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Tag: National Industrial Court

  • National Industrial Court denies reinstating suspended Lagos Assembly clerk

    National Industrial Court denies reinstating suspended Lagos Assembly clerk

    The National Industrial Court (NIC) has berated suspended Clerk of the Lagos Assembly, Barr Olalekan Onafeko, for resorting to self-help.

    The court said it never ordered the reinstatement of Onafeko as reported by a section of the media.

    The reports had said that Onafeko was ordered to resume leading to the claimant storming the House and taking over the office of the acting Clerk, Taiwo Ottun.

    At the resumed hearing of the matter, the court said it only asked that parties maintain peace and that none of the parties should ‘do anything that will be detrimental to the peace of the state’ pending the hearing of the motion on notice.

    Before adjourning the matter till March 18, 2025 for hearing of all applications before it, the court expressed surprise that its declaration was misinterpreted by the claimant.

    Senior Advocate of Nigeria, Mr. O.O. Oniyire, had informed Justice M.N. Esowe that Onafeko engaged in self-help by breaking down the doors and taking over the office of the acting Clerk of the House.

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    He also said Onafeko issued press releases and statements claiming to have been reinstated by the court.

    He further informed the court that the claimant had resorted to using men of the DSS and the police to harass and intimidate acting Clerk.

    The Court on February 20, 2025 heard an ex-parte application where Onafeko urged the court to restrain the defenders. However, the court had, at the hearing, restrained itself from granting the claimant’s prayers due to their voluminous nature.

    The court specifically stated that “both parties shall maintain the peace and status quo ante bellum pending the hearing of the motion on notice.”

  • National Industrial Court commences Easter vacation April 15

    The National Industrial Court of Nigeria (NICN) will commence Easter vacation from Monday, April 15 and resume on Friday, April 26.

    The President of NICN, Justice Babatunde Adejumo, in a circular released on Monday in Abuja, said that full judicial activities would commence on Monday, April 29.

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    He said that the directive was in compliance with the provisions of Order 58, Rule 4 (1) (b) (Civil Procedure Rules) 2017 of the National Industrial Court of Nigeria.

    According to him, “there will not be court sittings during the period of the Easter vacation, except for urgent applications that will be heard by a vacation judge”.

  • Court reinstates two Sokoto permanent secretaries

    A National Industrial Court on Thursday ordered the reinstatement of Alhaji Suleiman S. Fulani Ahmadu, a Permanent Secretary in the Sokoto state civil service.

    The court also ordered the state government to pay Ahmadu all his salary arrears to the tune of over N1.5m effective from the date of a purported compulsory retirement of the Permanent Secretary.

    In his ruling, Justice Kiyahot Damlak, said the purported compulsory retirement of the Permanent Secretary by the Sokoto state Government on 28th August, 2018 was unconstitutional, unlawful, null and void and has no effect what so ever.

    Justice Damlak ruled the reinstated Permanent Secretary should be allowed to complete his term of service between 15th August, 2018 to 23rd July, 2025 when he will be due to retire at 60 years.

    The judge, who cited myriad of similar judgements by Supreme and other Higher Courts, also awarded a N100, 000 costs in favour of the Permanent Secretary.

    The court also ordered the state government to serve another Permanent Secretary, Alhaji Aminu Dikko for wrongful and unlawfully retirement from service.

    Damlak ruled the compulsory retirement of Dikko on the same day with Ahmadu was wrongful, null and void.

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    According to the judge: “Dikko was employed into the state civil service in October, 1983 and by his years in service, he is exactly 34 years 10 months with two months remaining for him to complete the 35 years in service when he will be due for retirement.”

    The court further ordered the government to issue Dikko proper retirement notice, adding he was wrongfully retired on the 28th August 2018 nearly 44 days to the date he would officially retire on the basis of years of service.

    The court also ordered the state government to pay Alhaji  Dikko salary for one month and 14 days covering 28 August 2018 to September 2018 which amounts to N474,609.00.

    The court ordered that all the payments should be made to the applicants within 30 days from the date of judgment, failure of which will attract a 10percent charge and a N100,000 cost to each applicant.

    It will be recalled Ahmadu and Dikko dragged Governor Aminu Waziri Tambuwal, State Head of Service and the Sokoto state civil service commission, challenging their wrongful retirement on  August 28, 2018.

    They among others,  sought the Court to order their reinstatement as well as payment of N15 million for cost incurred in engaging the services of their solicitor as well  N100 million each for subjecting them to the punitive, mental, pains, health and psychological  trauma, among others which the Court refused to grant.

