NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): This is an appeal against the garnishee order absolute made by the Federal High Court sitting in Calabar.
When the judgment debtor/appellant realized that a garnishee order nisi had been ordered, the judgment debtor/appellant filed a notice of preliminary objection on 24 September 2008 that the court lacked jurisdiction on the following grounds: “1. The garnishee proceedings was commenced in contravention of section 6(2) of the State Proceeding Laws of Cross River State, 2004 Cap. S16, in that the applicants commenced the garnishee proceedings less than 90 days from the date this honourable court delivered its ruling. The proceedings was initiated in violation of section 84(1 ) of the Sheriffs and Civil Process Act, 2004, in that, the applicants did notseek and obtained the consent of theAttorney- General of Cross River state before applying to attach public funds.
The proceedings was commenced in defiance to section 120(3 ) of …