National Industrial Court of Nigeria, sitting in Kaduna, on Monday, 17th day of October, 2022 has granted a garnishee order for four accounts of the Kaduna State Government over deduction of pensions.
In the order by His Lordship, Hon. Justice S.O Adeniyi, Guaranty Trust Bank, Unity Bank PLC, Zenith Bank PLC, and Access Bank PLC are the affected following an Ex-parte Application filed on 11th day of October, 2022, by Senior Counsel for the Claimant/Applicants, former Permanent Secretaries and Head of Service.
In the Ex-parte Application, Counsel to the Claimant sought the relief: An Order Nisi attaching the sum of N984, 405,659.68 (Nine Hundred and Eighty Four Million, Four Hundred and Five Thousand, Six Hundred and Fifty Eight Kobo) only as at September, 2022 plus cost of N100, 000 standing to the credit of the judgement Debtors/Respondents and or its organs in all accounts operated with the garnishees.
An Order Nisi attaching all funds/money standing to the credit of the judgement Debtors/Respondents and or their organs in the custody of the 1st Garnishee especially in Account No 311 – 254533311 i.e KDS Account General’s Operational Account domicile with its Murtala Mohammed Square Branch, Kaduna in satisfaction of the (judgement of the Honourable Court delivered on the 7th day of July, 2021).
An Order Nisi attaching all the funds/money standing to the credit of the judgement Debtors/Respondents and or their organs in the custody of the 3rd Garnishee especially Kaduna State Universal Basic Education Board (SUBEB) Accounts Nos. 1014372699 and 1014386704 domiciled at Kachia Road Branch, Kaduna in satisfaction of the judgement of the Honourable Court delivered on the 7th day of July, 2021.
An Order Nisi attaching all the funds/money standing to the credit of the judgement Debtors/Respondents and or their organs in the custody of the 4th Garnishee especially at its Kawo Road Branch, Kaduna and Lafia Road Branch, Kaduna in satisfaction of the judgement of the Honourable Court.
An Order directing the Garnishees to produce before the Honourable Court the judgement Debtors/Respondents Statement of Accounts in respect of all accounts domiciled with them.
Upon hearing of the application on the 17th October, 2022 as prayed by the Claimant, an Order Nisi was issued against the Garnishees: Guaranty Trust Bank, Unity Bank PLC, Access Bank PLC, Access Bank PLC to show cause why they shall not pay to the Applicants the sum of N984, 405, 659.68M.
The Order shall be served on the judgement Debtors and the Garnishees shall cause within fourteen (14) days of being served with the Order. The matter is further set down till 03 November, 2022.
For hindsight, on 20th day of May, 2020 retired Permanent Secretaries and Head of Service filed a suit against the Kaduna State Government over the deduction of their pension. The deduction started in March, 2020 without any prior notice and they have instituted a case at the National Industrial Court on the ground of pension right of the claimant as enshrined under section 210 of the 1999 Constitution as amended
In its wisdom, the court declared that the Defendant shall forthwith pay within thirty (30) days to the Claimants the balance or difference of their monthly pension from the unlawful deduction made from the Claimant monthly salary that was affected from March, 2020.
However, the kaduna state government declined to respect court order, which necessitated the filing of an Ex-parte application by the Claimant counsel, Samuel Atung SAN seeking an Order Nisi attaching the sum of N984, 405, 659. 68M, which led to the garnishing of 4 accounts of kaduna state government by the court.
PUNCH report that Since the trial began in 2020, 11 out of the 71 retired Permanent Secretaries and Head of Service have died from various diseases while others are suffering from life threatening ailments.
