The Court of Appeal in Nigeria has affirmed a N2.5 billion plus judgment against Ahmadu Bello University (ABU), Zaria, ordering the immediate release of funds by the Central Bank of Nigeria (CBN) to 110 staff members unlawfully terminated in 1996. The appellate court dismissed two separate appeals challenging the enforcement of a 2015 National Industrial Court of Nigeria (NICN) ruling that voided the disengagements and awarded the sum in back salaries and entitlements.
The NICN’s November 30, 2015 judgment mandated ABU to reinstate the staff, led by Joseph Ekundayo, and pay over N2.5 billion. After years of non-compliance, the staff secured a garnishee order absolute in January 2022, directing CBN—which holds ABU’s funds—to pay the judgment debt. A garnishee order is a legal procedure where a third party, such as a bank, is ordered to satisfy a debt from assets in its custody.
In two unanimous decisions on Friday, Justice Okon Abang, writing for a three-member panel including Justices Adebukola Banjoko and Eberechi Wike, upheld the NICN’s actions. The first appeal, filed in 2023 by ABU, the Federal Ministry of Education, and the Attorney General, challenged the 2015 judgment. The court dismissed it as an afterthought, finding no denial of fair hearing and resolving all issues against the appellants. N5 million in costs was awarded against them.
The second appeal involved CBN’s challenge to the garnishee order. The court ruled that NICN had jurisdiction because the garnishee proceeding was incidental to the original employment dispute. Justice Abang rejected CBN’s claim that the Federal High Court should have heard the matter, noting the judgment creditors had no direct claim against the bank. He sharply criticized CBN for holding the funds since 2018 and filing a meritless appeal, calling its conduct “reckless and condemnable to the extreme.” The judge questioned why CBN shielded the original debtors and faulted its lawyer, Sen. Ita Enang, for not advising compliance. Relying on Supreme Court precedent, the court also dismissed CBN’s argument that prior consent from the Attorney General was required for the garnishee.
The appeals were dismissed, and CBN was ordered to release the funds promptly, with disciplinary threats for delays. Additionally, CBN must pay N5 million in costs to the staff.
This ruling strengthens the enforcement of labor judgments and clarifies the role of garnishees in debt recovery. After nearly three decades, the 110 staff are poised to receive their entitlements, underscoring judicial commitment to rectifying unlawful employment practices in Nigeria.
