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On 9th July 2013, by a suit initiated by the named Appellants (as Claimants) at the High Court of Lagos State (trial court), a judgement in the sum of Two Hundred and Thirty-Two Million, Nine Hundred and Fifteen Thousand, Six Hundred and Forty-Four Naira (₦232,915,644.00) was entered in favour of the Appellants” and against the 1st Respondent (as sole Defendant), Nigeria Football League Limited at the trial court. The Appellants, as Judgment Creditors, in the exercise of their rights and powers under Section 287(3) of the Constitution providing inter alia that the decision of a High Court shall be enforced in any part of the Federation by all authorities and persons and the Court itself, proceeded by way of garnishee proceedings at the trial court to enforce the judgment dated 9th July 2013.
They proceeded against the 2nd and 3rd Respondents, as Garnishees, and the trial Court granted the garnishee order nisi against the garnishees attaching the sum owing in satisfaction of the judgment entered in favour of the judgment creditors. The trial court further ordered that the garnishees shall enter appearances within fourteen (14) days and shall file an affidavit to show cause why the order nisi should not be made absolute, attaching as exhibits – copies of the Statement of Account of the Judgment Debtor held by them. The 2nd Respondent filed its affidavit to show cause and denied being indebted to the Judgment Debtor in the above judgement sum or in any other sum and is neither charged with collecting nor is it the custodian of the 1st Respondent/Judgment Debtor for the collection of all or any revenue accruing to the 1st Respondent/Judgment Debtor. The 3rd Respondent averred, in its affidavit that the 1st Respondent/Judgment Debtor does not maintain any account with it, and also have no fund belonging to the 1st Respondent. This prompted the Appellants to file Further Affidavit in reply to the 3rd Respondent wherein it stated that the 3rd Respondent has the funds of the of the 2nd Respondent sufficient to satisfy the judgment debt in whole or in part and has also allowed the 2nd Respondent withdraw same. The Appellants further sought that the garnishee be made absolute on the Respondents. The trial court heard the application for garnishee order absolute, and in its ruling reviewed and renounced its judgement delivered on 9th July 2013 on the ground that the Federal High Court had declared that the incorporation of the 1st Respondent was illegal and has ceased to exist in the eye of the law and that the order absolute, as requested, cannot be made in the circumstances disclosed above.
Aggrieved by the decision of the trial court, the Appellants appealed to the Court of Appeal (lower court), which further affirmed the decision of the trial court.
Further aggrieved by the decision of the lower court, the Appellants appealed to the Supreme Court.