The Federal High Court in Makurdi, Benue State Capital, has granted an interim order restraining the Central Bank of Nigeria (CBN) from paying a N4 billion tranche of promissory notes meant for the settlement of compensation arising from the 2001 Zaki-Biam massacre. This decision was made by Justice Joshua Raphael Egbe on Wednesday, 30 September 2026. The order was granted in favour of the Judgement Creditors to preserve the subject matter of the suit pending the hearing of a motion on notice filed by the plaintiffs.
The court's decision followed an ex parte application by the plaintiffs' counsel, led by B. T. Adanyi, Esq, who represented the Judgment Creditors. They argued that the N4 billion tranche was due for payment on 9 October and that the subject matter of the suit could be "dissipated" if the payment was made before the court determined the issues raised in the substantive application. This move was aimed at preventing the dissipation of the subject matter of the suit.
The case arose from the military invasion of Katsina-Ala, Kwande, Kum and Logo Local Government Areas, popularly known as the "Zaki-Biam Massacre" in 2001. Victims of the massacre subsequently instituted legal proceedings against the Federal Government. The plaintiffs initially obtained a judgment of N41.8 billion, following which the Federal Government appealed the decision. Later, the Federal Government opted for an out-of-court settlement, resulting in a consent judgment of N8 billion entered by the Court of Appeal.
The Court of Appeal ordered the payment of the Judgement Sum into a bank account approved by the Judgment Creditors. However, the present dispute arose from the issuance of Promissory Notes in respect of the N8 billion Judgment Sum. The plaintiffs alleged that strange persons who are not among the judgment creditors obtained them. This development prompted the plaintiffs, who are the Judgment Creditors, to seek an urgent preservative order from the court.
The plaintiffs were concerned that payment of the Judgement Sum via Promissory Notes before the court determined the issues could frustrate the proceedings. In response, Justice Egbe granted the reliefs sought in the ex parte application, directing that the subject matter be preserved pending the hearing of the motion on notice within 14 days. This order effectively halted the payment of the N4 billion tranche.
Counsel to the seventh defendant, P.N. Joji, who held the brief of Barrister Darlington Onyekwere, asked the court for time to enable the 7th Defendant, J. K Gadzama, SAN, to file his response to the processes served on him. There was no objection from counsel representing the defendants to the court's decision. The court's order is expected to provide a temporary reprieve to the plaintiffs.
The CBN has expressed its willingness to comply with the court's order. Counsel to the CBN, Professor Chukwuemeka Anyogu, told journalists that the apex bank had no dispute with complying with whatever order the court made in the matter. The CBN's role, according to Anyogu, is to comply with the law and the directives of the relevant authorities concerning the payment of the Judgement Sum.
Key points
- The Federal High Court has restrained the CBN from paying a N4 billion tranche of promissory notes meant for the settlement of compensation arising from the 2001 Zaki-Biam massacre.
- The court's decision was made to preserve the subject matter of the suit pending the hearing of a motion on notice filed by the plaintiffs.
- The CBN has expressed its willingness to comply with the court's order.
