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Tag: Industrial Court

  • Industrial Court’s ex-president Adejumo appointed NJI administrator

    Industrial Court’s ex-president Adejumo appointed NJI administrator

    The immediate past president of the National Industrial Court of Nigeria (NICN), Justice Babatunde Adeniran Adejumo has been appointed as the Administrator of the National Judicial Institute (NJI) with effect from August 1 this year.

    Justice Adejumo, who retired from the NICN on October 1, 2019, is expected to succeed the incumbent, Justice Salisu Garba Abdullahi, whose tenure will end on July 31, 2025 after four years in office.

    This was made public in a statement on Thursday by Tobi Soniyi, the Senior Special Assistant (Media) to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun.

    The statement reads, “The Board of Governors of the National Judicial Institute under the distinguished chairmanship of the Chief Justice of Nigeria, Honourable Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, GCON, has approved the appointment of Honourable Justice Babatunde Adeniran Adejumo, OFR as the Administrator of the National Judicial Institute (NJI) with effect from August 1, 2025.

    “His Lordship succeeds Honourable Justice Salisu Garba Abdullahi, FCIARB, FCJEI, whose tenure as Administrator will conclude on July 31, 2025, after four years of dedicated and meritorious service.

    “This appointment was made by the Honourable Chief Justice of Nigeria, following due consultation with the Board of Governors, in accordance with the provisions of the National Judicial Institute Act.

    “The Honourable Chief Justice of Nigeria, Honourable Justice Kudirat Kekere-Ekun, expresses her profound appreciation to the outgoing Administrator for his tireless commitment and invaluable contributions to the growth and development of the Institute and the Nigerian judiciary as a whole.

    “Honourable Justice Babatunde Adejumo is highly respected jurist and a seasoned administrator, who served with distinction as President of the National Industrial Court of Nigeria until his retirement in 2019. 

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    “His wealth of experience and deep understanding of judicial administration are qualities that are expected to significantly enhance the Institute’s effort in promoting judicial capacity development and institutional innovation.

    “The National Judicial Institute remains as the apex institution responsible for the continuing education, training and development of Judicial officers and their support staff across all levels of the judiciary. 

    “It serves as a centre for excellence in judicial studies, with a mandate to promote efficiency, uniformity and improvement in the quality of judicial services nationwide.

    “The institute routinely conducts courses, workshops, conferences and other academic and professional programmes tailored to enhance the knowledge, performance, and ethical standards of judicial officers and personnel in line with global practices.”

  • Gov Bello V. Judiciary: Industrial court puts a spanner in the works

    IN a landmark but little celebrated judgement delivered days ago by the National Industrial Court, the Kogi State government was ruled out of order on two counts: withholding the amounts standing to the credit of the state judiciary in the consolidated revenue fund, and attempting to control and direct the staff of Kogi State judiciary. The state government had stopped the salaries and allowances of judicial workers since July last year. But according to Justice E.N. Agbakoba, the state government had clearly violated the provisions of the constitution, especially Section 121 (3) and Paragraph 2 (1) Item C Part II of the Third Schedule. The judge therefore ordered that the state government should pay the judiciary N1.529bn in 30 days.

    Governor Yahaya Bello unlawfully withheld the funds due to the state judiciary because he said they resisted his staff biometric and audit exercise and what he called pay parade. The judiciary had insisted he had no such powers to impose any such rules or methods on them, let alone withhold their allocation. To compel the government to comply with the constitution, the Kogi State chapter of the Judiciary Staff Union of Nigeria (JUSUN) went to court last March to seek an interpretation of where the governor’s powers began and ended on that vexed issue. The court has finally determined who acted unlawfully. But whether the state government can risk the ire of the courts by failing to pay the huge sum it claimed to have only withheld but not spent is another thing entirely.

