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Tag: National Industrial Court of Nigeria (NICN)

  • Ogun govt, others sued over AMORAN leadership

    Ogun govt, others sued over AMORAN leadership

    A transport magnate, Otunba Nurudeen Aina popularly known as Alowonle has asked the National Industrial Court of Nigeria (NICN), Ibadan, to declare him the authentic chairman of the incorporated Motorcycle Owners and Riders Association of Ogun State (AMORAN),

    He prayed the court to nullify the swearing of the Otunba Taofeek Sokoya as chairman.

    The claimant prayed the court to declare that the office of the chairman was not vacant and that Sokoya did not hold any executive office.

    The 1st to 5th respondents respectively  in the suit marked NICN/IB/07/2025, are  the incorporated trustees of Incorporated Motorcycle Owners and Riders Association of Ogun State (AMORAN), Governor of Ogun State , the Attorney General of Ogun State and Commissioner for Justice, Commissioner for Transport Ogun State, and Otunba Taofeek Sokoya (a.k.a Danku).

    The claimant in the Originating Summons filed by his counsel, Mr Bamidele Ogundele of B.P. Ogundele & Co. of Castle of Justice Chambers, is praying the court to declare that Sokoya  is not the proper person to be sworn in as acting chairman in the absence of the applicant who was on leave of absence for four months.

    The claimant’s Originating Summons was brought pursuant to Order 3 Rule 3 of the National Industrial Court of Nigeria, Civil Procedure Rules, 2017 and section 254(C) of the of 1999 Constitution of the Federal Republic of Nigeria as amended.

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    The suit was also filed in line with Section 9(C), 10,11,14(1)&(2) of the Constitution of the incorporated Trustees of Articulate Trust Motorcycle Owners & Riders Association (AMORAN).

    Aina is praying the court for an order declaring that there is no vacancy in the office of the applicant to warrant the fifth respondent being sworn in by virtue of provisions of Section 16(a)&(b) of the 1st respondent Constitution.

    He is, therefore, praying for an order of the court to restrain Sokoya, the fifth respondent from parading himself as the chairman of the association.

    “An order of the court mandating the 2nd, 3rd and 4th respondents as regulatory authorities to recognise the applicant as the legal and lawful chairman of the first respondent.

    “Applicant is not the legal chairman of the 1st respondent association by virtue of the fact that his term of office tenure is three years that expired by September, 2026 and still subsisting.”

    He further stated that the 5th respondent did not occupy any of executive position/offices listed in Section 9(a)&(b) of the Constitution of the 1st respondent.

    “That upon the expiration of the leave of absence, the applicant automatically reverts to the position of chairman of the last respondent, while the acting chairman reverts back to the position of vice chairman.

     “That the applicant’s return to the position as chairman on the December 4, 2024 is still within the applicant’s second term as the lawfully elected chairman of the first respondent”

  • Court reinstates sacked Lagos Assembly Clerk

    Court reinstates sacked Lagos Assembly Clerk

    Justice Maureen Nkechinyereuho Esowe of the National Industrial Court of Nigeria (NICN), sitting in Lagos, has ordered the immediate reinstatement of Olalekan Onafeko as the Clerk of Lagos State House of Assembly with immediate effect.

    The court in a ruling ordered the immediate removal of the new Clerk of the house, Ottun Babatunde.

    Onafeko was removed following the ouster of the former Speaker, Mudashiru Obasa, on January 13.

    The order of the NICN Lagos, issued yesterday, followed an ex-parte application filed before the court by Onafeko through his counsel, Yusuf Nurudeen.

    Lagos State Government, Lagos State Civil Service Commission, Lagos State House of Assembly Service Commission, the Speaker, Lagos State House of Assembly, Attorney-General of Lagos State and Babatunde were listed as defendants in the matter

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    In the suit marked NICN/LA/23/2025, the claimant had sought an interim injunction restraining the six defendants from parading any individual, including Babatunde, as the Clerk of the Lagos State House of Assembly, pending the hearing and determination of the motion on notice for interlocutory injunction filed before the court.

    Justice Esowe, in her ruling on February 20, granted Onafeko’s request for an interim injunction to prevent Babatunde from continuing to act as Clerk of the House.

    The judge directed that both parties maintain the peace and preserve the status quo until the full hearing of the case, which has been scheduled for March 3.

    “That both parties shall maintain the peace and status quo ante bellum until the motion on notice is heard and determined,” Esowe said.

