WATCH THE VIDEO HERE The Presiding Judge, Awka Judicial Division of the National Industrial Court, Hon. Justice John Targema has made absolute the garnishee order nisi granted on 13th June 2024 in respect of the judgment sum to be paid by the Polaris Bank to the judgment creditor- Engr Mozie on conditions. The Court ordered the garnishee- Polaris Bank to immediately pay to the Chief Registrar of the Court the judgment sum of Four Million, Seven Hundred and Fifty-Six Thousand, Five Hundred and Twenty Naira, Eight Kobo only (N4,756.520.08) plus interest in favour of the Engr Mozie. Justice Targema ordered the Chief Registrar to deposit the said sum in an interest-yielding account in a reputable commercial bank in favour of the successful party pending the outcome of the Court of Appeal decision over the matter filed against the judgment debtor- Ibeto Petrochemical Industries. From facts, the Court on 14 July 2023 had delivered judgment in favor of the judgment creditor. In the said judgment, the Court declared the termination of Engr Mozie’s employment as wrongful and not in accordance with the terms of Engr Mozie’s employment. The Court also ordered Ibeto Petrochemical Industries to pay the judgment creditor- Engr Mozie the sum of N4,756,520.08 (Four Million Seven Hundred and Fifty-Six Thousand Five Hundred and Twenty Naira Eight Kobo only) as judgment sum. The judgment Creditor- Engr Mozie has not been paid, hence the instant garnishee proceeding. In defence, the judgment debtor- Ibeto Petrochemical Industries filed a Notice of Preliminary Objection urging the Court to dismiss the application on the grounds that it had filed for a stay of execution at the Court of Appeal and given the pendency of a valid application for stay of execution, the garnishee application is an abuse of Court Process because of its attempt to render nugatory, scuttle or sidetrack a valid judicial process, and the Court lacks the jurisdiction to do so. In a well-considered judgment, the Presiding Judge, Justice John Targema held that the filing of an appeal does not act as a stay, and by virtue of the National Industrial Court Act, there is nothing stopping the Court from granting order nisi, and making absolute on conditions that allows the successful party at the Court of Appeal to access the judgment sum after the appeal. The Court dismissed the notice of preliminary objection filed by the Ibeto Petrochemical Industries for lacking merit. Justice Targema found the application of the judgment creditor- Engr Mozie for the order nisi of 13th June 2024 to be made absolute meritorious.
Court Orders Polaris Bank To Pay N4.7 Million Judgment Sum To Engr Mozie In Wrongful Termination Case