    In both his 2019 budget speech and the New Year’s Day address, Mr Bello tried to sway the public behind his government by announcing that the judicial workers were only punishing themselves over their salaries and allowances lying idle in the bank. He claimed he had not touched the money, but that he only embargoed it. Not only does he not have the authority to withhold anything, it turns out, according to the courts, that he does not even have the authority to dictate to judicial workers or regulate their deployment or work. For a governor fighting for re-election, his abominable treatment of civil servants and judiciary workers is certain to be very problematic.

    Not too long ago, the National Judicial Council (NJC) sent a panel to Kogi State to mediate in the misunderstanding between the governor on the one hand and the chief judge, Nasir Ajanah, and judiciary workers on the other hand. The NJC, however, dithered. Indeed, before the governor told the visiting NJC panel that he could not work with the state’s chief judge, he had tried to instigate the House of Assembly to remove him. That effort came to nought on the altar of a High Court judgement in the state. But rather than point out the illegality of the governor’s action, the visiting NJC panel tried to placate him and even handled his contemptuous treatment of the judiciary with kid gloves. It has taken a resolute Industrial Court and a courageous and brilliant Kogi High Court to expose the impeachable actions of Mr Bello.

    Mr Bello has managed to pay one month out of the about 12 months salaries and allowances owed judiciary workers; and he took one month to find the money after the NJC admonished him to pay. Yet he claims not to have touched their allocation. The Industrial Court has determined that he has violated provisions of the constitution, and it has ordered him to make amends within 30 days. It remains to be seen whether he will comply or persist in his acts of impunity. He believes he will win his party’s primaries, and then go on to win a landslide in November’s governorship election. Perhaps he has started to believe he is a magician, no longer a politician. For a governor so completely lawless and so inept, a governor who owes civil servants years of salaries and openly lies about it, it beggars belief that he thinks so highly of himself. Yet he ought to consider himself extremely lucky to have ridden on the back of a governorship mandate he neither worked for nor deserved, either by virtue of his education or by dint of character. Re-election? That’ll be the day!

     

  • Industrial Court affirms jurisdiction in suits on company funds recovery

    The National Industrial Court of Nigeria sitting in Yola, Adamawa State capital, has held that the court has exclusive jurisdiction to determine civil suits to recover a company’s funds misappropriated by an employee.

    This was the verdict of the Presiding Judge of Yola Division, Justice Nelson Ogbuanya, in a suit by West African Cotton Ltd against Oscar Amos on the issue of jurisdiction raised by the defendant.

    The claimant said the defendant was employed as an accountant in charge of its Yola office  accounts unit in January 2008.

    The claimant accused Amos of embezzling and misappropriating the company’s money.

    Confronted with the allegations in February 2015, the defendant undertook to repay the missing sum, totaling N812,518.40.

    But, the defendant reneged on his promise and allegedly abandoned his duty post for over one year, prompting the claimant to replace him and file the suit.

    Amos said he asked for casual leave to enable him source for funds to replace the missing money.

    He said when he returned to office after the expiration of the casual leave on February 28, 2015 without the sum, he was orally directed to stay away from office until the issue was resolved by the claimant’s head office in Lagos, which he complied with.

    He counter-claimed, asking for the amount covering the five months he stayed away, during which his appointment was not formally terminated.

    In his verdict, Justice Ogbuanya upheld both the employer’s claims and the counter-claim in the sum of N500,000.

    He ordered a set-off to be applied and the employee to refund the balance to the employer within one month to end the employment relationship.

    Justice Ogbuanya held that the court had exclusive jurisdiction on the matter.

    “It is, therefore,  my humble but tenacious view and I hold that, whereas in the instant case, the claimant as an employer, takes the civil option and institutes a civil suit  to pursue an otherwise criminal claim (misappropriation of fund/criminal abuse of office) against its employee trusted with funds in the course of duty at work place, and carefully couch the claim as a civil action (recovery of missing/misappropriated funds) and is ready to establish the case as a civil claim and to discharge the onerous evidential burden placed thereby (for making criminal allegation in civil claim), the National Industrial Court is not only the appropriate court to ventilate the claim, but it also has exclusive jurisdiction to entertain the civil suit, for recovery of misappropriated fund at work place in the course of duty by an employee.

