JAMES SHEHU ABIRIYI, JCA (DELIVERING THE LEADING JUDGMENT): On 25th April 2013, the 1st Respondent as Applicant got judgment against 2nd- 5th Respondents and unknown Police Ratings (Zone 6) Calabar in a fundamental rights enforcement action.
In his effort to enforce the judgment of the Federal High Court, he commenced garnishee proceedings against some banks, including the Appellant.
While most of the other banks showed cause why the order nisi should not be made absolute, the Federal High (the court below) was not sure the affidavit to show cause filed by the Appellant entitled it to a discharge. It therefore invited counsel for the Appellant and the 1st Respondent to address it on the matter. After considering the address of learned counsel for the Appellant and the 1st Respondent, the court below handed down a ruling which in part reads as follows:
“The Ministry of Police Affairs herein is a customer of the 1st Garnishee (Central Bank of Nigeria) as averred in the affidavit to show ca…