24th December 2025, NewsOrient, Law And Society, Business And Economy, News

The United Bank for Africa Plc (UBA) may lose three of its branches in Abuja and other areas if it fails to comply with a court order directing the release of over N1 billion from Kogi State Government accounts to settle a judgment debt owed to former Kogi Deputy Governor, Elder Achuba Simon.

This development followed a garnishee order absolute issued by the National Industrial Court in Abuja on 27th November 2025, which specifically instructed UBA to transfer N1,070,860,138, alongside N2 million and N1 million in costs, from the state government’s accounts to the judgment creditor’s Access Bank account.

According to legal documents dated 22nd December 2025 and signed by Samuel Ogala Esq of Falana & Falana Chambers, the bank has failed to execute the court directive despite multiple rulings in favour of enforcement.

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 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.

Meanwhile, the legal team Elder Simon Achuba has filed a motion ex- parte which was as well heard on 18/ 12/25 asking the court to attach UBA moveable and immovable properties.

The court ruled that the parties be put on notice and adjourned the case to 14/1/26.

If the court grants the legal team prayers on 14/1/26, UBA risks losing moveable properties and three branches attached.

~ Published By NewsOrient Network

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