Whether the Consent of the Attorney General Is Required to Attach By Garnishee the Funds Held In the Custody of a Public Officer

CASE TITLE: CBN v. Ikechi & Ors LPELR-83443(CA)

JUDGMENT DATE: 13TH MARCH, 2026

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: JOSEPH EYO EKANEM, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Garnishee Proceedings.

FACTS:

This appeal is against the judgment of the High Court of Lagos state delivered on 14/3/2011.

The 1st respondent obtained judgment against the 2nd respondent in the sum of N3,000,000.00 at the High Court of Lagos State. In a bid to enforce the judgment, the 1st respondent applied to the trial Court for and was granted a garnishee order nisi against the appellant attaching the sum of N10,800,000.00 said to be standing in favour of the 2nd respondent with the garnishee in satisfaction of the judgment debt including accrued interest thereon. The trial Court also ordered the garnishee to disclose by way of affidavit how much is standing to the credit of the judgment debtor.

In response to the garnishee order nisi, the appellant filed a notice of preliminary objection against the proceedings, praying the Court to set aside the order nisi and strike out the name of the appellant from the garnishee proceedings. The grounds of the objection were that the appellant is not within Lagos State and that the 1st respondent did not seek for and obtain the consent of the Attorney-General of the Federation before instituting the garnishee proceedings. The preliminary objection was supported by an affidavit and a written submission.

The 1st respondent filed a counter-affidavit and a written address in opposing the preliminary objection. The appellant filed a reply affidavit and a reply address in response to the said processes.

The appellant also filed an affidavit to show cause, which was met with a counter-affidavit and a written address by the 1st respondent. In its ruling made the trial Court dismissed the preliminary objection of the appellant and ordered the appellant to pay the judgment sum to the 1st respondent after he must have obtained the consent of the Attorney-General of the Federation.

Dissatisfied with the decision of the trial Court, the appellant appealed against the same to the Court of Appeal by filing a notice of appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on the following issues:

1. Should the lower Court have entertained the garnishee proceedings against the appellant which is a Federal Government Agency?
2. Can the 1st respondent seek the consent of the Attorney-General of the Federation (pursuant to Section 84 of the Sheriffs and Civil Process Act) subsequent to the commencement of the garnishee proceedings?
3. Whether the lower Court was right in proceeding, as it so did, to hold that “…service of the garnishee order nisi at the branch office of the garnishee in Lagos is good service…” when no such question and/or issue raised by any of the parties before the lower Court
4. Did the lower Court fall into error when it failed to pronounce or make a determination on the issue whether the garnishee/appellant was resident within jurisdiction in terms of Section 83 Sheriffs and Civil Process Act?

DECISION/HELD:

In the final analysis, the appeal was allowed.

RATIOS:         

• APPEAL- FORMULATION OF ISSUE(S) FOR DETERMINATION: Whether a respondent who files neither a cross appeal nor respondents notice can formulate issues for determination not related to the grounds of appeal filed
• APPEAL- ARGUMENT ON APPEAL: Whether failure of one party to counter the arguments of the other party automatically confers merit on the arguments of the party
• APPEAL- ISSUE(S) FOR DETERMINATION: Effect of an issue for determination not argued in the brief of argument
• COURT- JURISDICTION: Whether an Appellate Court can exercise jurisdiction in a matter when the Lower Court is without jurisdiction
• PRACTICE AND PROCEDURE- GARNISHEE PROCEEDINGS: Whether consent of the Attorney-General is required to attach by garnishee the funds held in custody of the Governor of Central Bank of Nigeria
• PRACTICE AND PROCEDURE- GARNISHEE PROCEEDINGS: Whether a garnishee proceeding shall be instituted where the defendant resides or carry out business
• PRACTICE AND PROCEDURE- GARNISHEE PROCEEDINGS: Whether the consent of the Attorney General is required to attach by Garnishee the funds held in the custody of a public officer

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