C.B.N. V. OCHIFE (2025) 12 NWLR (PT. 2000) 1
ON MEANING OF “PUBLIC OFFICER”
The term “public officer” includes a public department. Therefore, an artificial person, a public office, or a public body is a public officer. [Ibrahim v. J.S.C. (1998) 14 NWLR (Pt. 584) 1 referred to.] (P. 112, paras. A-B)
Section 18(1) of the Interpretation Act defines the term “public officer” as a member of the public service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria or of the public service of a State. (P. 112, paras. C-D)
C.B.N. V. OCHIFE (2025) 12 NWLR (PT. 2000) 1
ON WHETHER GOVERNOR OF CENTRAL BANK OF NIGERIA IS A PUBLIC OFFICER AND PROPER PARTY TO SUE IN GARNISHEE PROCEEDINGS AGAINST CENTRAL BANK OF NIGERIA
The Central Bank of Nigeria is an agency of the Federal Government established by the Central Bank of Nigeria Act, which is an Act of the National Assembly. It is the staff of the Central Bank of Nigeria that qualify as members of the public service of the Federation, not the Central Bank of Nigeria itself as an institution or agency.
Thus, it is the Governor of the Central Bank of Nigeria that could be sued as garnishee in garnishee proceedings. While it may be argued, albeit contrary to the subsisting decision of the Supreme Court in Ibrahim v. J.S.C. (1998) 14 NWLR (Pt. 584) 1 that the Central Bank of Nigeria as an institution may not be a “public officer”, but the Governor of the Central Bank of Nigeria is a “public officer” and cannot escape the burden of being a garnishee where appropriate.
The argument that an institution like the Central Bank of Nigeria is not a public officer cannot of itself detract from the purport of section 84 of the Sheriffs and Civil Process Act to exclude its applicability to the Central Bank of Nigeria through its principal officers.
In effect, whether it is the institution or the principal officers that are brought as garnishee, until the constitutionality of section 84 of the Sheriffs and Civil Process Act is determined, the provision still remains applicable. [C.B.N. v. Access Bank Plc (2022) LPELR 7017 referred to.] (Pp. 113-114, paras. E-C)
C.B.N. V. OCHIFE (2025) 12 NWLR (PT. 2000) 1
ON MEANING OF “PUBLIC SERVICE OF THE FEDERATION” AND WHETHER CENTRAL BANK OF NIGERIA AND OR ITS STAFF ARE MEMBERS THEREOF
By virtue of section 318(1) of the 1999 Constitution, “public service of the Federation” means the service of the Federation in any capacity in respect of the Government of the Federation and includes service as:
(a) clerk or other staff of the National Assembly or of each House of the National Assembly;
(b) member of staff of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, Abuja, Sharia Court of Appeal of the Federal Capital Territory, Abuja, the Customary Court of Appeal of the Federal Capital Territory, Abuja, or other Courts established for the Federation by the Constitution and by an Act of National Assembly;
(c) member of staff of any commission or authority established for the Federation by the Constitution or by an Act of the National Assembly;
(d) staff of any Area Council;
(e) staff of any statutory corporation established by an Act of the National Assembly;
(f) staff of any educational institution established or financed principally by a Government of the Federation;
(g) staff of any company or enterprise in which the Government of the Federation or its agency owns controlling shares or interest; and
(h) members or officers of the armed forces of the Federation of the Nigeria Police Force or other government security agencies established by law.
So, being a member of the public service of the Federation can only mean being a staff in the service of the Federation in any capacity including being a staff of any of the bodies enumerated above. The Central Bank of Nigeria is an agency of the Federal Government established by the Central Bank of Nigeria Act, which is an Act of the National Assembly.
It is the staff of the Central Bank of Nigeria that qualify as members of the public service of the Federation, not the Central Bank of Nigeria itself as an institution or agency. (Pp. 112-113, paras. D-E)