    “In other words, the National Industrial Court of Nigeria has exclusive jurisdiction over civil claims for recovery of misappropriated funds by employee in the course of employment, pursuant to S.254C (1) (a) Constitution of Federal Republic of Nigeria (as Amended by the 3rd Alteration Act 2010), which granted this Court an exclusive jurisdiction, in such civil causes or matter ‘relating to or connected with any labour, employment…and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matters incidental thereto or connected therewith.’”

  • Gwarzo goes to industrial court

    Suspended Securities and Exchange Commission (SEC) Director-General, Mr Mounir Gwarzo has headed for the National Industrial Court (NIC) to challenge his suspension by the Minister of Finance, Mrs Kemi Adeosun.

    In the case filed by his lawyers: Messrs A.U Mustapha, SAN & Co, Gwarzo stated that Mrs Adeosun, lacked the power to suspend him, arguing that only the President can suspend him with the approval of the Senate.

    Gwarzo is also contending that the Administrative Panel of Inquiry (API) set up by Mrs Adeosun was not properly constituted to be fair, impartial and unbiased in view of the fact that the Minister had already adjudged Gwarzo guilty of “proven cases of financial misconduct, unlawful carting away of sensitive documents”.

    He is seeking an order of the court reinstating him as SEC DG and payment of all his entitlements, emoluments, allowances and other perquisites for the period he was under the purported suspension.

    Gwarzo is also seeking an order of court setting aside the panel constituted by the Minister and the entire proceedings of the so called API as same negates the principle of natural justice. Joined as defendants in the case were SEC, Mrs Adeosun and the Attorney-General of the Federation

     

  • Alleged N104.8m fraud: Gwarzo heads for Industrial Court

    Barely a day to his arraignment before the High Court of Federal Capital Territory (FCT), the suspended  Director-General, Securities and Exchange Commission (SEC), Dr. Mounir Gwarzo, has filed a matter at the Industrial Court in Abuja.

    Gwarzo, who sued  SEC, the Minister of Finance, Mrs. Kemi Adeosun and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, asked the Industrial Court to declare his suspension illegal.

    But the Independent Corrupt Practices and Other Offences Related Commission (ICPC) yesterday finalised plans to arraign Gwarzo and a former Commissioner of SEC, Mr. Zakawanu Garuba for trial over alleged N104.8 million severance payment fraud.

    According to the charge sheet, both Gwarzo and Garuba will face four-count charges at the FCT High Court.

    The charges are as follows:

    • That you, Dr. Mounir Gwarzo sometimes in June 2015 or thereabout while being a public officer used your position as the Director-General of SEC to confer corrupt advantage upon yourself when you received N104, 851, 154.94 as severance benefit whereas you were yet to retire, resign or disengage from the service of SEC and you thereby committed an offence and punishable under section 312 of the Penal Code Act, Cap 532 Volume 4 Laws of the Federal Capital Territory Abuja, 2007;
    • Confer corrupt advantage upon yourself when you received the sum of N10,983,488.88 in excess of car grant payable to you and you thereby committed an offence contrary to and punishable under section 19 of the Corrupt Practices and Other Related Offences Act, 2000
    • That you Zakawanu Garuba (m) on or about June, 2015 while being a public officer used your position as a Commissioner in the Securities and Exchange Commission (SEC) to confer corrupt advantage on another public officer to wit: approving the sum of N104, 851,154.94 as severance benefit to the then DG of SEC, Gwarzo when he was yet to retire, resign or disengage from the service of SEC and you thereby committed an offence contrary to and punishable under section 19 Corrupt Practices and Other Related Offences Act, 2000;
    • That you Zakawanu Garuba (m) used your position as a Commissioner in SEC to confer corrupt advantage upon another public officer to wit: approving in excess of car grant payable to the Gwarzo and you thereby committed an offence contrary to section 19 of the Corrupt Practices and Other Related Offences Act 2000.

