UBA risks losing three choice Abuja properties over refusal to obey Courts order
Former Deputy Governor of Kogi State Elder Achuba Simon has asked the National Industrial Court (NIC) for an order attaching three choice properties of United Bank For Africa PLC in Abuja for unlawfully holding the sum of N1,070,860,138, alongside N2 million and N1 million awarded in costs to him by the Court of Appeal in Nigeria in a garnishee appeal.
United Bank For Africa PLC a garnishee in an appeal marked CA/ABJ/PRE/ROA/CI/630M1/2025 between the Governor of Kogi State, the Attorney General of Kogi State & Commissioner for Justice, and Elder Achuba Simon, had refused to comply with the Court of Appeal order directing it to pay the garnisheed sums to Elder Achuba Simon.
This is even as the UBA had earlier, during the garnishee proceedings, accepted in a deposition that it has the money in the account of Kogi State with it.
In an effort to enforce the Garnishee Order Absolute made on 27th November 2025 , Simon had specifically asked for a leave of the court to issue a writ of execution attaching the property of the Garnishee situated at No 11 Lafia close, Area 8, Garki, Abuja and NO 18 Ademola Adetokunbo Wuse , 3 FCT Abuja .
At the last hearing of the Suit NO .NICN/ ABJ/255M/2025 on December 18, 2025 the judge Honourable Justice R.B.Haastrup after hearing Femi Falana, SAN, for the judgment Creditor / Applicant , ordered as follows:
” Having observed that there is a motion of notice filed alongside this motion ex parte.In the circumstances, I find it pertinent to allow the Garnishee/Respondent be put on notice. Consequently, the judgment creditor shall serve the motion on notice dated 10th December December and filed on 11th, December 2025. He adjourned the to 14th January 2026 for hearing.
Earlier during the ruling the Court dismissed an application filed by the bank for a stay of execution of Garnishee Order Absolute delivered on 27 November 2025.
The court said the Garnishee has not established any special or exceptional circumstances to warrant the grant of a stay of execution. “I find the application wanting in merit .It is hereby dismissed,” the judge ruled.
Recall that the National Industrial Court had issued an order Absolute on 27 November 2025 directing the Garnishee (UBA) to pay the judgement Creditor from the account of the judgement Debtor domiciled in their bank the judgement sum of N1,070,860,138,(One Billion Seventy Million,Eight Hundred Sixty Thousand,One and Thirty Eight Naira, N2,000, 000.00,Two Million Naira and N1,000,000.00 One Million Naira being the costs of litigation.
Absurdly, instead of paying the judgement/Creditor as directed by the order of the court , the bank went on appeal and its appeal was dismissed by the Court of Appeal
The Judgement/Creditor has applied for an order of the court directing the Chief Registrar and the Deputy Sheriff of the court to immediately seal off immovable property of United Bank For Africa PLC known as No 11 Lafia close,Area 8 Abuja, Plot 701 Usman Street,Maitama Abuja and No 18 Ademola Adetokunbo Wuse 3, FCT, Abuja located within the jurisdiction of the Court and any or other immovable property of the Garnishee.
The case traces back to a Court of Appeal judgment in suit number CA/ABJ/PRE/ROA/1053M1/2024, which entitled Elder Achuba Simon to the substantial sum from the Kogi State Government. The enrolled order of the appellate court confirmed this entitlement, paving the way for execution proceedings against the state government’s assets.
Court records show that following an order nisi granted on 7th October 2025, UBA was directed to show cause why funds belonging to Kogi State Government in its custody should not be forfeited to satisfy the judgment debt. In response, the bank disclosed two accounts: a Kogi State Government SRA account (number 1002944334) containing N20,014,648.31, and a Kogi State ACRESAL IDA Designated Dollar Account (number 3003543886) holding $3,765,343.69.
The court being satisfied that the funds in the account being enough to satisfy the judgment sum made the order nisi absolute on the 27th day of November 2025,” the legal notice states. The garnishee order absolute represents a final court directive that legally compels the bank to release the specified funds.
However, rather than comply with the order, UBA filed an appeal and a motion for stay of execution before the National Industrial Court. This manoeuvre and delay tactic motion was struck out on 18th December 2025, according to a court ruling attached to the demand notice. The bank’s continued resistance has prompted the judgment creditor’s legal team to issue a formal demand notice to UBA’s Chairman and Chief Executive Officer.
The lawyers argued that the bank has overstepped its statutory role as a mere stakeholder in the dispute.
“It is trite law that the bank is only a proxy to the judgment debtor and not an advocate for it,” the notice reads. “Your bank in this case has gone beyond its statutory role as a proxy to Kogi State Government and has now descended into the arena to act as an advocate for Kogi State Government, thereby assuming the liability of any cost or decision that the court may award on their behalf.”
The legal team further challenged UBA’s reported ground for appeal, which claims that the funds in question belong to the World Bank rather than Kogi State Government. This argument contradicts the bank’s earlier admission in its affidavit to show cause, where it acknowledged that the accounts were held in the name of Kogi State Government.
Under Nigerian law, garnishee proceedings allow judgment creditors to attach debts owed to judgment debtors by third parties. Banks holding funds for judgment debtors are typically required to surrender those funds to satisfy court judgments unless they can demonstrate a superior legal claim to the money. The principle of interpleader action, referenced in the demand notice, provides that only parties with a legitimate property interest can challenge garnishee orders.
Falana and Falana Chambers warned that UBA’s continued refusal to comply could result in further embarrassment and additional costs at the Court of Appeal.
“We believe that your esteemed office is not aware of the decision being taken on this issue by your bank branch manager in Abuja,” the notice states, appealing directly to UBA’s top management to intervene.
The legal firm has demanded swift action from the bank to execute the garnishee order absolute and transfer the funds to Elder Achuba Simon’s designated Access Bank account.
