Court orders debit of Oyo account
OpenLife Nigeria reports that in a bid to satisfy the judgment sum of N61million, a Lagos high court sitting at Tafawa Balewa Square, Lagos State has ordered that N61million belonging to Oyo State Government domicile with Polaris Bank, be paid to Railway Property Management Company Limited and Nigeria Railway Corporation
The order of the court was sequel to an application filed and argued before the court by a Lagos lawyer, Dr.Francis Chuka Agbu SAN, on behalf of Railway Property Management Company Limited and Nigeria Railway Corporation.
In an affidavit in support of the application sworn to by a legal practitioner Caesar Anyeabosi, the deponent averred that Railway Property Management Company Limited and Nigerian Railway Corporation instituted legal action against the Governor of Oyo State, the Attorney General and Commissioner for Justice and Commissioner for Lands and Housing, all defendants, before the High Court of Oyo State, upon which, a consent judgment was entered in favour of the applicants.
The High Court, amongst other things, ordered the defendants to pay the sum of N60million to the applicants but the defendants failed to comply with the said order of the court, thereby necessitating garnishee proceeding.
The judgment was transmitted by the High Court of Oyo State registrar to the registrar of the Lagos High Court. Consequently, the judgment was registered by the Lagos High Court, thereafter the court granted the applicants to enforce the judgment in Lagos State.
However, the defendants refused to pay the judgment sum of N60 million being the compensatory amount evaluated by both parties to be paid to the applicants.
Anyeabosi averred further that the defendants maintain a bank account with the 23 commercial banks listed before the court. Agbu then urged the Court to issue an order giving effect to the consent judgment, as the defendants have not appealed the judgment sought to be enforced by the garnishee proceeding, neither has any application for stay of execution been filed, therefore the interest of justice will be served if the application is granted.
In his ruling, the presiding Judge E.I.Alakija (Mrs) ordered that the sum of N60 million held in any current, savings, revenue or investment accounts in whatever form or name with the listed bank’s and belonging to or being operated by the Oyo State, be attached however named or styled in satisfaction of the judgment debt owed to the applicants.
The court also directed the defendants to pay the sum of N1million as the cost of the garnishee proceeding
Meanwhile, based on another application filed and argued before the court by Chuka Agbu to make the order absolute, opposed by Oyo State Director of Civil Litigation and Advisory Services, Barrister S O Adeoye, Justice Alakija, according to the affidavit to show cause by Polaris Bank deposed to by one Abraham Bailey, said the garnishee order Nisi made in this suit is hereby made absolute attaching the following sum N60 million being judgment debt N1million being cost awarded in favour of the judgment creditor, a total sum of N61 million.