    The spokesperson of ICPC, Mrs. Rasheedat Okoduwa said: “We have been notified by the court that the arraignment of the two suspects (Gwarzo and Garuba) will hold on Tuesday.”

    But Gwarzo, through his counsel,  Mr. A.U. Mustapha (SAN) yesterday filed a different matter in the Industrial Court seeking to nullify his suspension by the Minister of Finance, Mrs. Kemi Adeosun.

  • Tasks before new Industrial Court chief registrar

    Olurotimi Williams Daudu has assumed duties as Chief Registrar (CR) of the National Industrial Court of Nigeria (NICN) following his confirmation by the Federal Judicial Service Commission (FJSC). Eric Ikhilae writes on the tasks before him.

    Until his confirmation by the Federal Judicial Service Commission (FJSC) on March 8, Olurotimi Williams Daudu acted as Chief Registrar (CR) of the National Industrial Court of Nigeria (NICN), following the exit of John Iyorngee Targema last July.

    Since his confirmation, members of the legal community have continued to eulogise him, with many arguing that his appointment conformed with Section 37 (1) of the NIC Act, which stipulates, among others, that the FJSC “may from time to time, appoint a fit and proper person to be the Chief Registrar of the court …”

    A former Attorney-General of the Federation (AGF) and Minister of Justice, Adetokunbo Kayode (SAN), said Daudu’s appointment was well-deserved.

    Kayode, President of Abuja Chamber of Commerce and Industry (ACCI), was optimistic that, with his track record, Daudu would surpass expectations.

    He said: “As a chartered mediator, who has undergone several capacity building trainings, locally and globally, on courses relating to court administration, case management, labour and industrial relations law, practice and procedure, Alternative Dispute Resolution, (ADR), who is equally adequately equipped with high level of proficiency in the use of modern day technology, his wealth of knowledge is of great essence to NICN.”

    The ex-AGF was further quoted in a congratulatory message issued by ACCI’s Media and Protocol Officer, Lubem Gena, as saying: “It is therefore, with great joy that I received the appointment of Dauda Esq. as the substantive Chief Registrar of the NICN. I view this appointment and a well-deserved and also a timely one.

    “With the track record of achievements and the niche he has carved for himself, I have no doubt that he will perfectly perform the duties and responsibilities of his office consequent upon which justice administration in this critical area will be positively affected.”

    Others have also observed that his law background and training as a consummate court administrator would be of great benefit to the court, because Daudu mounted the saddle at a time the NICN was beginning to attract enhanced attention in view of the 2017 decision of the Supreme Court, which cleared the air on the earlier assumption that there was restriction on the right of appeal in relation to the court’s decisions.

    Before the judgment, the general impression had been that Section 9(1) & (2) of the NIC Act and Section 243(2) and (3) of the Constitution (Third Alteration) Act 2010 limited instances of right of appeal from decisions of the NIC.

    But, a five-man panel of the Supreme Court, in the judgment delivered last June 30, in a majority decision of four against one, held that the Court of Appeal was with exclusive appellate jurisdiction over all decisions of the NIC.

    The apex court held among others, that the jurisdiction of the Court of Appeal to hear and determine all civil appeals on decisions of the NIC was not limited to only fundamental human rights.

    Justice Centus Nweze, who read the lead (majority) judgment, identified the key issue to be determined as, “Whether the Court of Appeal, as an appellate court created by the Constitution of the Federal Republic of Nigeria, has the jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals arising from decisions of the NIC.”

    Justice Nweze held: “The lower court, that is, the Court of Appeal, has the jurisdiction, to the exclusion of any other court in Nigeria, to hear and determine all appeals arising from the decisions of the trial court. No constitutional provision expressly divested the said Court of Appeal of its appellate jurisdiction over all decisions on civil matters emanating from the trial court.

    “And, as a corollary, the jurisdiction of the court to hear and determine all civil appeal on decisions of the National Industrial Court is not limited to only fundamental human rights.These shall be the opinions of this court and shall be transmitted to the Lagos division of the Court of Appeal for its guidance in determining the appeal before it.”