  • Wrongful sack: Court orders bank to pay ex-staff N23m

    The National Industrial Court of Nigeria (NICN) in Abuja has faulted the process leading to the disengagement of a Zenith Bank Plc employee.

    The court ordered the bank to pay Gabriel Mahanan Ajane, who was an Assistant Manager, about N23million in compensation, which is to attract 17 per cent annual interest until the judgment debt is paid.

    Justice Ebiye Isele noted that although an employer can suspend or terminate an employee’s appointment with or without reasons, such powers must only be exercised in accordance with the law.

    “In the present case, I hold that the manner of terminating the claimant’s employment by the defendant was wrongful and done without recourse to basic laws governing labour relations,” the judge said.

    The judgement was on a suit numbered NICN/ABJ/245/203.

    In the judgment delivered on April 12, a copy of which our correspondent obtained at the weekend, the judge held that the defendant violated Section 11 of the Labour Act when it failed to issue Ajane the requisite pre-termination notice.

    The judge also voided his indefinite suspension for being in breach Clause 6.5 of the bank’s Employee Handbook.

    The claimant was placed on indefinite suspension on July 16, 2010 on the allegation that he was linked with a case of fraud uncovered in the bank.

    Justice Isele was of the view that it was wrong for the defendant (who had caused the police to arrest and detain the claimant) to abandon him when no case was established against him.

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    The judge wondered why the bank failed to act at the conclusion of police’s investigation, which established no crime against the claimant.

    Justice Isele noted: “He (the claimant) was not subsequently charged with any criminal offence, but the management of the defendant did not find it proper to terminate his appointment, as it has power to do so at that time.

    “But, rather, it left the claimant in limbo for about three years before he (claimant) got to know he had been formally terminated by the defendant,who had instructed him, in the letter of indefinite suspension, to keep his phone lines open and remain in Abuja for easy accessibility.

    “On this basis, I find and hold that the the long suspension of the claimant, without pay for 32 months, is unfair labour practice contrary to Section 254(C)(1)(f) of the 1999 Constitution, as amended.

    “It is also contrary to the principles of equity, as this court is enjoined to administer equity.

    “On that basis, I find and hold that the claims of the claimant should succeed in the main, to an extent. And having so held, I hereby set aside the said indefinite suspension of the claimant.”

    Justice Isele agreed with the court’s earlier decisions in the cases of : Temitope Ajao v. Zenith Bank (NICN/ABJ/182/2013) and Abdulazeez Ibrahim v. Zenith Bank (NICN/ABJ/2006/2013), and proceeded to grant some of the claimant’s prayers.

    The judge said: “I must state that the above two cases, whose facts mirror the present case before me, are persuasive enough for me to enter judgment in the following terms as per the claims before this court, in a, b, c, d, e, f, g, h, I, j and x.”

    He dismissed the bank’s counter-claim.

  • Minimum wage: Court restrains labour from embarking on strike

    Adjourns hearing to Nov 8

     

    The National Industrial Court of Nigeria (NICN) has restrained the organised labour from proceeding on the nationwide strike scheduled to commence on November 6 over the minimum wage dispute.

    Justice Kado Sanusi, in a ruling this morning (Friday) granted an ex-parte restraining orders against The Nigerian Labour Congress (NLC), the Trade Union Congress (TLC) from engaging in the planned strike pending the determination of the substantive suit filed by the Federal Government and the Attorney General of the Federation (AGF).

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    Justice Sanusi also restrained the NLC, the TUC and the Incorporated Trustees of the Nigerian Governors Forum (listed as the 1st, 2nd and 3rd defendants) from taking steps likely to destroying the subject of the dispute.

    The judge said he was moved to granting the ex-parte application argued by the Solicitor General of the Federation (SGF), Dayo Apata, because the likely devastating effect of the strike on the country, its economy and the people.

    He adjourned to November 8 for the hearing of the main suit.

     

  • Immigration boss accused of flouting court’s order

    Immigration boss accused of flouting court’s order

    The Comptroller-General of Immigration (CGI), Muhammadu Babandede has been accused of flouting an order made by the National Industrial Court of Nigeria (NICN) restraining him and two others from harassing and intimidating an aggrieved official of the Nigerian Immigration Service (NIS) who sued them.

