The National Industrial Court (NIC) in Abuja has ordered United Bank for Africa, UBA bank, to pay a total of N1.07 billion to the former Deputy Governor of Kogi State, Elder Simon Achuba, being satisfaction of a judgment debt owed by the state government.
During the trial of the case, Femi Falana (SAN) represented the ex-deputy governor, while Paul Daudu (SAN) appeared for the Kogi State Government.
Apart from the order for payment, the industrial court chided the respondent’s counsel, Daudu, for acting unprofessionally.
The court observed: “I will not conclude this ruling without making some comments regarding the JD application. I have observed that same was brought malafide for the fact that it seeks to set this court in collision with the express orders of the Court of Appeal and the provisions of section 243 (3) of the CFRN.
“This conduct, I must say, is most unprofessional and does portray the bar in good light. Consequently, cost of N1million only is awarded against the judgment debtor counsel, in favour of the judgment creditors.
“On the whole, the objection lacks merit, same is hereby dismissed.”
Justice R. B. Haastrup made the Order Absolute on November 27 after holding that the bank failed to provide credible evidence to prove that the funds in a Kogi State Government account it holds were sourced from the World Bank or jointly owned by 19 northern states, as claimed.
Achuba, represented by human rights lawyer Femi Falana (SAN), had urged the court to make the earlier garnishee order nisi absolute, following the bank’s admission that it held sufficient funds in the Kogi State ACRESAL Noida designated account (a dollar account) to satisfy the judgment.
The bank, however, through its counsel, argued that the funds were World Bank–supported monies for environmental projects across northern states and therefore could not be used to settle the judgment debt.
Justice Haastrup disagreed, holding that the bank supplied no documentary evidence to back its claims.
The court stated that since the bank had already revealed the existence of sufficient funds in the relevant account, and no proof showed the money was restricted or jointly owned, the law required the court not to deprive a successful litigant of the fruits of his judgment.
The court therefore ordered the bank to immediately pay: N1,070,860,138 being the outstanding judgment sum; N2 million, the cost awarded by the Court of Appeal; and N1 million as costs of the garnishee proceedings.
The total payment is to be made into Achuba’s Access Bank account as provided in the order.
Justice Haastrup also discharged all other banks initially joined as garnishees, including Zenith Bank, First Bank, GTBank, Access Bank, Polaris Bank, and others.