    Justice Kumai Akaahs, however, gave a minority judgment disagreeing with the majority opinion. He believed that leave of the Court of Appeal was required to hear an appeal against NIC’s decisions on strictly civil matters.

    Justice Akaahs said beside criminal and fundamental rights decisions, there was need for leave of the Court of Appeal to appeal purely civil cases.

    The judgment of the apex court was on an appeal marked SC/885/2014, filed by Skye Bank Plc, with Victor Anaemem Iwu as respondent, as a referral from the Court of Appeal, Lagos on constitutional questions.

    Being NICN’s CR

    A Chief Registrar of the NICN is saddled with the responsibility of coordinating the activities of the court’s five core departments, namely Personnel, Litigation, Finance & Accounts, Procurement & Stores and Library.

    He works closely with the court’s President and must ensure the court’s seamless functioning.

    The CR’s functions is further spelt out in Section 37 (1) of the NIC Act.

    He is seized of custody of the court’s records and “shall perform such duties in execution of the powers and authorities of the court as may, from time to time, be assigned to him by Rules of Court and, subject thereto, by any special order of the President of the court.”

    The man Daudu

    Daudu obtained his first degree in Law from Obafemi Awolowo University (OAU), Ile-Ife in 1997. He was called to the Bar in 1999.

    In 2000, he obtained his first Master’s Degree in Law (LLM) from OAU, and another LLM from the University of Calgary, Canada (2008) under the Government of Canada funded research programme.

    Daudu, a certified Mediator by the Henning Mediation Centre, Atlanta, Georgia, U.S.A, is a Fellow of the Weinstein International Fellowship in Alternative Dispute Resolution (ADR).

    He is a member of the Nigerian Bar Association (NBA), International Bar Association (IBA), the IBA Committee on Academic & Professional Development Associate, the Chartered Institute of Arbitrators – UK & North America, among others.

    Daudu was an active student unionist in his undergraduate days. He represented the faculty of law at the Students’ Representatives Council (SRC) between 1993 and 994; was the Chairman of the old Ondo State Students’ Union, OAU in 1994 and served as the Public Relations Officer (PRO) of Great Ife Students Union’s Caretaker Committee in 1995.

    His career path

    Daudu began his career in private practice at Chief Adeniyi & Co between 1999 and 2000 when he joined the Ondo State Ministry of Justice as a State Counsel. He rose to the position of Assistant Chief Legal Officer. After obtaining his second LLM, he worked in the capacity of Legal Support at the Calgary Prosecutors Office, Alberta, Canada.

    On his return to Nigeria in 2010, Daudu joined the NICN as the Special Assistant to the Court’s President. He held this position until his appointment in 2017 as the Acting Chief Registrar.

    He ensured, for the first time in the court’s history, the organisation of an end-of-year party and award night to appreciate members of staff.

    Bula Shuaibu Gajere (from Gombe State) of the Accounts Department, was honoured as the staff of the year at the well-attended event, which held last December 19.

    Daudu’s speech at the event gave staffers a peep into his mind. He did not only appreciate them for their dedication and sacrifice to work, Daudu promised that the court would continue to provide them with a conducive work environment.

    He assured them that their welfare would to be of top priority to management and urged them to improve on their commitment to duty.

    Daudu further assured them that the end-of-year award night had come to stay.

    This, among others, perhaps, accounted for the enthusiasm with which the court’s staffers received Daudu’s confirmation as the substantive Chief Registrar.

  • Industrial Court has one territorial jurisdiction, judge rules

    Justice Nelson Ogbuanya of the National Industrial Court of Nigeria (NICN), Yola Division,  has                         held that the court has one jurisdiction throughout the country.

    He ruled that it is not necessary for a claimant to obtain leave of court and endorse his processes before it can be served in a state for an action commenced in another state in Nigeria.

    His Lordship ruled on a preliminary objection filed by the Federal Road Safety Commission (FRSC) through its counsel I. D. Midala.

