The Minister of the FCT, Mr. Muhammad Bello has dragged Hon. Justice G.C. Aguma of the River State High Court, before the NJC alleging amongst other things, the improper use of Judicial powers, precisely in a garnishee proceeding against the Honourable Minster and 2 others, to the tune of ‘Three Hundred And Twenty Nine Billion Naira (N329, 000, 000, 000). The petition titled ‘Petition against Hon. Justice G. C. Aguma in Respect of Suit No; BHC/18/CS/2020, BHC/19/CS/2020, BHC/20/CS/2020, BHC/21/CS/2020, BHC/22/CS/2020, BHC/23/CS/2020’; is dated the 20th day of November, 2020.
The petition noted that the major parties in the dispute in the garnishee proceedings were, Kohath Property Development Ltd (Judgement Creditor) and the Hon. Minister of the Federal Capital Territory, Federal Capital Development Authority (FCTDA), Federal Capital Territory Administration (FCTA), the Federal Capital Territory- Inland Revenue Services (FCT-IRS), as well as, the Abuja Environmental Protection Agency (all Judgement Debtors).
In his petition, Mr. Bello alleged that all the aforementioned suits seeking Garnishee Orders against the Judgement Debtors were based on a Judgement delivered by Hon. Justice O.A. Musa of the FCT High Court Bwari, with SUIT NO: FCT/HC/BW/CV/144/2020. The principal suit at the FCT High Court Bwari, was largely premised on an alleged breach of contract entered into by Kohath Property Development Ltd and the Hon. Minister of the Federal Capital Territory and others.
He contended that the said principal suit (before Justice Musa) which gave rise to the Garnishee Proceeding (before Justice Aguma) was largely fraudulent and an abuse of court process. “Throughout the hearing … which was commenced via originating summon, the claimant concealed facts, and it was never brought to the attention of the High Court of the FCT sitting at Bwari, that the Judgement Creditors’ claim as contained it their originating process had already been dismissed by the same High Court of the Federal Capital Territory, sitting at Gwagwalada on May 19, 2020”, the petition reads in part. Mr. Bello noted that another FCT High Court in SUIT NO: FCT/HC/1952/2016, had on May 19, 2020, delivered a well thought out ruling in favour of the Minister of the FCT and other Judgement Debtors in the Garnishee Proceeding, and the parties, issues and relief in both suits were very similar.
Furthermore, Bello noted despite the fact that his counsel from the law firm of J-K GADZAMA LLP, had filed an Appeal against the principal decision of Justice Musa, and had also obtained a stay of execution, the court in Rivers State declined to obey these ruling for intentions best known to him. He considered that the action of Justice Aguma amounted to the learned Jurist sitting as an Appellate Court over the Stày of execution granted the Judgement Debtors.
Going forward, Bello called for investigation and sanction to be melted out on the Judge where found culpable, he based his consideration on the following reasoning:
1) “There was no special reason for Hon. Justice Aguma to assume jurisdiction over a garnishee proceeding given that the Judgement sought to be executed emanated from the Federal Capital Territory.
2) Orders of court can only be effected against persons or bodies who are Parties to the suit, from which the Judgement emanated from. Going by the age-long principle of law, the accounts belonging to the FCT-IRS and AEPA should not have been attached by the court since they are independent bodies created by Acts of the National Assembly.
3) The Order for a stay of execution granted by the High Court of the FCT on 8th of October, 2020, in SUIT NO: FHC/HC/BW/CV/144/2020 (Kohath Property Development Ltd. v. Minster of The FCT & 2 ors) and Motion No: FCT/HC/BW/M/375/2020, is final and binding on the parties and the only option open to the Respondent is to Appeal same if not satisfied with the outcome.
4) The Jurisdiction of the High Court of Rivers State, Bori, to grant a Garnishee Order Absolute in face of an order of stay of execution by the High Court of the Federal Capital Territory, Abuja, is a misnomer, as only the Court of Appeal could have done so, and not another High Court.
5) The order of the High Court of the Federal Capital Territory, cannot be set aside unless set aside by that same court, or on Appeal. Once an order exists, it must be ordered.”
Speaking with regards the exercise of Judicial powers, the FCT Boss was of the view that the Honourable Judge did not act in the right interest and fairness of all concerned, noting that the Judge ought to have considered the enormous amount in question, an amount which is far above the allocation of the FCT for the year 2020, thereby grounding the activities of the administration. Conclusively he prayed that the NJC request a reply from Mr. Aguma to the petition, and if found guilty, should be made to face the law and consequence of his actions.
