Facts:

The appellant as judgment creditor obtained garnishee order nisi as part of efforts to enforce the judgment it had obtained in this matter on the 2nd June 1999 in suit No. LD/835/99 in which the Lagos State Government was adjudged liable to pay the judgment creditor the sum of US $166,353,090.19.

By motion on notice dated 26/1/2001 and heard by the lower court on 31/1/2001 the Lagos State Government sought to set aside the order nisi. After hearing detailed argument from respective counsel for the parties, the learned trial Judge in his ruling set aside the garnishee order nisi. The application was granted on two bases. First, the judgment creditor knew that the judgment debtor had filed application for stay of execution before the application for garnishee order was sought. Secondly, the consent of the state attorney general is required to attach the monies of the judgment debtor since the monies was under the custody and control of a public officer pursuant to section 84(1) of the Sheriffs and Civil Process Act. Being dissatisfied with the decision, the judgment creditor appealed and raised the following issues: