Awosika murder: Court warns against tempering with frozen Police funds

(Nigeria) A Lagos High Court, Wednesday, warned that there will be consequences if anything happens to the over N500 million frozen Police fund lodged with the Zenith Bank Plc.
Trial judge, Justice Olatunde Oshodi gave the warning at the hearing in the various applications by judgment debtors, garnishee and other interested party seeking to oppose compliance with the payment of N500m awarded to Mrs. Ebunoluwa Awosika, the widow of the slain banker, Modebayo Awosika, who was felled by the Police in Lekki, Lagos on October 1, 2008.
Until the time he was killed, Mr. Awosika, then 39 was a seasoned banker, a Relationship Manager with the First Bank of Nigeria Plc and the breadwinner of his entire family. 
Following the confirmation of Modebayo murder by a coroner's inquest, his widow commenced a fundamental rights action against the respondents at the Lagos High Court, wherein Justice Ebenezer Adebajo, now retired awarded damages against Inspector General of Police, Commissioner of Police, Lagos State, Deputy Commissioner of Police, Lagos State and the Divisional Police Officer, Maroko, Victoria Island.
The judgment creditor commenced garnishee proceedings to enforce compliance, when same was not obeyed by the Nigeria Police.
The garnishee proceedings was against seven of Nigeria’s commercial banks including Zenith Bank. 
On March 10, 2014,  a Lagos State High Court made a garnishee order nisi, attaching monies in the custody of the garnishees and their corresponding banks standing to the credit of Nigeria Police Force or under the control and/ or for the benefit of the Nigeria Police.
The court also directed the garnishees including Zenith Bank to file affidavits showing available balances in the accounts affected by the garnishee order.  
Pursuant to the order nisi, Zenith Bank by affidavit informed the court that only a total sum of N 97,658 was in its custody and affected by the order of the court thereby misleading the court to make an order nisi absolute. 
The judgment creditor having subsequently discovered that there are monies in the custody of Zenith Bank standing to the credit and or for the benefit of the Nigeria Police commenced fresh garnishee proceedings to recover the balance of the judgment sum. 
Contrary to the affidavits deposed to on behalf of Zenith Bank, as of March 10, 2014 when the court made the garnishee order nisi, there were monies sufficient to satisfy the judgment of the court in the suit in the custody of Zenith Bank which sums were not disclosed by the bank as directed by the court. 
As a result, the court made a new order nisi on May 20, 2014 attaching monies in a specifically named account in the custody of Zenith Bank.
The court further ordered amongst others, that the bank through any member of its management team but particularly Executive Director in charge of finance depose to an affidavit exhibiting the Statement of Account in respect of the said account.  
The affidavit was to be deposed to within three working days of the day the order was served on Zenith Bank. 
Counsel to judgment creditor, insisted that the order was not complied with and in view of such disobedience commenced contempt proceedings to ensure obedience with the court order. 
But at Wednesday,proceedings, counsel to Zenith bank, informed the court that his client has complied with the order in a further counter-affidavit deposed to by one Doyin Olowe attaching a balance of N589.5m to the credit of Police Academy. As a result, the court terminated the contempt proceedings. 
Also, counsel to the judgment debtors, withdrew his prayers seeking to discharge the garnishee order against the Police dated May 26, 2014 as well as the prayer to be granted leave to partake in the garnishee proceedings dated June 13, 2014.
With the consent of counsel, the court adjourned further hearing on the judgment debtors applications to November