Skip to content

Calitown

News, Here, Everytime!

  • Home
  • News
    • Cross River News
  • Features
  • Community
  • Inspirational
  • Toggle search form
  • First Ugep Open Table Tennis Tournament Ends, Winners Carts Away Cash Prizes Community
  • UPCA Express Commitment To Communal Development Of Ugep Cross River News
  • First Ever Ugep Open Table Tennis Tournament Reaches Quarter Finals Cross River News
  • Casual Staff In The CRS Civil Service To Be Fully Engaged Cross River News
  • MY ROAD TO UGEP: A Pilgrimage Of Laughter & Lament Community
  • Akamkpa Community Youths Burn Down Residence Of Village Head, Two Suspected Dead Cross River News
  • See Full List Of 24 Academic Staff In Unical Promoted To Professorial Cadre Cross River News
  • Yakurr Community Agog As Council Chairman Takes Traditional Title Cross River News

CBN Appeal Judgement Over N38 Billion Owed Cross River Lawyer

Posted on October 23, 2022 By Admin No Comments on CBN Appeal Judgement Over N38 Billion Owed Cross River Lawyer
Joe Agi, SAN

The Central Bank of Nigeria, CBN, has appealed a judgment which ordered the garnishment of N38 billion owed by the federal and 36 state governments.

The apex bank also filed a motion seeking a stay of the execution of the judgment, which is in favour of Cross River born lawyer, Joe Agi, a Senior Advocate of Nigeria.

Agi had filed a garnishee order nisi against the CBN, the Minister of Finance/Chairman of the Federation Account Allocation Committee (FAAC), and the Accountant-General of the Federation, who were sued as the first, second, and third garnishees, respectively, before the federal high court in Abuja.

The request for garnishee order nisi was predicated on a judgment delivered by Taiwo Taiwo, retired judge of the Abuja federal high court, wherein the minister of finance, the Nigeria Governors’ Forum (NGF), the AGF and the attorneys-general of the 36 states were ordered to pay the sum of N38,878,451,742.22, owed the plaintiff being the sum of his legal fees which was allegedly paid to the NGF by the minister of finance on the instruction of the 36 states governors.

In a ruling delivered on July 22, 2022, J K Omotosho, judge of the federal high court, ordered the garnishees to appear before the court to show cause why the garnishee order nisi should not be made absolute.

In response, the Central Bank of Nigeria CBN. which was represented by the law offices of Messrs. Kenna Partners and O.M. Atoyebi SAN & Partners, filed an affidavit to show cause why the garnishee order nisi should not be made absolute.

In addition, the apex bank filed an application urging the court to set aside the order nisi on a number of grounds, one of which was that the order nisi attaching funds in the federation account to satisfy a judgment debt, overreaches the provisions of Section 162 of the 1999 Constitution.

However, the judge disagreed with the arguments made by the attorneys for the judgment debtors and CBN and ruled that the funds to the judgment debtors’ credit should be garnished.

The court also held that once the monies accruing to the judgment debtors are deducted from the federation account, the amount should be paid into an interest-yielding account through the chief registrar of the court to prevent the sum from being dissipated.

However, the CBN argued in the appeal against the judge’s decision that the judgment creditor had violated Section 84 of the Sheriff’s and Civil Process Act by starting the garnishee proceedings against the CBN without the approval of the AGF.

The appellants further argued that the garnishee proceedings were an abuse of court processes because the plaintiff/applicant (Joe Agi, SAN) had already obtained an absolute garnishee order in suit FHC/CS/1193/2017, a case involving the same judgment amount, for which there were appeals and a motion for stay of execution pending at the Court of Appeal.

Credit: https://www.thecable.ng/

Share this post:

Share on X (Twitter) Share on Facebook Share on LinkedIn Share on Email Share on WhatsApp Share on Telegram
Cross River News, News

Post navigation

Previous Post: No Truce As Yakurr Council Chairman & Legislature Faceoff Continues
Next Post: Court Declares Prince Bassey Otu As CRS Governorship Candidate Of APC

Related Posts

  • Duke, Imoke, Ayade Others Condole Late Air Force Officer’s Family Cross River News
  • Court Bars C’River PDP From Imposing 10% Levy On Members Cross River News
  • “At All Times, Leaders Should Be Humble” – Ojong Agbor Cross River News
  • Otu Swears In CR HoS, Sets December Date For Payment Of Gratuities To Retired Civil Servants Cross River News
  • So What’s Going Down At HIT FM’s Calabar Entertainment Conference? Cross River News
  • APC Cross River State Replies Ayade, Says He Lied Cross River News

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent Comments

  • Michael on See Full List Of 24 Academic Staff In Unical Promoted To Professorial Cadre
  • Charity Obia on See Full List Of 24 Academic Staff In Unical Promoted To Professorial Cadre
  • Elder Emmanuel Imom on Obono-Obla: “No, I Didn’t Take Any Federal Polytechnic Away From Ikom To Ugep”
  • Michael Eyong on C’River: Tension Rises In Ugep, One Killed In Cult Clash

ADVERT: Click to Watch!

https://calitown.com/wp-content/uploads/2017/10/VID-20170928-WA0003.mp4
  • Why Rome Moved Catholic Bishop Of Ogoja To Uyo News
  • Akpanke Reply Critics, Splash Gifts On Constituents Cross River News
  • RAPE: Calabar Pastor Remanded In Prison Cross River News
  • Gov. Otu Swears In 27 New Permanent Secretaries Cross River News
  • Akpanke Flags-Off Road Rehabilitation Project Cross River News
  • CRSG Arrests 203 Suspected Illegal Foreign Miners In Yakurr LGA Breaking News
  • CR Gold Medalist At The 2018 National Sports Festival Sustains Injury Cross River News
  • CRSG Suspends Perm Sec, Says Devotion Can Hold In Schools Cross River News

CALITOWN
...News, Here, Everytime

Quick Menu

  • Home
  • News
    • Cross River News
  • Features
  • Community
  • Inspirational

Copyright © 2021 calitown
172 Greenwood Avenue , Hull. East Yorkshire. HU6 9NY

Powered by PressBook News WordPress theme