    The defendant had argued that the claimant, Yusuf Yahaya, commenced the suit outside Abuja and served it in the Federal Capital Territory without first obtaining the court’s leave to file and serve the processes out of jurisdiction.

    Midala contended that by the combined provisions of Order 8, Rule 1 and 3 of the NICN (Civil Procedure) Rules 2017 and Section 97 of the Sheriff and Civil Process Act, the claimant ought to have obtained leave to serve the defendant, who is based outside the court’s jurisdiction.

    He cited the Supreme Court cases of M.V Arabella vs NIAC (2008) and Drexel Energy and Natural Resources Lit and 2 ors vs Trans International Bank Ltd & Ors (2008).

    The counsel added, among other arguments, that the court lacked the jurisdiction to determine the matter, being incurably defective.

    But, the claimant’s counsel, S. Wilson, argued that the court’s rules states that the NICN has one jurisdiction throughout the federation, and urged the court to dismiss the objection.

    In his ruling, Justice Ogbuanya noted that lower courts were bound by decisions of superior courts based on the principles of stare decisis and judicial precedents, but are allowed to distinguish the factual application  of the principles of the cases .

    While acknowledging that the Supreme Court in M.V Arabella emphatically held that the respondent was outside the jurisdiction of the Federal High Court sitting in Lagos, where the writ was issued from, Justice Ogbuanya, however, distinguished the cases, finding that the legal principles and facts were not similar.

    According to the judge, the Supreme Court, in the cases, based its decisions on the fact that there was nothing in the Federal High Court’s Act or its rules that excluded the application of the provisions of the Sheriff and Civil Process Act regarding the requirement for leave and endorsement of processes.

    He said that was not the case with the NICN’s Rules.

    “In the instant case, the provisions of the NICN (CP) Rules 2017 clearly exclude the application of the provisions of the Sheriff and Civil Processes Act,” the judge said.

    Justice Ogbuanya held that NICN has only one territorial jurisdiction within Nigeria, as ‘out of jurisdiction’ in the rules mean “out of Nigeria/foreign territory”.

    Another distinguishing feature of the Supreme Court’s decision, the judge said, was that it relied on the now repealed Federal High Court Rules of 1976.

    He held that the apex court’s decision would not be the same under the current FHC 2009 Rules and under the extant NICN Civil Procedure Rules 2017.

    Justice Ogbuanya said the NICN rules of 2017 has clarified and expanded on the court’s jurisdiction to be “only one jurisdiction throughout the territory of Nigeria”.

    Among other reasons, he held that the arguments made by the defence counsel were inapplicable to the matter, as the originating processes were served within Nigeria.

    “I also need to add and hold that the general provisions of the Sheriffs and Civil Process Act cannot override the specific provisions of the Rules of this court, which derives its force directly from the Constitution and its enabling statute, the NIC Act 2006,” Justice Ogbuanya said.

    According to the Judge, “where there is a specific law and a general law on the same issue, the specific law prevails”.

    “Accordingly, I hold that this notice of preliminary objection is grossly misconceived, and is hereby discountenanced and dismissed. Ruling is entered accordingly,” Justice Ogbuanya ruled.

     

     

     

  • MTN faults Industrial Court order to pay ex-staff N4.8Bn

    MTN faults Industrial Court order to pay ex-staff N4.8Bn

    MTN Nigeria Communications Limited has faulted the judgement of the National Industrial Court of Nigeria (NICN), Akure Division, which ordered the company and MTN International, Mauritius, to pay its former Network Group Operations Manager, Mr Paul Odunewu, $13,419,728.54, £10,000 and N2,540,000 (totalling N4, 825,036,735.9) following alleged wrongful termination of employment.

    Justice Oyejoju Oyewunmi gave the order on Wednesday, September 27, 2017 following Odunewu’s suit challenging his 2006 termination and the deprivation of his entitlements including share options valued at $13,144,512.00.

    In a statement on Saturday responding to the judgment, the telecommunication company said the position of the National industrial Court on the suit filed by its former employee is “detrimental to our interests.”

