The Supreme Court of Nigeria has overturned a garnishee order that directed the Central Bank of Nigeria (CBN) to pay N50 million in damages awarded against the Inspector General of Police (IGP) and other police officials. This decision, delivered on Tuesday, nullifies earlier court rulings and spares the apex bank from making the controversial payout.
The case stemmed from a Federal High Court judgment issued on October 10, 2018, in favor of Inalegwu Frankline Ochife, who had sued the IGP, the Commissioner of Police (FCT), and the Officer in Charge of the Intelligence Response Team, Special Anti-Robbery Squad (SARS). Ochife was awarded N50 million in damages, and in an attempt to enforce the judgment, he sought to garnish funds from accounts purportedly held by the judgment debtors at the CBN.
Following this, the Federal High Court granted a garnishee order nisi on December 10, 2018, instructing the CBN to withhold N50 million from the alleged accounts. However, the CBN contested the ruling, arguing that it did not hold any accounts belonging to the judgment debtors and thus could not comply with the order.
Despite these objections, the Federal High Court made the garnishee order absolute on January 21, 2019, affirming that the CBN must make the payment. The central bank, unwilling to accept the decision, took the case to the Court of Appeal, which ruled against it on December 4, 2020. The appellate court reasoned that since the judgment debtors were government agencies, their funds would likely be held under the Treasury Single Account (TSA) system and, therefore, subject to garnishee proceedings.
Undeterred, the CBN escalated the matter to the Supreme Court, arguing that the entire garnishee proceeding was legally flawed. The apex bank’s main contention was that Ochife failed to obtain the Attorney General of the Federation’s (AGF) consent before initiating the garnishee process, as required by Section 84 of the Sheriffs and Civil Process Act (SCPA).
Delivering the lead judgment in appeal SC/CV/268/2021, Justice Habeeb Abiru ruled that the lower courts erred in their judgment. He emphasized that the IGP, the Commissioner of Police (FCT), and SARS officials are not Ministries, Departments, or Agencies (MDAs) of the Federal Government and, as such, do not fall under the TSA framework.
“The decision of the lower court was perverse,” Justice Abiru stated. “It relied on irrelevant considerations and failed to properly assess the evidence presented.”
The ruling effectively invalidates the garnishee order and halts any further enforcement of the judgment debt against the CBN. This decision comes as a major relief to the apex bank, which had consistently argued that it had no legal obligation to comply with the disputed order.
Ochife’s legal team had relied heavily on Section 124 of the Evidence Act, urging the court to take judicial notice of the TSA policy and assume that police funds were held under the CBN’s control. However, the Supreme Court disagreed, stating that assumptions cannot replace concrete evidence.
Legal experts have described the ruling as a significant precedent for garnishee proceedings in Nigeria. “This judgment underscores the importance of following due process when seeking to enforce monetary judgments against government agencies,” said legal analyst Tunde Babalola. “It also clarifies that not all government institutions fall under the TSA system.”
The ruling also raises questions about future garnishee orders against government institutions. Analysts believe it could make it harder for individuals to enforce judgments against agencies that are not explicitly classified as MDAs.
For Ochife, the verdict is a major setback, as he must now explore other legal avenues to recover his N50 million award. His lawyers have yet to comment on whether they will seek alternative enforcement strategies.
Meanwhile, the CBN has reaffirmed its position that it should not be drawn into enforcement disputes where it has no financial liability. “The Supreme Court’s judgment validates our stance that the CBN cannot be compelled to disburse funds that do not belong to it,” a senior official at the bank stated.
With this ruling, the legal battle over the N50 million payout has effectively ended, reinforcing the need for strict adherence to legal protocols in judgment enforcement cases. Whether Ochife will be able to claim his award through other means remains uncertain, but for now, the CBN has emerged victorious.