    The allegation is contained in a reply affidavit filed by the aggrieved NIS official, Daniel Makolo in response to an affidavit to show cause filed by Babandede and others in response to a contempt proceedings commenced against them upon the issuance of Form 49 on them by the court.

    The court had on July 19 this year, made an order ex-parte retraining the NIS, the Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB) and the CGI from harassing or intimidating the applicant and from carrying out any promotion exercise pending the determination of the substantive suit.

    Makolo, a Chief Superintendent of Immigration filed the substantive suit marked: NICN/ABJ/208/2017 earlier this year, alleging discrimination and fraudulent practices in the promotion exercises being carried out by the NIS.

    He among others, also accused the Immigration authorities of discriminating against him because of his critical stance against some unlawful practices in the NIS.

    Shortly after the order was made, Makolo returned to the court by filing Forms 48 and 49 against the defendants on the grounds that they flouted the order by allegedly proceeding with the promotion exercise and subjecting him to further harassment.

    In their response to the Form 49, titled “affidavit to show cause,” Babandede and others denied flouting the court’s order, but insisted that since the applicant was still a serving NIS official, he was not immune to Service Rules and Regulations.

    The Special Adviser to the CGI on Investigation and Compliance, Manir Yari stated in the affidavit that despite the pending suit, “subjecting the applicant to those rules therefore is not an act of harassing or intimidating the claimant/applicant.”

    But, in his reply to the defendants’ affidavit, Makolo accused the defendants of persistently harassing him and even threatening to eliminate him.

    He stated that despite his pending suit and the court’s order the defendabts issued him a query and subjected him to the NIS’ disciplinary committee.

    Makolo particularly accused Babandede of being behind threats to his life;  the quit notice issued to him to vacate his official quarters at the NIS Headquarters, Abuja and his eventual forceful eviction by armed officials of the NIS, while he was away in Lagos.

    He said: “While I was away in Lagos to see my family, the 3rd defendant (CGI) mobilised the 1st defendant (NIS’) officers to and did trespass; broke into my apartment at Block A, Flat 2 NIS Senior Officers Quarters along Airport Road, Sauka on 30th September 2017 at about 9.45am and forcefully ejected me by self-help, from my duly allocated apartment.”

    Makolo, who accused the NIS officers, who allegedly broke into his apartment, of removing his valuable property, listed some of them to include his wife’s gold jewelries worth N5million, $35,000.00 meant for his children’s school fees and upkeep at the Eastern Mediterranean University, Cyprus and N450, 000.00 meant for the air fare ticket of one of the children back to school.

    He said the incident affected his health and plans for his children to return to school and that he is now compelled to put up in a hotel, where he pays N10, 000 daily.

    The applicant stated that the office of the lawyer, representing him in the case, located at Suite A26, Abuja Shopping Mall, Wuse Zone 3, was also burgled and broken into between 23rd and 24th September, during which files and documents relating to his case were stolen among other valuable items.

    Makolo stated that “the 3rd defendant has consistently boasted of his connection in high places, saying to the hearing of people, while referring to me that ‘my people have quashed the case and I will eliminate him and throw away his corpse and nothing will happen, this is Nigeria.

    “This desire, he has not relented; taking it to a ridiculous extent unbecoming of a Chief Executive of an organisation like Nigeria Immigration Service,” Makolo said.

    He equally attached copies of the petitions he wrote to the Inspector General of Police (IGP) and the Executive Secretary, National Human Rights Commission (NHRC), accused Babandede of threatening his life.

    When parties returned to court on October 31, the trial judge, Justice Kado Sanusi adjourned to December 4 for the hearing of processes filed in relation to the contempt proceedings.

    Upon complaint by the applicant that he was still being harassed, Justice Sanusi warned the defendants to desist from any unlawful act and abide by the subsisting court order.

  • Court orders Fayose to pay N234m for unjust sack of Fayemi’s officials

    Court orders Fayose to pay N234m for unjust sack of Fayemi’s officials

    The National Industrial Court of Nigeria (NICN) has ordered Governor Ayo Fayose to pay over N234 million to chairmen and members of statutory commissions appointed and sworn into office by former Governor Kayode Fayemi.

    Fayose sacked members of the State Independent National Electoral Commission (SIEC), Civil Service Commission (CSC), House of Assembly Service Commission (HASC) and Local Government Service Commission (LGSC) on assumption of office in October 2014 when their tenures were still subsisting.

