The Federal High Court in Lagos on Monday vacated an order authorising 16 former council chairmen, councillors and non -elected council officials in Ekiti
State to recover a sum of N3 bn from the state government .
In his ruling , Justice I . N. Oweibo upheld the argument by the Ekiti State Attorney General and Commissioner for Justice , Mr Olawale Fapohunda , that the garnishee nisi order in favour of the ex -council chairmen, councillors and non -elected council officials was made in error .
The judge faulted the inclusion of non -elected LGAs officials in the computation which brought the claim against the state to N3 , 075 , 741 , 478 .
He directed the judgment creditors to explore an out-of -court resolution with the state, through its Attorney General .
The council chairmen, councillors and non -elected LGA officials , who were fired in 2010 during the first term of Governor Kayode Fayemi , are seeking to enforce a N3 bn judgment they obtained against the state at the Supreme Court in December 2016.
The apex court had upheld the appellate court ’ s decision nullifying their sacking by Fayemi and ordered that they be paid their salaries and allowances for the remaining two years they would have spent in office .
In a bid to enforce the judgment , the sacked LGA chairmen, councillors and non -elected LGA officials , through their lawyer , Mr Chino Obiagwu ( SAN ) , had obtained an order of the Federal High Court in Lagos to attach Ekiti State Government accounts in the Central Bank of Nigeria and all commercial banks for the purpose of taking the N3 , 075 , 741 , 478 , which the Supreme Court awarded in their favour .
But Ekiti State opposed the move, arguing that the judgment creditors failed to obtain the consent of the state’ s AG to garnish the accounts of the state government .
A litigation officer in the office of the Ekiti State Attorney General , Owoeye Opeyemi , said, in a further and better affidavit , that instead of writing to Fapohunda seeking his consent to recover the money , the judgment creditors wrote to the Attorney General of the Federation.
He described the N3 bn being claimed by the sacked LGA chairmen and councillors as bogus , contending that Ekiti State was not carried along when the sacked LGA chairmen hired a chartered accountant to arrive at the sum.