     

  • Industrial Court reinstates sacked UNIBEN staff

    The National Industrial Court sitting in Akure, the Ondo State capital has ordered the authority of University of Benin (UNIBEN) to reinstate its Deputy Director of ICT Department for unlawful dismissal from the university’s service in 2013.

    The University’s director, Kehinde Samuel, a claimant, approached the court on October 9, 2013 over his wrongful dismissal by the Governing Council of the university on July 18, 2013 without any substantive offence committed.

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    Justice Oyebiola Oyewumi in her ruling said the dismissal of the claimant from his employment was unlawful and of no effect.

    Oyewumi said the purported dismissal was contrary to the rules of Natural Justice and the Laws and Regulations regarding the nature, tenure and discipline of senior staff of the university.

    She explained further that the employment of the claimant with the defendant was still subsisting notwithstanding the said dismissal.

    According to her, “It is obvious that the claimant’s claims succeed in the most part and for the avoidance of doubt, I declare and order that the dismissal of the claimant by the defendant by a letter dated July 18, 2013 is unlawful and hereby declared null and void.

    “The letter is hereby set aside and that the defendant is ordered to reinstate the claimant back to his employment.

    “And that the claimant is to be paid all his salaries and allowances from July 18, 2013 till he is reinstated.

    “That the claimant should be reinstated and his salary and allowances paid within 30 days of this judgement failing which it is to attract 10 per cent interest per annum,”

    Earlier, the claimant’s counsels, Clement Dike with Mrs Laurent Ezezobor had prayed the court to order the university to reinstate their client and pay all his salaries and allowances.

    They sought the order of the court for the defendant to pay N52.5 million as exemplary damages for the ‘oppressive’ dismissal of their client which occasioned him and his family hardship and emotional torture.

    The defendant’ counsel, Benjamen Ojumah, told the court that the claimant, through his expertise in ICT, engaged in sharp practices.

  • Court voids sack of Unity Bank’s ex-director

    A National Industrial Court, Ikoyi, Lagos State, has ordered Unity Bank Plc to pay all entitlements and benefits pertaining to the office of a subsisting Executive Director of the bank, Mrs Arese Alonge, for wrong termination of her appointment.

    In a judgment delivered by trial judge, Justice John Dele Peters, the court held that Unity Bank had not followed the mandatory provisions of sections 262 and 266 of the Companies and Allied Matters Act (CAMA) in the purported termination of Alonge’s appointment.

    The judge voided the sack.

    The claimant instituted the suit in Lagos and the trial was conducted in Lagos before the trial judge was transferred to the Ibadan Division of the court.

    The judgment was delivered in Ibadan on September 27.

    Section 262 provides that for a director to be removed, he or she must be served a requisite notice of a meeting, while Section 266 provides the procedures for removal of directors.

    Justice Peters said: “I note that for reasons best known to the defendants, they chose not to address the issue of service of requisite notice of meeting on the claimant; the pleadings of the defendants are silent on this.

    “Exhibit AA8, which is the letter conveying the alleged board’s decision to terminate the appointment of the claimant, did not state the date of the alleged meeting where the decision was taken.

    “I find and hold that the claimant was entitled to be served but not served notice of the board meeting, as required by law.

    “I declare that her removal was in violation of the provision of CAMA, particularly Section 266(1) and (2), and the violation renders the meeting invalid by virtue of Section 266(3).

  • JOHESU Strike: National industrial court takes over mediation

    Strike may be suspended Friday

     

    The National Industrial Court has taken over mediation in the dispute between the Federal Ministry of Health and striking Health workers under the auspices of the Joint Health Sector Unions with a view to ensuring an amicable settlement of the dispute.

    The Presiding Judge of the court, however asked the striking health workers to first go and obey the earlier ruling of the court by returning to work, while the process of mediation will resume.

    However, JOHESU has asked the court to give it till Friday, June 1, 2018 to met with their members and inform them of the decision of the court.

    An NGO, the Incorporated Trustees of the Kingdom Human Rights Foundation, KHRFI, had obtained a court order against JOHESU; mandating the health workers to suspend their industrial action on the 21st of May, 2018.

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    The NGO had also filed a contempt proceeding against JOHESU which was to be decided on Wednesday, but the judge ruled that in the interest of the suffering Nigerian masses who need medical services, he would refer the case to the Alternative Dispute Resolution division of the court to mediate.