    “The court’s position has been reviewed by our internal and external counsels. Following that review, we have approached a higher court requesting that the decision of the industrial court be set aside.

    “We believe that there are critical elements of our case which were not fully considered by the lower court before taking its position. We are confident that the outcome at the superior court will be different and that justice will not only be done but will be seen to be done in this case, “ the company stated,

    MTN said it is committed to a policy of openness, integrity, diligence and professionalism in the conduct of business – with customers, shareholders and each other.

    “Our Code of Conduct stipulates high labour standards regarding all our employees. In addition we have processes in place to ensure that we act in accordance with international standards and local laws.

    “ We therefore maintain that we treat all our employees fairly, as captured in the details of our employment contracts, signed and legally binding.  This situation was no different. The most basic commitment we make – to our customers, our shareholders, and each other – is to conduct ourselves in an ethical, honest and respectful manner”.

    MTN Group Limited, South Africa; MTN Nigeria and MTN International, Mauritius were first, second and third defendants in the suit which lasted 10 years from the Lagos State High Court to the NICN.

    Justice Oyewunmi ordered that the sums be paid by the second and third defendants, “except the issue of costs which is to be paid by all the defendants.

    The judge ordered MTN to make the payments within 30 days following which the sums would appreciate at 21 percent interest per annum.

    In reaching judgment, the court agreed with the submissions of Odunewu’s counsel, Mr Kemi Balogun (SAN) that MTN unfairly imposed a restraint of trade on Odunewu, thus preventing him from working for a period.

    The judge upheld Mr Balogun’s submission that the evidence showed that Odunewu neither committed any serious, persistent breach of the provisions of the agreement or the company’s code, nor was ever summoned to a disciplinary committee or found guilty of any misconduct or non-performance.

     

    Justice Oyewunmi observed, among others, that the defendants failed to controvert the testimony of a former MTN Chief Executive Officer, Mr Adrian Wood, regarding the offers made to Odunewu which persuaded him to quit his job in The United Kingdom and join MTN. Odunewu, a UK-based chartered engineer, was employed by MTN Nigeria in 2001.

    He said MTN pleaded with him to return home from the UK and help the company to develop its telecommunications in Nigeria. He averred that he was promised, among others, a Share Option, a long-term incentive scheme being developed by MTN. Odunewu said when he complained that the Share Option was not contained in his offer letter, MTN persuaded him to accept the job, adding that he would be entitled to the shares after three years.

     

    Odunewu said he worked at MTN for over four years, and was responsible for the network’s outstanding achievements, which continues till date. The former manager said he was responsible for the company’s pre-paid and post-paid revenue, subscription, voucher management and real-time charging. Odunewu commenced the suit against the defendants in 2007 before the High Court of Lagos State, but in 2012, it was transferred to and began afresh at NICN which had exclusive jurisdiction. Trial commenced on January 29, 2014.

  • Demystifying the Industrial Court?

    SIR: It is implicit in every adjudicatory process that a court of law cannot be one of first approach as well as that of last resort. The general appellate jurisdiction of the Court of Appeal is conferred on it by Section 240 of the Constitution of The Federal Republic of Nigeria 1999 (As Amended). Of note, the said Section 240 is however “subject to the provisions of the constitution”.

    Consequently, given the provisions of Section 243(3) of the constitution, appeals from the decisions of the National Industrial Court of Nigeria (NICN) to the Court of Appeal is only that of appeal as of right on questions of fundamental rights as contained in Chapter IV of the Constitution as well as in criminal cases as they relate to matters upon which the National Industrial Court of Nigeria has jurisdiction to entertain, thus, making the Court the final or Supreme Court in such civil suits. This was the position of the Court of Appeal in Lagos Sheraton Hotel And Towers Vs. Hotels And Personal Services Senior Staff (2014) LPELR 23340 (CA) as affirmed by a full panel of the Court of Appeal in Coca-Cola (Nig) Ltd & 2 Ors Vs. Akinsanya (2013) 1 ACELR 28 and in Zenith Bank Plc. V. Durugbor CA/L/116M/2014 reported in (2015) LPELR – 24898 (CA).

