The Court of Appeal in Abuja has ordered the Central Bank of Nigeria (CBN) to immediately release N2.5 billion to 110 workers unlawfully sacked by Ahmadu Bello University (ABU), Zaria, warning that further delay could attract sanctions.
The appellate court issued the warning on Friday after dismissing fresh appeals by the CBN and ABU seeking to block the payment of the long-standing judgment debt.
In two unanimous judgments delivered by separate three-man panels, the Court of Appeal directed the apex bank to release the N2.5bn already 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 staff could not initiate garnishee proceedings against the bank to enforce the judgment.
The court also dismissed claims that the consent of the Attorney-General of the Federation and Minister of Justice was required before the payment could be made.
The dispute dates back to 1996, when the workers were unlawfully laid off by the then sole administrator of ABU, Gen. Mamman Kontagora (rtd). The National Industrial Court had earlier ruled in favour of the workers and ordered the university to pay their outstanding entitlements.
Both the CBN and ABU separately appealed the ruling and challenged the garnishee order absolute issued on January 27, 2022, which directed the CBN to release the funds from ABU’s account.
However, the Court of Appeal dismissed the two appeals for lacking merit, affirming that the workers were legally entitled to enforce the judgment through garnishee proceedings.
Justice Abang strongly criticised the CBN for wasting public funds on litigation aimed at frustrating the enforcement of a valid court judgment, especially since ABU had already lodged the money with the bank since 2018.
According to the court, the conduct of the apex bank was reckless and reprehensible, noting that it had unnecessarily prolonged the suffering of the workers.
“It is not the duty of the CBN to play the role of an advocate but to obey and implement the judgment of the court,” Justice Abang said.
The court further faulted the CBN’s legal team, stressing that lawyers owe a duty to the court, the country, and the affected workers to ensure justice is not obstructed.
“How can the CBN seek to vacate an order not made against it when it has been holding the workers’ money since 2018?” the judge queried.
In addition to ordering the payment of the N2.5bn judgment sum, the Court of Appeal awarded N5 million in costs against the CBN and another N5 million against ABU, bringing the total additional liability to N10 million, payable to the workers.