    He directed that the Minister of Labour and Employment and the Minister of Health should appoint representation to the ADR team who will mediate and ensure an amicable resolution.

    At the time of this report, the leadership of JOHESU were meeting to decide on the next line of action, but there are indications that the ongoing strike may be suspended to give the National Industrial Court the chance to mediate.

  • Court asked to reverse sack of ex-NIA boss

    The National Industrial Court (NIC) has been urged to reverse the recent dismissal of acting Director General of the National Intelligence Agency (NIA), Ambassador Mohammed Duada.

    The request formed part of the reliefs in a suit filed before the court on his behalf by former Minister of Justice and Attorney General of the Federation (AGF), Kanu Agabi (SAN).

    Dauda, in the suit marked: marked NICN/ABJ/136/2018, commenced by originating summons, faulted the procedure leading to his dismissal and urged the court to declare it as unlawful.

    He raised some questions for the court’s determination, including whether the procedure adopted by the defendants in the process leading to his purported dismissal was in compliance with Article 8(1) and (2) of the National Securities Agency Act (CAPS 278) 1986.

    The claimant also seeks a determination whether in view of the extant provisions of Article 8(1) and (2) of the National Securities Ac (CAPS 278) 1986, retired Directors of NIA are competent to sit as members in the Senior Staff Disciplinary Committee (SSDC) and if not, whether the failure of the defendants to set up a competent Senior Staff Disciplinary Committee SSDC to look into the allegation levied against him constitutes a violation of his constitutional right to fair hearing.

    He equally urged the court to determine whether the purported ‎letter dismissing him issued by the defendants on March 6, 2018 is not unlawful, null and void and of no effect whatsoever.

    Dauda prayed the court to declare that the procedure adopted by the defendants in the process leading to his dismissal falls short of the provisions of Articles 8(1) and (2) of the National Securities Agency Act (Cap 278 LFN) 1986 and is null and void.

    He also prays the court for a declaration that by th virtue of the provisions of Articles 8(1) and (2) of the National Securities Agency Act (Cap 278 LFN) 1986, retired Directors and former members of the NIA are not competent to sit as as members in the Senior Staff Disciplinary Committee.

    Dauda also prayed the court to declare that the failure of the defendants to set up a competent Senior Staff Disciplinary Committee to look into the allegations levied against him is a violation of his constitutional right to fair hearing.

    He urged the court order his reinstatement and declare that the purported letter of his dismissal issued by the defendants on March 6,2018 is unlawful, null and void and of no effect whatsoever.

  • ‘Ex-Daily Times workers not queried before sack’

    ‘Ex-Daily Times workers not queried before sack’

    The National Industrial Court in Lagos, Thursday heard that two ex-workers of Daily Times of Nigeria (DTN) Plc, Patrick Nduka Uzuakpundu and Babatunde Scott, were not issued queries before they were disengaged by the firm.

    DTN Group General Manager, Innocent Nwankwo, stated this Thursday during cross examination by Uzuakpundu and Scott’s counsel, Samuel Ogueri.

    Uzuakpundu and Scott, both journalists, have asked the court to compel DTN to pay them accumulated salary arrears of N910, 000 each.

    They are also seeking an order compelling the firm to pay them N40, 000 each as one month salary in lieu of notice of disengagement.

    At the commencement of proceedings yesterday, Nwankwo said he became the firm’s Group General Manager in 2017.

    But when Ogueri confronted him with a copy of a December 4, 2017 edition of the paper, the Nwankwo said: “My name falls in there as the technical adviser to the publisher.”

    Nwankwo also stated that the claimants were not issued a query by DTN.

    Following further cross examination, the witness read out two letters of employment and two letters of disengagement, allegedly issued by DTN to the claimants.

    Both disengagement letters referred to Uzuakpundu and Scott as Copy Editors.

    Justice Mustapha Tijani adjourned till April 19, for adoption of final written addresses.

    In their August 10 statement of claim, Uzuakpundu and Scott averred that they worked for the defendant from November 17, 2014 until they were disengaged on August 11 and 12, 2016, respectively.

    The letters of disengagement, they claimed, were dated August 4, 2016.

    They said DTN, by letters of October 13, 2014, appointed each claimant as Copy Editors with a monthly remuneration of N120,000 each following which they resumed duty on November 17, 2014.

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  • Court reinstates dismissed NBC staff after 5 years

    Court reinstates dismissed NBC staff after 5 years

    The National Industrial Court, Abuja, on Wednesday ordered the instatement of one Kate Obiechina, dismissed by the National Broadcasting Commission(NBC ) in 2013.

