The Court of Appeal in Abuja on Friday dismissed fresh bids by the Central Bank of Nigeria, CBN, and Ahmadu Bello University, ABU, to stop the implementation of N2.5 billion judgment debt against the university and in favour of 110 workers unlawfully sacked in 1996.
The appellate court in two separate unanimous judgments, ordered CBN to immediately release the N2.5bn to the former ABU workers without any further delay.
In the lead judgments delivered by Justice Okon Abang, the Court of Appeal threatened to impose heavy sanctions against the CBN, should the apex bank further refuse to release the money kept in its custody since 2018 by ABU for onward payment to the aggrieved workers.
Justice Abang dismissed the claim of the CBN that the 110 workers unlawfully sacked by ABU in 1996 but ordered reinstated by the National Industrial Court in Abuja cannot use garnishee proceedings against it to collect the money.
The claims of the apex bank that the consent of the Attorney General of the Federation and Minister of Justice, AGF, must first be obtained by the workers before payments can be effected was also dismissed by the Court of Appeal.
The CBN and ABU had in separate appeals challenged the implementation of the judgment of the Industrial Court which ordered ABU to pay the entitlements of the 110 workers having found that they were unlawfully laid off by the Sole Administrator of the University, General Mamman Kontagora, in 1996.
The two appellants also faulted the use of garnishee proceedings against them by the workers to effect payments.
The two appeals were dismissed for being unmeritorious.
Justice Rakiya Haastrup of the 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.
Justice Abang held that the workers were right in filing garnishee proceedings against CBN to enforce payments of their entitlement as required by law.
The Court of Appeal scolded the CBN for wasting public fund to engage lawyers to file a suit to frustrate the payments of the entitlement to the aggrieved workers.
According to the court, the conduct of the CBN in opposing payment of the money was reckless and reprehensible since the ABU management had deposited the money to it for the settlement of the judgment debt.
“In this matter, it is not the duty of the CBN to play the role of the advocate but to implement the court judgment that awarded the money to the workers in the absence of any contrary court order.
“It is also unethical for the lawyer to the CBN to have supported the bank in frustrating the judgment of the Industrial Court. The unfortunate action of the CBN had prolonged the sufferings and hardships of the workers.
“The lawyer ought to have advised the CBN not to play the role of the advocate no matter how juicy the CBN brief. The action of CBN is cowardice. It took the matter personal against the workers who have been suffering since 2013.
“The is no lawful reason for the CBN to have filed this appeal against the judgment of the Industrial Court since the workers made no claims against the bank.
“The lawyer owes a duty to the court, to the country and to the 110 workers to see that they are not unjustly punished or denied the fruits of their court victory. He ought to have withdrawn his services if CBN goes against his advice. They ended up wasting the valuable judicial time of this Court.
“How can CBN be asking that the order of court not made against it be vacated when it has been holding the workers money since 2018? The situation must not continue. There must be an end to it. The workers deserve the fruit of their labour,” Justice Abang said.
The Court of Appeal awarded N5 million against CBN and another N5 million against ABU to be paid to the workers as cost of litigation, in addition to the N2.5 billion
