The Nation Newspaper

Tag: ‘unlawful

  • ASUU strike: It’s unlawful to stop salaries, says Falana

    Lagos lawyer Femi Falana (SAN) has urged the Federal Government to withdraw its directive stopping the salaries and allowances of the striking members of the Academic Staff Union of Universities (ASUU).

    Falana said the directive was not justified in law.

    The government, last week, directed the vice  chancellors of federal universities to  apply Section 43 of the Trade Disputes Amendment Act  by  seizing the salaries and allowances of the striking ASUU members.

    But, Falana, in a statement issued in Lagos yesterday titled, “Why ‘no work no pay’ rule is never applied to striking employees, contended that the directive could not be justified in law on  the grounds that only the governing councils of the affected  institutions are empowered by the relevant laws to subject  the academic staff to any form of disciplinary action.

    He also argued that the salaries and allowances of striking lecturers could not be seized without due process.

    Rather, Falana advised the federal and state governments to accelerate the ongoing negotiations  between the authorities and the ASUU so that the striking  lecturers could return to the classrooms.

    He disagreed with the claims of the Labour and Productivity minister Chris Ngige, who was reported to have said until Section 43 of the  Trade Disputes Amendment Act, which disentitles employees to payment of salaries and allowances  during strikes “is expunged or repealed through legislative process by the  National Assembly, it remains not just applicable but a  point of law for compliance by all citizens”.

    Falana wondered why the minister has not challenged the decisions of the Supreme Court, which he cited and which held  that it is the exclusive powers of the Governing Council of  every university to discipline lecturers whose employment enjoys statutory flavour.

    He maintained that the “no work no pay” policy has always been put in abeyance to ensure the effective resolution of the subject matter of any industrial action.

    “Therefore, since the government has endorsed the payment of salaries and  allowances of striking lecturers, the controversial directive to the Vice Chancellors  ought to  be immediately withdrawn,” he said.

    Falana said it was curious why the minister did not disclose that the government has always put the law aside in a move to end strikes embarked upon by workers.

    According to him, “a clause is usually inserted in collective agreements that employees who had taken part in an industrial action would not be damnified in any manner whatsoever and howsoever.

    “The practice was  judicially endorsed  in the case of Senior Staff  Association of Nigerian Universities v Federal Government of  Nigeria (unreported suit no  NIC/8/2004, whose judgment was  delivered on May 8, 2007)  where the National Industrial  Court held  that ” …it is perfectly lawful for an  employer to choose to dispense with the ‘no work, no  pay’ rule.

    “In other words, strike pay is lawful if an employer chooses to pay same and not to penalise the strikers in any other way for the strike.

    “It is lawful for employees to agree with their employer that wages will be paid and no other detriment suffered even when strike actions are embarked upon,” he contended.

    “With particular reference to strikes by university lecturers, the Federal Government has always entered into Collective Agreements with ASUU  to the effect that “nobody shall be victimised in any way whatsoever for his/her role in the process leading to these resolutions and Agreement”.

    “The clause was inserted in the 1992, 2009 and 2013 Collective Agreements, which were freely signed by the representatives of the federal and state governments as well as ASUU”, he recalled.

  • Cleric seeks justice over ‘unlawful’ church demolition

    The Senior Pastor, City of Refuge Ministries International, Bishop Oscar Ossai, has asked an Ogudu Magistrate’s Court in Lagos to compel a landlord, Mr. Azubuike Ezeibe, to pay damages for allegedly demolishing the church’s 58, Ogudu Road, Ojota, Lagos branch.

    Ossai is the counter-claimant in the suit initiated by Ezeibe, marked MIK/6139/17.

    Through his counsel, Michael Akinwale, he told Magistrate E. Kubeinje that Ezeibe and persons he procured, demolished the property, worth millions, during the pendency of the suit.

    At the last hearing of the suit on November 19, Magistrate Kubeinje heard the church’s motion seeking three reliefs.

    “An injunction restraining Ezeibe and his agents from further taking possession, demolishing, building or altering the land/property subject matter of the suit pending the hearing and final determination of the substantive matter.

    “An order restoring the church to full physical possession of the land pending the hearing and final determination of this case.

    “An injunction restraining Ezeibe or his agents from further demolishing the perimeter fence, entering into piece of land or further interfering with the church’s “legal right to the quiet and undisturbed possession of the property.”

    In the alternative, the church sought “a mandatory injunction compelling Ezeibe to restore the property to the exact position and state it was as at the 31st day of October 2018.”