    The affected officials through their lawyers, led by Lagos lawyer, Femi Falana (SAN) approached the court to reverse their unlawful sack and reinstate them into the Commissions.

    The Claimants anchored their prayers on grounds that the tenure of their appointment is statutory.

    The Court gave the verdict while delivering judgment in separate suits filed by the sacked members of the commissions against the Governor of Ekiti State and the Attorney General of Ekiti State.

    Delivering a judgment on Monday, Justice Oyeyibola Oyewumi ordered Fayose to pay the plaintiffs a total sum of N234, 010, 982.24 for terminating their appointments on October 20, 2014.

    Justice Oyewumi held: “It is trite that where an appointment of an employee is terminated outside the specified terms of agreement or specified terms of agreement or specified period, such a termination will be seen wrongful or unlawful as the case may be.

    “It is upon this basis that I find that dissolution of these Commissions and removal of their chairmen and members by the first defendant (Fayose), is an act of executive recklessness, executive rascality, a grave disregard to the Governor’s Oath of Office which he sworn to uphold, defend and protect the Constitution of the Federal Republic of Nigeria.

    “The action of the first defendant in this case leaves a sour taste in the mouth. A grotesque galore, which, cannot, and should not, be allowed to stand in the way of justice.

    “It is noteworthy that it has become fashionable for Governors today, that they take over the affairs of a state, the first cause of action is for them to dissolve government boards both statutory and otherwise for them to fix into such positions their political gladiators;

    “Thereby disregarding/discountenancing the constitutional procedure for doing so. This to say the least is most unpatriotic and should not go unsanctioned.

    “It is therefore, declared that mere announcement of the dissolution of the offices of the claimants on the electronic media is a breach of Constitutional trust, it is therefore declared null, void and of no effect. I so find and hold.”

    The Judge, however, refused the Claimants’ prayers for perpetual injunction restraining the Governor or his agents from forcefully withdrawing the monetized vehicles from them.

    The plaintiffs are: Mrs Cecilia Adelusi, Chief Gbenga Agbona, Chief O.K. Aina, Mr. Dele Oloje of SIEC; Chief Ranti Adebisi, Chief Reuben Akomolafe, Princess Omotunde Adelabu, Mr. Kola Fakiyesi, Mrs. Dupe Bakare and Mr. Olorunfemi Babalola of LGSC.

    Others are:Alhaji Aflabi Ogunlayi, Elder Segun Bankole, Mrs. Kemisola Olaleye, Elder Yemi Alade and Chief Sesan Fatoba of CSC; Chief George Ojo, Chief Esan Abejide, Mr. Foluso Ibirinde, Mr. Bayo Akinola and Mr. Kupolati Olaiyan of HASC.

  • Court orders MTN to pay ex-Nigerian operations manager N4.8billion

    Court orders MTN to pay ex-Nigerian operations manager N4.8billion

    The National Industrial Court of Nigeria (NICN), Akure Division, has ordered MTN Nigeria Communications Limited 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 wrongful termination of employment. Justice Oyejoju Oyewunmi made 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. 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.

  • Industrial Court gets 19 new judges

    Industrial Court gets 19 new judges

    • Inauguration at Supreme Court, Friday at 3:00 pm

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

    National Judicial Council’s (NJC’s) Director of Information, Soji Oye said in a statement that Prof Osinbajo’s approval of 19 new judges for the NICN followed a recommendation to that effect 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, by 3:00 pm 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).

  • Court urged to sack Civil Service Union President, Mohammed

    The crisis in the Nigerian Civil Service Union (NCSU) has shifted to the court as some senior members of the union have asked the National Industrial Court of Nigeria (NICN) to stop its National President, Kiri Mohammed from further parading himself in that capacity.

    The Unit Secretary of the NCSU’s Directorate of Technical Cooperation in Africa Unit, Benson Ekasa and the Deputy National President of the union, Menele Nzidee, who filed the suit through their lawyer, Stephen Apeh, want the court to declare that Mohammed has retired from the union.

    The plaintiffs, who argued that by virtue of his retirement, Mohammed could no longer remain in office as the union president, also want the court to declare that the office of the President has become vacant since Mohammed has retired from the Jigawa State Civil Service since January, 2016.

    They further asked the court to declare that the continuous stay of Mohammed as the president of the union after his retirement from the Jigawa State Civil Service since January, 2016 was unconstitutional, invalid, illegal, null and void.

