Benue, Plateau accounts not frozen – Federal High Court
The
Federal High Court said on Friday that it did not make any order to
freeze the accounts of Benue and Plateau state governments as reported
in some sections of the media.
Some
newspapers (PUNCH not included) had reported on May 12 that Justice
Adeniyi Ademola of the Abuja division of the court ordered the freezing
of the accounts of the two states in his ruling on separate garnishee
applications filed against them by the Judiciary Staff Union of Nigeria.
Chief
Registrar of the court, Mrs. Rosemary Oghoghorie, told journalists in
her office in Abuja that the order of the court which was misrepresented
in the media only restrained the two state governments from touching
certain amount of money in the state accounts.
“The
Federal High Court did not grant any order to freeze the accounts of the
two states. All that the Federal High Court did was to grant ‘order
nisi’ which means that certain amount of money in the accounts of Benue
and Plateau state governments should not be touched,” Oghoghorie said.
She explained that freezing an account was different from “attaching” certain amount of money in the said account.
She said
when certain amount of money was attached in an account it implied that
any withdrawal that would leave the said account with a balance less
than the amount attached would be impossible.
She
said, “To freeze an account is that you cannot withdraw from an account,
while to attach certain amount in the account means that the owner of
the account cannot touch certain amount of money in the account. To
attach does not mean you cannot withdraw from the account.
“In the
case of Benue, the amount attached is N957,630,349.57 while in the case
of Plateau, the amount attached was N673,019,948.19.”
A copy
of the court order with respect to that of Benue which was sighted by
our correspondent read in part, “That an order nisi is hereby made
attaching the money belonging to the 15th and 16th judgment
debtors/respondents domiciled with Skye Bank Plc, Makurdi Branch –
account number 170008758 – to satisfy the judgment awarded in favour of
the judgment creditor/applicant.
“The garnishee to show cause why the order nisi should not be made absolute by the court.”
The
order of attachment was made for the bankers of Plateau and Benue
states to appear in court on June 1 to show why they should not be made
to pay the sums of money from the accounts of the states to satisfy the
judgment it gave on judiciary autonomy on January 13, 2014.
Justice
Ademola, who had delivered the judgment in favour of the Judiciary Staff
Union of Nigeria, granted the fresh order in his ruling on separate
garnishee applications the union filed against the two states on April
20, 2015.
The
union stated in the separate applications that the amount due to Benue
State judiciary “as of March 2015, is N957,630,349.57,” and the amount
due to the Plateau State judiciary for the same period is
N673,019,948.19.
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