The decision of the National Industrial Court of Nigeria (NICN) directing the Central Bank of Nigeria to pay the judgment sum of N2.8bn (Two Billion, Eight Hundred Million Naira) to 314 staff of Federal Urban Mass Transit Agency whose employment were wrongfully terminated by the Federal Ministry of Transport is about to be challenged at the Court of Appeal.
Dissatisfied with the 14 June 2023 verdict of Hon. Justice E. N. Agbakoba of the NICN Abuja Division the CBN has expressed its determination to contest the judgement.
Justice Agbakoba in a garnishee proceeding ordered the topmost bank which was listed among the 17 banks as Garnishees, to pay the judgment sum in the suit to the Judgment Creditors; Mr. Julius Komgbenda and 313 others in the suit filed against the Hon. Minister, Federal Ministry of Transportation; President, Commander-in-Chief, Federal Republic of Nigeria; Head of Service of the Federation and Federal Urban Mass Transit Agency.
At the hearing of the garnishee proceeding, CBN filed affidavit to show cause deposing to facts that CBN is an agency of the Federal Government of Nigeria that does not keep any account in the names of the Judgment Debtors. It also deposed to the fact that from the processes served on the CBN, there is no indication that the consent of the Honourable Attorney-General of the Federation was obtained before the garnishee order nisi was issued.
One of the grounds of appeal is that the decision of the National Industrial Court of Nigeria did not take CBN’s affidavit to show cause into account thereby, leading to the dissatisfaction of the apex bank with the judgment amongst other complaints that the CBN indicated in its Notice of Appeal filed.
The appeal was filed on 5th July 2023 and the application for a stay of execution of the Judgment was filed on 6th July 2023. Both processes were served on the Respondents on the 6th of July 2023.