    Akinwale told the court that Ezeibe, through his counsel, Ugochukwu Okany, had failed to respond to the motion.

    He said: “The claimant had over two weeks to respond, but failed to do so. The claimant went into the premises, the subject matter of the suit, and destroyed it. Demolition is ongoing. This is an urgent application. I urge the court to allow us to proceed with it.”

    But Okany opposed him and prayed for time to file a response.

    In a bench ruling, Magistrate Kubeinje turned down Akinwale’s application.

    She awarded cost of N20,000 against Ezeibe for delay in filing a response to the church’s motion on notice and adjourned till January 15 for Okany to file his application.

    Ezeibe, in his witness statement of November 7, had averred that in September 2015, the church trespassed on his property by erecting permanent structures, following which he issued it a quit notice.

    He said: “Immediately I had notice of the constructions carried out by the defendant on my property, I demanded from him for the removal/demolition of the buildings and to stop further works on the site, which was rebuffed by the defendant.

    “If the defendant relinquish possession of the land to me, I will incur expenses to hire traders and other equipment to facilitate the demolition and clearing of the rubble emanated from the buildings and payment of workmanship in order to restore it to the former position when it was rented to the defendant.”

    He prayed the court to, among others, grant him possession of the land occupied by defendant, order the defendant to pay him “mesne profit at the rate of N250,000 per month from October 2017 till possession is given up.”

    He also prayed for general damages and “substantial cost” against Ossai.”

    But in a November 16 affidavit in support of his counter claim, Ossai averred that Ezeibe acted in contempt of the court by demolishing the church during the pendency of the suit.

    He said he was phoned by church members, including Bro. Israel Moore, who informed him about the demolition, which began about 8:00am on November 1.

    Ossai averred that: “…Mr. Azubuike Ezeibe was physically present on the land with about 50 thugs, who were armed with all manners of dangerous weapons and had violently removed the properties of my church from the land, subject matter of this suit, and have commenced the demolition of the structures which were erected on the land.

    “All efforts to get to know what  the problem is proved abortive as the thugs which the claimant brought to the land seized the other phone with which he took pictures and even beat him up.

    “All the neigbours on the same street were surprised at the violent approach of the Claimant/Respondent.

    “That the Claimant/Respondent informed everyone around that he does not care what any court will say.”

    He prayed the court for three reliefs:

    “An injunction restraining Ezeibe and his agents from further taking possession, demolishing, building or altering the land/property subject matter of the suit pending the hearing and final determination of the substantive matter.

    “An order restoring the church to full physical possession of the land pending the hearing and final determination of this case.

    “An injunction restraining Ezeibe or his agents from further demolishing the perimeter fence, entering into piece of land or further interfering with the church’s “legal right to the quiet and undisturbed possession of the property.”

  • Tension in Lagos community over ‘unlawful’ installation of chief

    There is tension in Orile Alagbado community in Ojokoro area of Ifako Ijaiye Local Government Area of Lagos State, following the
    installation of a new Iyalode of the town.

    The new Iyalode was installed on Thursday morning at the palace of the monarch of the town, Oba Hameed Saaka Taiwo.

    The Saaka Taiwo royal family however described the installation of the new chief, identified simply as Ramota as ‘unlawful’.

    The family said the disturbing news of the installation had unsettled the community with residents contemplating protests to condemn their rejection of the new traditional chief.

    The family described it as worrisome that the installation was supervised by some traditional rulers led by the monarch of Ifakoland, Oba Fatusi Obawole, whose domain they said was outside of Orile Alagbado.

    The family urged Governor Akniwunmi Ambode, and Ojokoro Local Council Development Area to intervene in the matter in order to stave off breakdown of law and order.

    The family head, Chief Saminu Saaka Taiwo explained that there had been unresolved issues regarding the title of Iyalode lately.

    He said: ‘’Ramota Adegoke, a maternal family member desperately wanted the title, but she was rejected by 80 percent of Saaka Taiwo family members  because she is the Iyaloja of Aiyewadun in Alagbado, and many petitions had been written to appropriate quarters on the issue. But one Samsideen, led Oba Fatusi Obawole  and others to the palace and made our 96-year- old monarch to install the woman, without the presence of palace chiefs.’’

    A member of the family, who is also one of the sons of the community’s monarch, Prince Jamiu Saaka Taiwo said Oba Obawole lacked the power to install a chief in Orile Alagbado.

