The Delta State House of Assembly has expressed dissatisfaction over an order by Justice Adeniyi Ademola of the Federal High Court, Abuja, attaching (partial freezing) the sum of N490,803,002 in its account with one of the new generation banks in a proceedings initiated by a former member of the House, Jenkins Giane Duvie Gwede.
The House argued that the judge granted the order for garnishee nisi, attaching its accounts in the bank without jurisdiction.
The Supreme Court had, in a judgment delivered on October 24, 2014, ordered Edoja Rufus Akpodiete, who was wrongly returned as winner of the election for Ughelli North Constituency II in the Delta State House of Assembly by the Independent National Electoral Commission to vacate the seat for Gwede.
Rather than seeking ways of ensuring that Akpodiete made the refund as ordered by the Supreme Court, Gwede filed a suit before the Federal High Court, Abuja to commence a garnishee proceedings to compel the DSHA to pay him what Akpodiete ought to refund, which he (Gwede) unilaterally estimated at N490,803,002.
Justice Ademola, after carefully listening to the arguments on the two sides, adjourned to June 14, 2016 for ruling on whether to stay proceedings pending the outcome of DSHA’s matter before the Court of Appeal or proceed with the garnishee proceedings.