    Justice David Isele, in his judgment, said that due process was not followed by the NBC to dismiss the claimant.

    He said that the dismissal was in breach of her constitutional right of fair hearing, because she was not formally informed through writing, and neither was the allegation of misappropriation of government fund investigated.

    He ordered that the judgment should be complied with, within 14 days and arrears of her salary from the date of her dismissal paid in full.

    The claimant before her dismissal was a Principal Monitoring Officer in the Makurdi office of the NBC.

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    She approached the court to declare her dismissal from the Commission in 2013 as illegal, unconstitutional, null and void.

    The claimant’s counsel, Mr Bola Olotu, said his client was not given the opportunity to defend herself before she was dismissed.

    He said that allegation of absconding from duty without permission was levelled against his client, to which she was given a query and ordered to appear before a disciplinary committee.

    ” On my client’s appearance before the committee, a new allegation of misappropriation of government fund was levelled against her.

    “She was not given opportunity to speak or defend herself before the committee.

    “On Aug. 28, 2013, my client was served a termination letter, stating absconding from duty without permission and misappropriation of government fund as basis for the termination.”

    The claimant joined the Director-General of NBC, Federal Civil Service Commission,  Minister of Information and Attorney General of the Federation as co-respondents in the suit.

    NAN

  • Court orders CBN, three other banks to disclose ABU’s credit balance

    Court orders CBN, three other banks to disclose ABU’s credit balance

    The National Industrial Court, Abuja, on Monday ordered four banks to within 14 days disclose the balance standing of all accounts operated by the Ahmadu Bello University ( ABU ) Zaria.

    The listed banks are:  Central Bank of Nigeria (CBN), First Bank Nigeria Plc, Fidelity Bank Plc, and ABU Microfinance Bank (Main and Kongo Campuses).

    The judge, Justice Rakiya Haastrup, made the order while ruling on a motion ex-parte, filed by 110 staff of the university, wrongly sacked by the authority of the institution.

    The motion was brought pursuant to Order 51 of the Rules of the Court and Section 83 of the Sheriffs and Civil Process Act, CAP.407, Laws of the Federation of Nigeria, 2004.

    “The court has scrutinised this application and therefore holds that the prayers of the applicant/judgment creditors remain valid. The three prayers are hereby granted.

    “All the named garnishee banks are ordered to file and serve on the applicant/judgment creditor, sworn affidavit disclosing the balance standing to the respondent/judgment debtors’ account maintained with the garnishees.

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    “They should show cause why the amounts standing to the credit of the debtors should not be used to satisfy the judgment debt within 14 days from the date of receipt of the order’’, she said.

    The judge also made an order mandating the attachment of the amount standing to the credit of the respondents/judgment debtors with the garnishees in favour of the judgment creditor.

    According to her, the exhibition of the outstanding amount is necessary in order to satisfy the judgment debt owed by virtue of Justice P.O. Lifu’s judgment delivered on November 30, 2015.

    Haastrup also made an order, directing the banks to show cause why they should not pay the N2.5 billion plus Claimant/Judgment Creditors Salaries from July 2016 to date.

    She held that the amount to be paid included 10 per cent interest awarded the applicant/judgment creditors in the judgment as outstanding salaries and other emoluments.

    The court also granted leave to the applicant/judgment creditors to serve the court order and other processes in the case on the garnishee banks by service at their Regional Headquarters in Abuja.

    The court, had in November 2017 struck out a motion of stay of execution, filed by the university to stall the payment of the amount.

    Haastrup, in her ruling, maintained that the motion was “not competent, lacking in merit and therefore refused to grant it.

    Haastrup said the application had not shown any exceptional circumstances to justify that the institution had no resources to pay the amount ordered by the court on November 30, 2015.

    The application had indicated that the defendants lacked the resources to settle the workers and would be financially crippled if allowed to pay the estranged workers the said sum.

    The 110 workers, whose appointments were terminated in 1996, had dragged the university to court, claiming they were wrongly terminated.

    They joined the Minister of Education, the Attorney-General of the Federation, and the Minister of Justice, as co-defendants in the suit.

    The court, on November 30, 2015, ruled in favour of the workers, ordering the university to reinstate them and pay their entitlements.

    The university is yet to comply with the orders, which has necessitated this latest applicant seeking the garnishing of the institution’s bank accounts with the above four banks.

    The judge has fixed Feb.22, for the hearing of the substantive application.

    NAN