The Supreme Court has granted the Nigeria Customs Service Board’s application to challenge a February 6, 2014 judgment of the Court of Appeal that affirmed a N2,048,737,443.57 judgment-debt in favour of Innoson Nigeria Limited.
A five-man panel of the court, in a unanimous ruling, upheld Customs’ prayers through its counsel, Tayo Oyetibo (SAN), by a Motion on Notice filed on November 9, 2020.
The panel comprised Justices Olukayode Ariwoola, John Inyang Okoro, Helen Moronkeji Ogunwumiju, Abdu Aboki and Tijani Abubakar.
The court granted the applicant leave to appeal as an interested party against the judgment of the Court of Appeal, Ibadan Division, in appeal number CA/1/258/2011.
It extended the time within which Customs can appeal against the judgment and adduce new evidence.
The apex court held that the applicant shall file its Notice of Appeal within 30 days from January 14 when the verdict was delivered.
The first respondent – GTBank – was represented by Chief Ajibola Aribisala (SAN), while the second respondent – Innoson – was represented by Prof J. N. M. Mbadugha.
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The appeal arose from a May 18, 2010 judgment of the Federal High Court, Ibadan, in which N700,220,000 was awarded against the Customs Board and the Attorney General of the Federation (AGF) in favour of Innoson, with interest at the rate of 22 per cent per annum from the date of commencement of the action and 22 per cent per annum until the final liquidation of the judgment debt.
On January 12, 2011, Innoson wrote to the AGF, who directed that the entirety of the judgment sum, which at that time stood at over N1.8 billion, be paid Innoson.
The applicant (Customs) paid N700,220,000, to Innoson, leaving an outstanding of N1.6 billion.
Following an application by Innoson, the Federal High Court in Ibadan, on July 29, 2011, made a garnishee order absolute against three banks for N2,048,737,443.57.
The Court of Appeal affirmed the garnishee absolute and ordered that N2,048,737,443.67 be released from the Customs’ account in satisfaction of the judgment debt.
Customs averred that Innoson failed to inform the Court of Appeal that based on negotiations between it, Innoson and the AGF, Customs remitted N700, 220,000.00 into Innoson’s account with Mainstreet Bank on 28th November 2011, before the Court of Appeal affirmed the order of the trial court.
It said Innoson, on March 27, 2019, caused to be issued out of the Federal High Court, Awka Division, a Writ FiFa, for the full sum of N2,048,737,443.67 and interest at the rate of 22 per cent per annum from July 29, 2011 (the date of the garnishee order absolute) till date.