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By a Complaint, Claimant brought this action on the 10th March, 2011, claiming the following reliefs against the defendants jointly and severally: A declaration that the termination of the claimant’s appointment by the 1st defendant vide its letter referenced P.12, 518 of 01/03/2011, is a violation of the Ahmadu Bello University Law; it is therefore invalid, null and void and of no effect whatsoever. A declaration that the claimant was not given fair hearing. An Order of this Honorable Court setting aside the letter of termination of the appointment of the claimant dated the 1st day of March, 2011. A declaration that the claimant is still in lawful employment of the 1st defendant. An Order of this Honorable Court setting aside the decision of the 1st defendant’s council of the Ahmadu Bello University at its 144th (Regular) Meeting held on Tuesday, 1st march, 2011, contained in letter reference No. P.12, 518 of 01/03/2011, An Order reinstating the claimant to his office and position as Lecturer I in the Department of English and Literary Studies forthwith. An Order of this Honorable Court directing the defendants to pay all the entitlement of the claimant from the date of the purported termination till the date of judgment. Judgment Creditor/Applicant filed a MOTION EX-PARTE on 29th September, 2016 supported by a 20 paragraph affidavit deposed to Judgment Creditor praying the Court for the following orders: A GARNISHEE ORDER nisi attaching the monies of the Judgment Debtor in the hands of the Garnishee or so much thereof as may be sufficient to satisfy the Judgment sum of #15,078,057.62K (Fifteen Million, Seventy Eighty Thousand and Fifty Seven Naira, Sixty Two Kobo). AN ORDER that the Garnishee appear before this Honorable Court to show cause why an order should not be made against them for the payment to the Judgment Creditor the debt due and owing from them to the Judgment Debtors or so much thereof as may be sufficient to satisfy the debt due under the judgment together with cost. WRITTEN ADDRESS IN SPPORT OF MOTION ISSUE Whether considering the circumstances of this case, this Court can grant this application. Learned Counsel J. T. Kwange Esq. submitted that a garnishee proceeding arises in a suit when the suit has been prosecuted to Judgment with an Order for payment of money to the successful party. Per (as he then was) in the case of GOVERNOR OF OYO STATE v. AKINYEMI (2002) FWLR (PT. 120) 1761 @ 1775, PARAS. C-D. He submitted that it is the procedure whereby the Court makes an Oath in favor of the Judgment Creditor to attach any debt owing to the Judgment Debtor from any person or body. RE DIAMOND BANK LTD. (2002) 17 NWLR (PT. 795) 120 @ 133, PARAS. C-D, per Aderemi, JCA.Relying on the provisions of Sec. 83 of the Sheriffs and Civil Process Act, counsel submitted that this Application is worthy of favourable consideration by this Honorable Court. On the 16th December Learned Counsel for the Judgment creditor moved his application and adopted his written address and further and better affidavit. Urging the court to grant the order Nisi on the therein named Garnishees in the figure deposed to by the Judgment creditor in his affidavit in support of the motion for Garnishee. Court Decision Having carefully summarized the position of the Judgment creditor, his arguments and submissions and having carefully reviewed all the authorities cited, read through all the relevant processes and digested the contentions of the Judgment creditor whose written submission are herewith incorporated in this ruling and specific mention would be made to them where the need arises. The issue for determination in this suit to my mind is whether this Court can properly grant the judgment creditor applications. The judgment creditor is seeking an order of this court in Garnishee nisi to attach the sum of N15, 078,057.62K (Fifteen Million, Seventy Eighty Thousand and Fifty Seven Naira, Sixty Two Kobo in the hands of the within named Garnishees. A perusal of the supporting affidavit revealed that the Judgment creditor had deposed to various sums of money due to him as gross salary for 67 months, the judgment creditor also annexed his pay slip. These averment led the Court to require that the judgment creditor attach a copy of the judgment and further directed that as the judgment did not contain any monetary pronouncement and in order to save time the judgment debtor should be put on notice so as enable the court make a finding as to the entitlement of the judgment creditor and proceed from there. Now the judgment creditor rather chose to file a further and better affidavit and thereafter seek leave of court to rely on same to aver that they had notified the judgment creditor earlier in this matter and attached their MA1 dated on 2nd August 2016. Looking at this document I find that it does not contain any mention of the claimant’s salary of the amount being claimed. Even the judgment creditor’s citation of GOVERNOR OF OYO STATE v. AKINYEMI Supra is not helpful as in that case the Judgment debt was specified as N14, 350, 000.00 in the judgment of the Court of first instance and the pronouncement of the court is actually “A garnishee proceedings arise in a suit or in an action when it has been prosecuted to judgement; and an order for the payment of money to one of the parties is embodied. Garnishee proceedings are a form of execution.” And the issue in contention in that suit was the financial ability of the respondent to refund the judgment sum if ordered. I am aware of the pronouncement of the Learned authour Afe Babaloa OFR SAN, in his book “Enforcement of Judgments © 2003 Intec Printers Ibadan at page 113 that unascertainable amounts are attachable in garnishee relying on LUCY Vs. WOOD [1884] W. N 58, the Learned author went on to state in situation as to doubt concerning the amount to be attached the Court is to go further and establish the actual amount in question with reference to Section 78 of the Sheriff & Civil Processes law. In Labour Law following IHABUHMB Vs. ANYIP [2011] 12 NWLR (pt.1260) 1 the position was that “in a claim for payments of salaries and other benefits, such salaries and other benefits must be specifically pleaded and proved. The position of the law required proof to pleadings however the Court of Appeal in EZE & ORS. v. GOVERNOR OF ABIA STATE & ORS. (2015) 53 NLLR (PT. 179) 299 CA @ 313 Held that “where there is no evidence led to establish the sums due to the claimant as salaries and allowances, no specific sum can be ordered by the court. It is such a situation that the court is faced having to Garnishee a Judgment where no specific sum was determined as judgment debt. I find that the judgment is not ‘Garnishable’ without more There are options nevertheless open the judgment creditor in these circumstances. I am not satisfied that this application can be granted or that based on the present processes the judgment creditor is entitle to be paid the amount sought to be garnished as “his salaries and emoluments” without more by way of Garnishee at this stage. This application therefore cannot be granted and is hereby struck out. This is the Court’s ruling and it is hereby entered. _____________________ Hon. Justice E. N. Agbakoba Judge