Prince Bob Njemanze Defeats Central Bank Of Nigeria At Supreme Court

The Supreme Court of Nigeria on Friday 7th March 2025 delivered a landmark judgment in an appeal filed by the CENTRAL BANK OF NIGERIA against PRINCE BOB NJEMANZE in APPEAL NO. FC/CV/568/2024.

The Apex Court in its judgment dismissed the appeal filed by the CENTRAL BANK OF NIGERIA and upheld the decision of the Trial Court in the matter.

The Apex Court had in its judgment agreed with the submissions of the 1st Respondents Counsel; L.A. NJEMANZE, ESQ that the Trial Court had jurisdiction to entertain the Garnishee proceeding filed by PRINCE BOB NJEMANZE.

The Apex Court further held that the contention of the CENTRAL BANK OF NIGERIA that it is a Public Officer and that the consent of the Attorney General of the Federation was required before the commencement of the Garnishee Proceedings against her was lacking in merit.

The Apex Court reiterated that by virtue of provisions of Section 287 of the 1999 Constitution (as amended) all Courts in Nigeria are under unqualified obligation to enforce the judgment of the Apex Court. It is therefore found in favour of PRINCE BOB NJEMANZE who had gotten judgment against the NCIC in 1993 and had commenced garnishee proceeding against the CENTRAL BANK OF NIGERIA to enforce the said judgment.

In the said judgment AGIM J.S.C held as follows:

I have carefully read and considered all the arguments in the respective briefs of this issue. The trial Court has the jurisdiction to enforce its judgment or that of Courts of co-ordinate jurisdiction by any legal enforcement process including garnishee irrespective of the parties and the subject matter by virtue of S. 287(3) of the 1999 Constitution

And Ogunwumiju JSC held thus:

Furthermore, the Appellant also relied on the provision of Order VIII Rule 2(a) and (b) of tine Judgment (Enforcement) Rules in submitting that the 2nd Respondent, being the judgment debtor, is a government agency whose funds and accounts are domiciled with the Appellant and where there is a dispute arising from the funds so domiciled, as between the Appellant and the 2nd Respondent,, the Federal High Court will exercise exclusive jurisdiction and not the State High Court.

It is pertinent to state at this point that the subject matter of this suit arose from the enforcement of the judgment of the High Court of Imo State. Hence, it is a judgment enforcement procedure. Secondly, both the Federal High Court and the State High Court are courts of concurrent and coordinate jurisdiction. Thirdly, the Judgment (Enforcement) Rules are made pursuant to the Sheriff and Civil Process Act Cap, S6 LRN 2004. Both the Rules and the Act cannot supersede Section 272 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides that:

“(1) Subject to the provisions of section 251 and other provisions of this Constitution, the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, -privilege, interest, obligation or claim Is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person “.

Finally, by the provision of Section 287(3) of the Constitution of the Federal! Republic of Nigeria 1999 (as amended), the High Court of a State is amongst the Courts (including the Federal High Court) whose decisions can be enforced in any part of the country by all authorities and persons, and by other courts with subordinate jurisdiction”