    ‘’ I was surprised when I came to resume at the palace on Thursday morning to see Onifako and others supervising the installation of the woman. I tried to stop them and I began to protest because they took advantage of my father’s old age. They invited the police to arrest me and I was released a few hours after the ceremony was over,’’ said Princess Seun Saaka Taiwo, who is also the palace secretary.

    Contacted, Oba Obawole described the allegations as baseless.

    The monarch said that only the Chieftaincy Council of the local government area has the right to install chiefs in any community.

    The monarch explained that a faction of the Saaka Taiwo family had rejected all efforts made by the  chieftaincy council to resolve the matter.

    ‘’ We contacted the family and on more than five occasions we appealed to them to sheathe their swords and support the nomination of Ramota, but they refused to respect our intervention. Ramota is their family member and she has the support of majority of the family members, except the faction that was against her.

    ‘’We went to the palace as leading members of the Chieftaincy Council of both Ifako Iajiye and Ojokoro LCDA to supervise the installation in the presence of the town’s monarch, who even prayed profusely for the new Iyalode. Therefore, we have not breached any law or protocol at all.’’

  • Court declares sack of teacher ‘unlawful’

    The National Industrial Court at the weekend declared as ‘unlawful’ the dismissal of Akpomovine Ojo-Gabriel, by Hillside School, Abuja, for embarking on maternity leave.

    Justice Rakiya Haastrup ordered the school to pay her salary and cost of suit.

    She said the defendant’s failure to recognise the claimant’s maternity leave and refusal to allow the claimant resume after her leave was unjustifiable.

    Haastrup said stopping her salaries breached the terms of contract of both parties as contained in the staff handbook.

    The judge said the defendant breached the agreement in a section of the handbook that dealt with maternity leave, which the claimant is entitled to as a worker.

    “The handbook stipulates one month notice or salary in lieu of notice is required where the employment relationship is to be terminated by either party,’’ she said.

    Haastrup said the act of the defendant in mandating the claimant to re-apply for her position was null and void.

    She ordered the payment of the claimant’s one month basic salary and any other entitlements that may be due and accrued.

    The claimant was also awarded N50, 000 as cost of prosecuting the suit.

    The court, however, said the claimant was not entitled to the claim for an order of reinstatement.

    The claimant’s counsel, Kingsley Osuji, said his client before her dismissal was a teacher at Hillside School, Abuja, until she left for a two-month maternity leave, which was duly sought and approved.

    He said upon her return, she was accused of absconding and was told to re-apply for her position, which she did.

    Osuji said his client was subsequently dismissed orally without query or prior notice.

     

  • Man in court for ‘unlawful possession of 22 goats’

    A 28-year-old man, Musibau Okunola, was at the weekend arraigned at an Osogbo Chief Magistrates’ Court in Osun State for alleged unlawful possession of 22 goats.

    The prosecutor, Mireti Wilson, said the accused committed the offence on November 28 last year about 3:50.a.m. in Osogbo metropolis.

    He said the accused was arrested while conveying the goats in a bus registered as KJA 178 XE, and was unable to give a satisfactory explanation about the ownership of the animals.

    Wilson said the offence contravened sections 517 and 430(1) of the Criminal Code Cap 34 Vol.11 Laws of Osun State, 2003.

    The accused pleaded not guilty. His counsel, Mr. Ato Atobatele, prayed the court to grant him bail in liberal terms.

    The Magistrate, Mrs. Olubukola Awodele, granted the accused bail at N50,000 with two sureties in like sum.

    She said the sureties must live in the court jurisdiction, show evidence of tax payment, attach affidavit of means and provide two passport size photographs.

    The case was adjourned till November 13 for hearing.

  • Agitations for break-up unlawful, says Osinbajo

    Agitations for break-up unlawful, says Osinbajo

    DSS to descend on hate campaigners

    Cleric flays elders backing agitators

    Acting President Yemi Osinbajo yesterday declared unlawful, agitations for the country’s break-up.

    The agitations for the creation of Biafra and the Arewa Youths’ ultimatum for the Igbo to leave the North are against the Constitution, the Acting President said at a meeting with traditional rulers from the Southeast.

    Eze Udo I of Ngboko Ngwa Amaise in Abia State and Southeast Traditional Rulers Chairman Eze Eberechi Dick led their colleagues to the meeting.

    Last week, Osinbajo met with some political and religious leaders from the region and the North in his efforts to check the brewing discontent in those parts of the country.

    The meetings will be rounded off today with traditional rulers from the North.

    Also yesterday, the Directorate of State Service (DSS) warned all ethnic groups against hate speeches and misinformation.

