The Court of Appeal in Abuja has dismissed separate appeals filed by the Central Bank of Nigeria (CBN) and Ahmadu Bello University (ABU) challenging the enforcement of a N2.5 billion judgment debt in favour of 110 former university workers dismissed in 1996.
The decision, delivered on Friday by Justice Okon Abang, in a unanimous judgement, upheld earlier rulings of the National Industrial Court and ordered immediate compliance with the payment directive.
In strongly worded judgments, the appellate court faulted both institutions for prolonging litigation and failing to obey subsisting court orders, warning that further delays could attract sanctions.
Justice Okon Abang said the appeals lacked merit and accused the CBN of acting beyond its role by frustrating the execution of a valid court judgment.
He held that the apex bank’s conduct since holding the funds in custody amounted to an abuse of process and unnecessary obstruction of justice.
“In this matter, it is not the duty of the CBN to play the role of an advocate but to implement the court judgment that awarded the money to the workers in the absence of any contrary court order.”
“It is also unethical for the lawyer to the CBN to have supported the bank in frustrating the judgment of the Industrial Court. The unfortunate action of the CBN prolonged the suffering and hardship of the workers.”
“How can the CBN be asking that an order of court not made against it be vacated when it has been holding the workers’ money since 2018? The situation must not continue. There must be an end to litigation,” he said.
The judge concluded that there was no lawful basis for the CBN’s appeal since no claim was made against it in the substantive suit and ordered both appellants to comply immediately.
The dispute dates back to 1996 when 110 staff members of ABU were disengaged from service, a decision that later drew condemnation from internal panels set up by the university.
After several years without redress, the affected workers instituted an action in 2012 at the National Industrial Court, seeking reinstatement and payment of outstanding salaries and allowances.
ABU argued that the suit was statute-barred, but the court rejected the objection and ruled in favour of the workers on November 30, 2015.
On November 7, 2016, the court ordered ABU to pay a computed sum of N2.5 billion, with interest of 10 per cent per annum if unpaid.
ABU failed to comply, prompting garnishee proceedings against banks holding its funds, including the CBN.
These steps laid the foundation for the prolonged enforcement battle that eventually reached the Court of Appeal.
The CBN became involved in the matter as a garnishee after the National Industrial Court ordered banks holding ABU’s funds to show cause why the judgment sum should not be paid.
In 2022, the Abuja Division of the Industrial Court made the garnishee order absolute, directing the CBN to release N2.5 billion standing to ABU’s credit.
The CBN argued that the consent of the Attorney-General of the Federation was required before payment, a position rejected by the courts.
The court held that the Attorney-General was already a party to the suit, making additional consent unnecessary.
In dismissing the latest appeals, the Court of Appeal awarded costs of N5 million each against the CBN and ABU in favour of the workers.
The appellate court also reaffirmed that the National Industrial Court has exclusive jurisdiction over labour-related matters, including post-judgment enforcement.
The ruling effectively brings an end to nearly three decades of litigation arising from the dismissal of the 110 workers.
The decision underscores the binding nature of National Industrial Court judgments on labour matters.
It highlights the consequences of prolonged non-compliance with lawful court orders by government agencies.
The case serves as a warning that institutions risk financial penalties and reputational damage when they frustrate the enforcement of judgments.
With no further window of appeal, the judgment clears the way for the former ABU workers to finally receive the monetary benefits awarded to them by the courts.