    Ekasa stated, in a supporting affidavit, that a letter from the Jigawa State’s Head of Civil Service, dated 26/10/2015 confirmed Mohammed’s retirement date as January, 2016. He attached a copy of the letter as exhibit.

    He stated that membership of the union was restricted to ‎only persons who were in the employment of civil service of either the state of the Federal Government of Nigeria.

    Ekasa said “It is in the interest of the Nigerian Civil Service Union and in compliance with its constitution for the 2nd Claimant (Menele Nzidee) to be declared the Acting National President pending when election would be duly conducted”

    Mohammed has however, denied the plaintiffs’ claim that he retired in January this year. He said, in a counter affidavit, that he was still in Jigawa Civil Service and would not retire until February 23, 2018.

    He also exhibited a letter showing that he is still works with the Jigawa State Civil Service.  Mohammed, through his lawyer, Garba Tetengi (SAN), asked the court to dismiss the suit.

    Meanwhile, Justice Babatunde Adejumo has refused the notice of preliminary objection filed against the suit by Mohammed.

    He dismissed the objection after establishing that the plaintiffs exhausted the internal mechanism for resolving dispute within the union before filing the case.

    Justice Adejumo directed parties to address him on whether the case can still be determined on originating summons in view of the fact that allegation of forgery has been raised in the case. He also noted that the affidavits were conflicting and that there might be need to call for further evidence.

    Hearing in the case resumes today, November 29, at the court.

  • 254 workers drag Wike to court over unpaid salaries

    254 workers drag Wike to court over unpaid salaries

    About 254 aggrieved teachers, whose salaries had not been paid since February 2016, filed a case against the Rivers State Governor, Nyesom Wike, at the National Industrial Court of Nigeria (NICN) sitting in Yenagoa,mBayelsa State.

    The angry workers are teachers in primary and demonstration schools of the Rivers State University of Science and Technology (RSUST), Ignatius Ajuru University of Education (IAUE), and Ken Saro-Wiwa Polytechnic (KSWP), Bori.

    The teachers comprising 102 of RSUST, 97 of IAUE and 55 of KSWP are praying the court to compel the government to pay their salaries.

    The governor reportedly announced in February 2016 that his administration would no longer pay the salaries of primary and secondary schools’ teachers in the affected institutions where pupils and students pay school fees.

    Following Wike’s order in February, the teachers said their relevant institutions had refused to pay their salaries.

    It was gathered that while the demonstration schools at KSWP were shut down following Wike’s directive, those of RSUST and IAUE were operating without school fees paid to the teachers.

    The claimants (unpaid teachers) sued Wike for ordering the stoppage of their salaries praying the court to declare their appointments valid and subsisting.

    Also joined in the suit were the Attorney-General of Rivers State (2nd defendant) and their various institutions – RSUST, IAUE and KSWP (3rd defendant).

    In the reliefs sought by the claimants against the defendants, jointly and severally,  they prayed the industrial court to declare that their respective employments were valid and subsisting.

    They also appealed to the court to declare that they were entitled to the payments of their respective salaries, allowances and emoluments until they attain their respective ages of retirement in their various institutions.

    They further sought a declaration that the 1st defendant’s directive stopping the payment of their salaries with effect from end of February 2016 was unlawful, null and void.

    They also sought a declaration that the 1st defendant (Wike) had no right to order the discontinuance of the payment of their salaries with effect from February 2016.

    The claimants asked the court to direct the defendants to pay them forthwith the arears of their respective salaries for the months of February, March, April and subsequently to continue to pay them their respective monthly salaries, allowances and other emoluments they were entitled to as and when due until they attain their retirement ages.

    They prayed for an order of injunction restraining the defendants, whether by themselves or through their agents, privies and proxies from terminating, sacking, disengaging or in any way interfering with their employments.

    When the matter came up for mention at the court, the lawyer for the claimants, Mr. Damian Okoro, said he had served necessary papers on the defendants since February 16, 2016.

    He, however, wondered why the defendants had not deemed it fit to file their processes.

    While urging the court for short adjournment, Okoro argued that the claimants were faced with severe difficulties following the stoppage of their salaries in February.

    But the Principal State lawyer, Okogbule Gbassam, representing the defendants, said he would file the necessary court processes before the next adjourned date.

    The court, which ruled that the matter was brought for mention and that the parties had yet to join issues, adjourned the case until July 12 for hearing.