    Osinbajo said the manner, method and objectives of the agitations were wrong, adding that they should be dealt with in accordance with the Constitution.

    He said where there were grievances to be addressed,  the only way to make things right is by doing it right, instead of threatening to break the law or the country.

    The Acting President said: “As you are aware there has been agitation from some of our youths in the Southeast urging secession, the creation of Biafra. In apparent response young people in the north states, under the aegis  of Arewa youths have purportedly issued an ultimatum where they have set a date for the eviction of persons from the Southeast who live in the northern states.

    “Those agitations, the manner of those agitations, the method and objective are wrong, unlawful and the violation of the laws of Nigeria and the constitution of Nigeria. I want to repeat that both the agitations for secession and the ultimatum to leave the northern states are wrong and a violation of our constitution.

    “Our constitution says in Section 2 that Nigeria is one indivisible and indissoluble sovereign state to be known by the name the Federal Republic of Nigeria. That is the law of our country. Let us not be in any doubt about the fact that the federal government is committed to ensuring that our country remains united. And that anyone who violates the law in the manner such as we are seeing all over the place will be met with the full force of the law.

    “And the reason why it is so is because for Nigeria’s unity enough blood has been spilled and many hundreds of thousands of lives have been lost. Many have paid for the unity of this country with their lives and it will be wrong of us as men and women of goodwill in this generation to toy with those sacrifices that have been made. This is why men of goodwill in our generation must not tolerate any tendency that drags us in the direction of yet another civil conflict.

    “But we must be sensitive to the reasons why there are agitations by the various young men across the various zones of this country. Many have to do with perceived marginalisation, some have argued safety in the different zones have been compromised. But I want to say the only way to make things right is to do things right. And it will be wrong of us to approach even our grievances by threatening to disobey the laws or by threatening the integrity of our nation.”

    The Federal Government, the Acting President said, was committed to listening to all the reasons, the various suggestions and the agitations in order to ensure that justice is done to all.

    He said: “I recall that President Muhammadu Buhari said that as a person who served in the Nigeria Army committed his life to the service of this country and that he did so not alone but with others from the north, south, west and east of Nigeria. And that he fought side by side from the Congo to some many related places where he has served the country, protecting each other’s lives and ensuring that all of them were safe.

    “That in the Nigerian Army there were men and women from all parts of Nigeria and that is the reason according to him why he is so committed in ensuring that Nigeria remains one united country

    “Our greatness lies in our being together and I believe very strongly that as our royal fathers you will ensure the message is clear to all, that the greatness of any people lies in their ability to work together despite our differences, despite the types of offence that have been caused between each other, the greatness of any community lies in our unity.

    “We trust that you our royal fathers will give us he right directional advice to ensure that our country remains together.”

    On the traditional rulers’ roles on the matter, the Acting President said: “In planning these meetings I was conscious that we should have a separate set of meetings  with  our traditional rulers because of the peculiar and the unique positions that they hold especially in their relationship with those that live in their kingdoms.

    “I want to emphasise that it is the unique position that traditional rulers occupy that is behind separate consultations and we want to take much advantage of it as much as possible.

    “Most of us are aware especially for those who have been following the consultations, we have worked very hard to ensure that the representations across the two zones that we are interested in consulting with initially is as wide as possible and we have tried to inculcate that even in our traditional rulers today.”

    At the meeting were Speaker Yakubu Dogara, Deputy Senate President Ike Ekweremadu, Deputy Senate Leader Bala Ibn Na-Allah, Chief of Defence Staff Gen. Abayomi Olonoshakin, Inspector General of Police  Ibrahim Idris, National Security Adviser Babangana Mongonu, Chief of Staff to the President, Abba Kyari, and other top government officials.

    At the Fathers’ Day service at the Aso Villa Chapel, Methodist Church of Nigeria Prelate Dr. Samuel Kalu Uche described those agitating for secession and the Boko Haram sect, among others, as miscreants.

    “They were not given proper education, they were not brought up to respect humanity,” he added.

    He condemned the elders who he said were backing the young people in their agitations for a break-up.

  • Masari bans unlawful assembly in Katsina

    Masari bans unlawful assembly in Katsina

    Kaduna State Governor Aminu Masari has signed an order banning any form of unlawful assembly in the state.

    The ban was announced yesterday in a statement by Masari’s media aide, Abdu Labaran.

    Labaran said the February 27 order was in consonance with the power conferred on the governor by Section 97 (A) of the Penal Code.

