Whether Section 83(1) of the Sheriffs and Civil Process Act Limits the Jurisdiction of the Federal High Court to Hear a Garnishee Proceeding involving a Federal Government Agency

CASE TITLE: CBN v. ENOCH & ORS (2022) LPELR-58804(CA)

JUDGMENT DATE: 14TH OCTOBER, 2022

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: TUNDE OYEBANJI AWOTOYE, J.C.A.

SUMMARY OF JUDGMENT: 

INTRODUCTION: 

This appeal borders on Garnishee Proceedings.

FACTS: 

This is the judgment in respect of the appeal filed by the Appellant against the decision of the Federal High Court Lokoja delivered on 15/11/2016.

On 12/8/2016, the judgment Creditor/Applicant in Suit No. FHC/LKJ/CS/44/2015 filed a Motion ex parte praying for an ORDER NISI attaching the sum of N1, 000,000 (One Million Naira) only from the capital account or any other account of Nigeria Immigration Service (headed by the 2nd Judgment Debtor/Respondent) with the Garnishee Bank and for the Garnishee to show cause why the said sum should not be used to redeem the judgment debt and the cost of the garnishee proceedings.

After hearing the application, the lower Court granted the orders as prayed on 27/9/2016.

The Garnishee Order was made absolute on 15/11/2016.

Miffed by the order, the appellant on 14/12/16 filed Notice of Appeal challenging it.

ISSUES FOR DETERMINATION:

The Court considered the appeal based on this sole issue for determination;

“Whether the lower Court has jurisdiction to entertain the Garnishee proceedings against the appellant.”

DECISION/HELD: 

The appeal was held to have merit and was allowed.

RATIOS:

• PRACTICE AND PROCEDURE – GARNISHEE PROCEEDINGS – Whether the Central Bank of Nigeria is a public officer within the meaning of Section 84 of the Sheriffs and Civil Process Act as to require the consent of the Attorney-General of the Federation before garnishee proceedings can be commenced against it
• PRACTICE AND PROCEDURE – ISSUE OF JURISDICTION – Whether the issue of jurisdiction can be raised for the first time on appeal
• JURISDICTION – JURISDICTION OF THE FEDERAL HIGH COURT – Whether Section 83(1) of the Sheriffs and Civil Process Act limits the jurisdiction of the Federal High Court to hear a garnishee proceeding involving a federal government agency
• PRACTICE AND PROCEDURE – GARNISHEE PROCEEDINGS – Whether the Central Bank of Nigeria is a public officer as to require the consent of the Attorney-General of the Federation before garnishee proceedings can be commenced against it; effect of failure