APPEAL COURT STRIKES OUT MOTION AGAINST EX-BANKER
Court of Appeal sitting in Makurdi, Benue State capital, has struck out a stay of execution motion, which was filed by the Platinum-Habib Bank against its former employee, Mr. James Okefe who won a judgment debt of N36.5m from the bank for wrongful dismissal.
Presiding Justice of the court, Justice K.M.O. Kekere-Ekun delivering a lead judgment which Justice A.A.B Gumel and Justice U. Onyemenam agreed on Wednesday, the court struck out suit Appeal Number CA/MK/15/2011, after the counsel to Plantinum-Habib Bank withdrew same.
Kekere-Ekun explained that, 'The motion on notice dated and filed on 30/03/2011 having been withdrawn is struck out with N5000 cost to the respondent '.
Platinum-Habib Bank had approached the Court of Appeal for a stay of execution of an Order Nisi of Federal High Court of Makurdi, attaching its account number: 0230252822017 with the Central Bank of Nigeria, (CBN) for the payment of the judgment debt of N36.525million to its former employee, James Okefe.
The Federal High Court Justice, Abimbola Obaseki had ruled on April 1, 2011 that: 'An order in the interim restraining the Garnishee from paying the above mentioned accounts except the judgment debt is deposited in the court within eight days of service or pending when the Garnishee show cause '.
However, before getting a Garnishee order from the Federal High Court, the Makurdi High Court presided over by Justice M. A. Ikpambese had ruled that the bank should pay the judgment debt after he held that his sack from the employment of the bank did not follow due process.
Speaking with newsmen at the premises of the Court of Appeal, the judgment-creditor and former employee of Platinum-Habib Bank, Okefe expressed confidence that the bank would respect the ruling of the court, since its counsel voluntarily applied for the withdrawal of the stay of execution motion.