THE NECESSITY OF ATTORNEY GENERAL’S CONSENT IN GARNISHEE PROCEEDINGS: THE LAW, RATIONALE AND APPLICATION: A REVIEW OF THE SUPREME COURT’S DECISION IN CENTRAL BANK OF NIGERIA V. INTERSTELLA COMMUNICATIONS & 3 OTHERS

Abstract

The expectation of a judgment creditor is to reap the fruit of his judgment. Judgment creditors are sometimes faced with the task of enforcing their monetary judgments against government. The writer of this paper seeks to emphasize the importance of the consent of the Attorney General of the Federation before an order nisi is granted where the judgment sum is in the custody of a public officer. It is also to clear the misconception surrounding the decision of the Supreme Court in the case of Central Bank of Nigeria v. Interstella Communications Limited and Others [2018] 7 NWLR (Pt. 1618) 294 regarding the requirement of consent of the Attorney General of the Federation, the exception thereof and whether the Central Bank of Nigeria is a public officer.
This paper is to highlight the reasons for the said decision especially the fact that it was decided based on its peculiar facts.

Written by:

O. M. Atoyebi, SAN

Mr. Oyetola Muyiwa Atoyebi, SAN is one of the most notable professional Nigerian lawyer, who has distinguished himself in his professional sphere within the country and internationally. He is the youngest in the history of Nigeria to be elevated to the rank of a Senior Advocate of Nigeria. At age 34, he was conferred with the prestigious rank in September, 2019. Mr. O.M. Atoyebi, SAN can be characterized as a diligent, persistent, resourceful, reliable and humble individual who presents a charismatic and structured approach to solving problems and also an unwavering commitment to achieving client’s goals. His hard work and dedication to his client’s objectives sets him apart from his peers.

As the Managing Partner of O.M. Atoyebi, SAN & Partners, also known as OMAPLEX Law Firm, he is the team leader of the Emerging Areas of Practice of the Firm and one of the leading Senior Advocates of Nigeria in Local Content Law, where he has worked with various key industry stakeholders and successfully facilitated transactions in the Oil & Gas and Energy Sector. He has a track record of being diligent and he ensures that the same drive and zeal is put into all matters handled by the Firm.