    That remained the position of the law until the apex Court on June 30, in Mainstreet Bank Ltd  (now Skye Bank Limited) vs Victor Anaemen Iwu and Coca-Cola Nigeria Limited vs Mrs. Titilayo Akinsanya, the consolidated appeals that came by way of reference under Section 295 of the 1999 Constitution, held that there was no constitutional provision divesting the Court of Appeal of jurisdiction to hear appeals emanating from the NICN.

    The Pros of the decision of the apex Court are as follows: the need for a balance in the application of the law so as to check arbitrariness; to protect against miscarriage of justice; appeals ensure a better decision making system; it is a necessary feature of every system of adversarial administration of justice that errors in the judicial process should be capable of being corrected, reversed or varied at a higher level; the NICN already has the wide powers to depart from applying the provisions of the Evidence Act to proceedings before it, the litmus test being the generic use of ‘interest of justice’ where it so decides; Court actions seeking to enforce fundamental rights of citizens are readily accommodated at the traditional fora for such, viz the Federal High Court and the High Court, hence nothing special about fundamental rights appeal jurisdiction imbued on NICN; need for expeditious dispensation of cases should not be sacrificed on the altar of proper adjudication by way of appeals.

    The Cons of the decision of the apex Court are as follows: the shortfalls of NICN having finality of decisions may still be made by the appellate court; the need to ensure a speedy resolution of labour disputes; the peculiar nature of cases touching on employer-employee relationship requiring prompt adjudication; further entrenches an imbalance in employment relations in the face of mounting unemployment, underemployment, disguised employment relations problems, amongst others; non recognition of inequality of  bargaining powers; costs of appeals will negatively affect aggrieved employees; likelihood of objections as to the merit of the exercise of right of appeal, amongst others.

    Flowing from the above, it can be gleaned that the position of the apex court has left some germane issues that need to be addressed to uphold the rationale for the establishment of the NICN.

    Unless these issues are addressed, the resultant effects on the already clogged dockets of the Court of Appeal will be unpalatable. It is respectfully submitted that in the interim, aggrieved workers can seek solace by exploring the provisions of the Rules of the appeal Court with respect to litigants appealing or defending as persons without means.

     

    • Michael O. Ogunjobi Esq.

    Lagos.

  • Industrial Court gets 19 new judges

    Industrial Court gets 19 new judges

    The number of judges of the National Industrial Court of Nigeria (NICN) has been raised by 19, following Acting President Yemi Osinbajo’s approval.

    National Judicial Council’s (NJC’s) Director of Information Soji Oye, said in a statement that the approval followed a recommendation by the NJC.

    Oye said the new judges will “be sworn-in by the Chief Justice of Nigeria (CJN) and NJC’s Chairman, Justice Walter Onnoghen on Friday, 14th July, 2017, by3.00pm at the Supreme Court of Nigeria.”

    The new judges are: Targema John Iorngee (Benue State); Namtari Mahmood Abba (Adamawa State); Nweneka Gerald Ikechi (Rivers State); Kado Sanusi (Katsina State); Adeniyi Sinmisola Oluyinka (Ogun State) and Abiola Adunola Adewemimo (Osun State).

    Also on the list are: Opeloye Ogunbowale A. (Lagos State); Essien Isaac Jeremiah (Akwa-Ibom State); Elizabeth Ama Oji (Ebonyi State); Arowosegbe Olukayode Ojo  (Ondo State); Ogbuanya Nelson S. Chukwudi (Enugu State) and Bashir Zaynab Mohammed (Niger State).

    Others are: Galadima Ibrahim Suleiman (Nasarawa State); Bassi Paul Ahmed (Borno State); Danjidda Salisu Hamisu (Kano State): Hamman Idi Polycarp (Taraba State); Damulak Kiyersohot Dashe (Plateau State); Alkali Bashar Attahiru (Sokoto State) and Mustapha Tijjani (Jigawa State).