Facts:

This appeal is an offshoot of the judgment of the Supreme Court in a pre-election matter in which the apex Court removed a member of the Delta State House of Assembly and ordered the removed member to refund whatever money he collected as a member of the Delta State House of Assembly. The order was later varied to the effect that the money returned by the removed member to the Delta State House of Assembly should be paid to the appellant as salaries, allowances etc. In order to enforce the judgment entered in his favour, the appellant approached the Federal High Court, Abuja Division vide a Motion Ex-Parte for a Garnishee Order Nisi to attach the 1st respondent’s funds in Guaranty Trust Bank Plc to satisfy the sum of N490,803,002 (Four Hundred and Ninety Million Eight Hundred and Three Thousand Two Naira) which the appellant believed comprised the salaries and allowances collected by the removed member from 1st respondent while representing Ughelli North Constituency II.
The trial court granted the Order Nisi against Guaranty Trust Bank Plc. The 1st Respondent was taken to be the judgment debtor to the appellant in the said application. Later the trial court made the Garnishee Order Absolute in the sum of N83,256,648.71 (Eighty Three Million, Two Hundred and Fifty-Six Thousand, Six Hundred and Forty-Eight Naira, Seventy-One Kobo) attaching same from the custody of Guaranty Trust Bank Plc. Again by another Motion Ex-Parte, the appellant proceeded to garnishee the monies of the 1st Respondent in Skye Bank Plc (2nd respondent).
The trial court granted the Decree Nisi against the 2nd respondent and directed the said Garnishee to appear and show cause why the Garnishee Order Nisi should not be made absolute. The 1st Respondent challenged the jurisdiction of the trial court to further embark on adjudicating on Garnishee proceedings against its funds. In its final decision, the trial court dismissed the preliminary objection filed by the 1st respondent and granted the Order Absolute in favour of the appellant. Dissatisfied with the judgment of the trial court, the 1st respondent appealed to the Court of Appeal. In a considered judgment, the Court of Appeal allowed the appeal and set aside the judgment of the trial court.
Dissatisfied with the decision of the lower court setting aside the order absolute, the appellant appealed to the Supreme Court.