*Faults Appeal Court’s Evaluation Of Evidence In CBN Garnishee Case
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The Supreme Court of Nigeria has set aside a garnishee order against the Central Bank of Nigeria (CBN), dismissing the proceedings initiated by Inalegwu Frankline Ochife, the first respondent in the case. In a lead judgment delivered by Justice Habeeb Adewale Olumuyiwa Abiru on January 24, 2025, with suit number SC/CV/268/2021, the court marked the end of a legal battle that began in 2018.
The case originated from a judgment delivered by the Federal High Court in Abuja on October 10, 2018, awarding Ochife N50 million in damages against the Inspector General of Police, the Commissioner of Police (FCT), and the Officer in Charge of the Intelligence Response Team, Special Anti-Robbery Squad (SARS). To enforce the payment, Ochife initiated garnishee proceedings against the CBN, seeking to attach funds in the accounts of the judgment debtors under the Treasury Single Account (TSA) policy.
The Federal High Court granted a Garnishee Order Nisi on December 10, 2018, directing the CBN to attach N50 million from the accounts of the judgment debtors. However, the CBN filed an affidavit to show cause, stating that it did not maintain any accounts in the names of the judgment debtors and could not comply with the order. Despite this, the Federal High Court made the Garnishee Order Absolute on January 21, 2019, leading the CBN to appeal the decision.
The Court of Appeal, in its judgment on December 4, 2020, dismissed the CBN’s appeal, holding that the affidavit to show cause was competently filed but rejecting the CBN’s denial of maintaining accounts for the judgment debtors. The appellate court invoked Section 124 of the Evidence Act, taking judicial notice of the TSA policy and concluding that the judgment debtors, being government agencies, must have accounts with the CBN.
Dissatisfied with the Court of Appeal’s decision, the CBN appealed to the Supreme Court. In its ruling, the Supreme Court found that the lower court had erred in its evaluation of the evidence. The apex court held that the judgment debtors—the Inspector General of Police, the Commissioner of Police (FCT), and the Officer in Charge of SARS—are not Ministries, Departments, or Agencies (MDAs) of the Federal Government and therefore do not fall under the TSA policy. The Supreme Court emphasized that the first respondent failed to provide specific details of the accounts allegedly maintained by the judgment debtors with the CBN.
Justice Abiru, delivering the lead judgment, stated, “The lower court’s decision was perverse, as it took into account irrelevant matters and failed to properly evaluate the evidence before it. The CBN’s denial of maintaining accounts for the judgment debtors was credible and should have been upheld.”
The Supreme Court allowed the appeal, set aside the judgment of the Court of Appeal, and dismissed the garnishee proceedings against the CBN. The court also discharged the CBN from any liability in the matter, with each party to bear its own costs.
Representation:
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- For CBN: Chief Emeka Ngige, SAN, and his legal team.
- For Ochife: Eko Ejembi Eko, SAN, with his associates.
- For Police Officials: Akin Adewale with Julie Ogunsuyi.
[pdf-embedder url=”https://thenigerialawyer.com/wp-content/uploads/2025/02/Cer.-Judgement-By-Habeeb-Abiru-JSC.pdf” title=”Cer. Judgement By Habeeb Abiru JSC”]
Conclusion: This decision by the Supreme Court not only resolves the immediate conflict but also sets a precedent for ensuring that garnishee proceedings are based on solid, specific evidence rather than general assertions.
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