In a N20 million lawsuit against the Lagos State Traffic Management Authority (LASTMA), Justice Tijani Ringim of a Federal High Court in Lagos on Monday ordered some Nigerian commercial banks to appear and give reasons.
Following a garnishee action brought by a Lagos lawyer named Mr. David Enemona, the court issued the order for parties to attend and provide justification.
The applicant sued LASTMA (FHC/CS/373/2021) in 2021, saying that it had illegally tried to get him to pay money after taking his car.
The Attorney General of Lagos State and Mr. Ogunde, a LASTMA official, are additional respondents in the lawsuit.
The applicant requested a court judgment stating that the respondent’s imposition and collection of N20,000 as a fee under the pretence of “phantom traffic” that allegedly occurred on February 18, 2021, along the Lagos-Ibadan expressway were unlawful.
He had argued that the payment in question, as well as the seizure and detention of his Toyota Camry without any sort of trial, hearing, or order, violated his right to a fair trial and the constitution.
The court ruled in favour of the application on June 20 and gave the respondents the amount of N20 million for ignoring the applicant’s rights on purpose.
The applicant’s attorney, Mr. Anayo Ishiwu, filed an ex parte motion on Monday, arguing that the judgment debtors had not yet paid the judgment debt despite receiving demand letters.
Access bank, Polaris bank, Enterprise bank, Wema Bank, Union bank, UBA, Stanbic IBTC, RCMB, Sterling bank, Ecobank, First Bank Plc, and others are among the garnishee banks cited in the motion ex parte.
The applicant is asking for a garnishee order nisi, which would compel the defendant’s bank accounts to appear and give a reason for any monies that are to the judgment debtors’ credit.
The applicant’s attorney informed the court of his motion ex parte requesting a garnishee order nisi on the respondent banks, to appear and show cause, when the matter was called.
In order to persuade the court to accept his motion, he moved it and adopted his written address, affidavit of support, and attached materials.
The applicant requests a garnishee order nisi that would attach any funds to the judgment debtor’s credit in any other accounts accruing from the garnishee banks to the judgment debtor that could be necessary to pay the obligation.
He requests a court order requiring the garnishee banks to create and submit under oath a statement of account detailing the judgment debtors’ current financial situation in the garnishee banks.
He is asking for a court order telling the garnishee to pay any funds that have been attached as judgment debt and are to the judgment debtors’ credit.
Justice Ringim declared that he finds merit in the application after hearing the application presented by the applicant’s attorney.
As a result, he gave the respondents a date of February 8, 2023, to appear in court and demonstrate why an absolute order should not be issued against them.
The court mandated that the respondents be served with notice of the motion and hearing notices.