    “Governor Masari declared that any assembly of two or more persons in any part of Katsina State is, hereby, banned.

    “The assembly, by whatever name and whether members are armed or not, is banned.

    “And if the objective of the assembly is to kill, injure, harass and intimidate the public or provoke breach of public peace, or go against the government or any public servant in exercising his lawful powers, resist execution of any law or of any legal process; or commit any mischief or criminal trespass or other offence.

    “Or enforce any right or supposed right by means of criminal force or show of criminal force; or compel any person to do what he/she is not legally bound to do or prevent to do what he/she is legally entitled to do by means of criminal force or show of criminal force,” he said.

    The statement added that defaulters will be prosecuted.

  • Employers berate unlawful picketing

    The Nigeria Employers Consultative Association (NECA) has berated unlawful picketing of its yearly general meeting at the weekend by a group under the leadership of Joe Ajaero, who claims to be the leader of a splinter group of Nigeria Labour Congress (NLC).

    Nigeria Employers Consultative Association (NECA) Director-General, Mr Olusegun Oshinowo, at a briefing noted that NECA had to postpone its AGM as the group barricaded the NECA’s House two entrances with a petrol tanker vehicle and a passenger bus, in spite of the presence of the Police, who behaved and acted helplessly.

    He said the group became unruly and unleashed mayhem on the entire neighbourhood while they did not allow anyone gain entrance or exit into the NECA House.

    Oshinowo drew attention to the negative implications of the descent of industrial relations practice and industrial harmony into disorderliness and the dispensation of lawlessness.

  • Bailiff alleges unlawful detention by EFCC official

    Bailiff alleges unlawful detention by EFCC official

    Allegations of refusal of service and unlawful detention have been levelled by a bailiff of the Federal High Court, Lagos against an operative with the Economic and Financial Crimes Commission (EFCC).

    An affidavit of facts deposed to by the bailiff, Mr. Lawal Jimoh, dated November 3, stated that on November 2, he attempted to serve three court processes on the operative at the commission’s 7A Okotie Eboh Street, Ikoyi, Lagos office.

    It claimed that after Jimoh introduced himself to the operative as a court bailiff, the processes, being Form 48 dated September 30, an Order dated October 30, and a Hearing Notice dated October 30, were served on her.

    Form 48 is a “notice of consequences of disobedience to court order”, which warns a party against whom an order is made, to obey it, failing which it would be cited for contempt.

    It is usually followed by Form 49 – a formal application for committal of the person(s) who refuse(s) to obey the court order or ruling.

    The affidavit stated further that the EFCC agent collected the processes from Jimoh and after going through it, “she ordered that I should take away the process from her”.

    “When I refused, she ordered a police officer named Inspector John A. A. to detain me until I take the process back.

    “I was held for three hours before I called my office for further instructions,” Jimoh said in the affidavit.

    He added that the Deputy Registrar of the Federal High Court called and advised him to collect the processes back, “when he discovered that my life was in danger”.

    The processes Jimoh attempted to serve was in respect of a contempt of court application deriving from a fundamental rights suit brought by a businessman, Jyde Adelakun, against the EFCC.

    When contacted, EFCC spokesperson Wilson Uwujaren said: “I don’t have such information, but I’ll cross check. I sincerely doubt that anything like that could happen.”

    Hearing on the matter will come up at the Federal High Court in Lagos on Monday, November 16.

  • Police arraign duo over ‘unlawful possession of firearms’

    The Police yesterday arraigned Rilwan Mufutau,18 and Mufutau Lukmon, 22, for alleged unlawful possession of firearms.

    The duo was brought before an Ikeja Magistrate’s Court on charges of conspiracy and illegal possession of firearms.

    Prosecuting Sergeant Kehinde Olatunde, said the accused committed the offence on May 15 at Ajegunle in Badagry, Lagos.

    He told the court that the accused, with others still at large, were caught with firearms, with intent to commit felony.

    “The accused were caught with a locally-made gun and a cartridge after the police received a tip-off from residents that some hoodlums were about to go out for a robbery operation. Some policemen from Ajegunle stormed the scene and arrested the accused, while others escaped. When a search was conducted on the accused, a pistol and cartridge were recovered,” he said.

    Olatunde said the offences contravened Sections 328 and 409 of the Criminal Law of Lagos State, 2011, which prescribes a seven-year jail term as penalty for offenders when convicted.

    The accused pleaded not guilty.

    Magistrate Aka Bashorun, granted them N100, 000 bail each with two sureties each in the like sum.

    He adjourned the case till September 31.