The Court of Appeal in Abuja has warned that it may sanction the Central Bank of Nigeria (CBN) if it further delays payment of a N2.5 billion judgment debt owed to 110 workers unlawfully dismissed by Ahmadu Bello University (ABU), Zaria, in 1996.
The warning was issued on Friday after the court dismissed fresh attempts by both the CBN and ABU to halt payment of the judgment sum.
In two unanimous rulings delivered by separate three-member panels, the appellate court ordered the CBN to immediately release the N2.5 billion deposited with it by ABU for onward payment to the affected workers.
Delivering the lead judgment, Justice Okon Abang rejected the CBN’s argument that the former ABU employees, whose reinstatement had earlier been ordered by the National Industrial Court were not entitled to initiate garnishee proceedings against the bank to recover the judgment debt.
The court also dismissed the claim that the consent of the Attorney General of the Federation and Minister of Justice was required before payment could be made.
The CBN and ABU had separately appealed the decision of the National Industrial Court, which ordered the university to pay the workers’ entitlements after finding that they were unlawfully laid off by the institution’s sole administrator, retired General Mamman Kontagora, in 1996. Both appellants also challenged the garnishee proceedings instituted by the workers to enforce the judgment.
The Court of Appeal dismissed both appeals for lacking merit.
Justice Rakiya Haastrup of the National Industrial Court had on January 27, 2022, issued a garnishee order absolute directing the CBN to pay the judgment sum to the workers from ABU’s funds domiciled with the bank.
Justice Abang held that the workers were entitled to commence garnishee proceedings against the CBN and criticised the bank for expending public funds on litigation aimed at frustrating enforcement of the judgment.
According to the court, the conduct of the apex bank was “reckless and reprehensible,” particularly as ABU had already deposited the funds with it for settlement of the debt.
“In this matter, it is not the duty of the CBN to play the role of an advocate but to implement the judgment of the court in the absence of any contrary order,” Justice Abang said.
He further criticised the CBN’s legal counsel for supporting efforts to frustrate the judgment, noting that the actions had prolonged the suffering of the workers, who have pursued the case since 2013.
“There is no lawful reason for the CBN to have filed this appeal against the judgment of the Industrial Court since the workers made no claim against the bank,” he said, adding that the appeal wasted valuable judicial time.
The court awarded costs of N5 million against the CBN and another N5 million against ABU, to be paid to the workers, in addition to the N2.5 billion judgment sum.
