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.
