The Federal High Court sitting in Lagos has granted an Order Nisi to garnishee bank accounts of the Ekiti State Government.
It was learnt that the court granted the Order at the instance of some local government chairmen and councillors who were illegally sacked by Governor Kayode Fayemi in November 2010.
The affected banks, which have already been served the Garnish Order are Access Bank, EcoBank, Keystone Bank, Fidelity Bank, First Bank, First City Monument Bank, Guaranty Trust Bank, Heritage Bank, Polaris Bank, Sterling Bank, Union Bank, Unity Bank, Wema Bank, Zenith Bank and United Bank for Africa.
Ruling on a Motion Exparte filed by Oladimeji Olugbenga Adewumi, for himself and the sacked democratically elected Local Government Councillors, and dated September 15, 2021, Justice Y. Bogoro, said on December 9, 2021, that “I have considered all the processes filed before this court supporting the application.
“I have also considered the extant laws under which the application is brought. I find merit in the application, and I grant the same, application is granted.
“Only that the reliefs sought shall not apply to the CBN reason being that there is no evidence that the consent of the Attorney General of the Federation has not been sought and obtained.
“That an Order Nisi is granted attaching all sums to the maximum of one billion, five hundred and twenty-three million, sixty-six thousand, seven hundred naira.
“That the Order shall be served on the judgement debtors as well as the Garnishees. All Garnishees and the judgement debtors shall be put on notice.
“That this suit is hereby adjourned to the 8th day of February 2022.”
It should be recalled that in 2013, the Supreme Court had delivered judgment in favour of the democratically elected 16 local government chairmen, vice-chairmen and councillors sacked by Fayemi, before the expiration of their tenure.
The Supreme Court ordered that they should be paid their outstanding emoluments.
To compel the state government to pay, the 16 local government chairmen had filed a suit at the Federal High Court, Lagos.
The sacked local government officials through their counsel, Chino Obiagwu, SAN, obtained an Order Nisi while seeking to be paid the remainder of their emolument for the term in office, a period of 15 months.
However, the Fayemi led government had on May 4, 2013, filed an application through the State Attorney General, Olawale Fapounda, seeking an order discharging the Order Nisi, arguing that the Order Nisi was obtained upon a false representation on the part of the local government chairman and it had created a situation which is strangling the economy of the state.
In his judgment then, Justice Nicholas Oweibo discharged the Order Nisi following an application filed and argued by the Ekiti State Attorney General, Olawale Fapohunda on the 4th of May.
With this order, already served on the affected banks, the Ekiti State Government will not be able to make any bank transaction until February 8, 2022, or the order is vacated by the appeal court.