoroji · Central Bank of Nigeria · Court of Appeal (Abuja Division) · Dr. Peter Nwogu · Federal Government of Nigeria · Feyisara Ojasanmi · Imo State Government · Justice Okon Abang · Nigeria Court of Appeal · Nigeria Security and Civil Defence Corps
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [● 2 SOURCES] The appellate court held that the trial court acted on speculation without credible evidence that the CBN owed the Imo State Government any attachable debt. (both)
- [● 2 SOURCES] The Court of Appeal Abuja Division set aside a Federal High Court garnishee order attaching N100.18 million against the Central Bank of Nigeria. (both)
- [○ 1 SOURCE] The judgment affirmed that anticipated Federation Account Allocation Committee (FAAC) allocations are not attachable debts for garnishee proceedings. (Court of Appeal ruling)
- [○ 1 SOURCE] Feyisara Ojasanmi was charged with two counts of adulteration and dealing in petroleum products (diesel) under Sections 1(18) and 1(17) of the Miscellaneous Offence Act. (Federal High Court indictment)
- [○ 1 SOURCE] The Federal High Court convicted Ojasanmi on count two and sentenced him to two years imprisonment, while acquitting him on count one. (Federal High Court judgment)
- [○ 1 SOURCE] The Nigeria Security and Civil Defence Corps arrested Feyisara Ojasanmi on 9 September 2015 at his house in Ode Omi, Irele Local Government Area, Ondo State, based on an intelligence report that he is (NSCDC intelligence report alleging diesel trafficking)
- [● 2 SOURCES] Justice Okon Abang delivered the unanimous judgment emphasizing that garnishee orders must be based on verifiable evidence. (both)
- [○ 1 SOURCE] Ojasanmi filed a notice of appeal on 21 June 2017 challenging the Federal High Court decision. (Appellant's filing)
- [○ 1 SOURCE] The Court of Appeal set aside a Federal High Court garnishee order attaching N100.178 million against the Central Bank of Nigeria. (b25b1e89-51da-4add-85c8-ad2450ea8ff6)
- [● 2 SOURCES] Andrew Okoroji applied to enforce a judgment debt of N100.178 million against Imo State Government in May 2016. (both)
- [● 2 SOURCES] Anticipated allocations from the Federation Account Allocation Committee are not attachable debts for garnishee proceedings. (both)
- [● 2 SOURCES] The CBN does not maintain an account on behalf of Imo State Government nor owes an attachable debt. (both)