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Tag: Industrial Court

  • ASUP seeks removal of rectors sacked by court, writes minister

    ASUP seeks removal of rectors sacked by court, writes minister

    The Academic Staff Union of Polytechnics, ASUP, has written to the Minister of Education, Adamu Adamu, over the sack of five rectors in federal polytechnics by the National Industrial Court, NICN, Holden in Abuja.

    Recall that NICN had ordered the sack of five rectors appointed by the federal government.

    The judge, Justice Obaseki Osaghae ruled that the appointment of the five rectors namely Dr Terlumun Utser of the Federal Polytechnic, Wannune; Prof Edwin Onyeneje of the Federal Polytechnic, Ohodo; Prof Edward Okey of the Federal Polytechnic, Ugep; Dr Zakari Ya’u of the Federal Polytechnic, Shendam; and Prof Garba Ngala of the Federal Polytechnic, Mungonu were not made in accordance with the law.

    The federal polytechnics Amendment Act 2019 stipulates that to be qualified for appointment as a rector in any of the polytechnics in Nigeria, such a person shall be a Chief Lecturer and must have not less than five years of experience in any Nigerian polytechnic.

    In the letter to Adamu dated March 24, 2023, ASUP’s national president, Anderson Ezeibe said, “The suit was instituted by our Union at the National Industrial Court of Nigeria, Abuja Judicial Division before Her Lordship, Hon.Justice. A. OBASEKI-OSAGHAE following their purported appointment in 2021 as Rectors of the respective Federal Polytechnics contrary to the clear provisions of the Federal Polytechnics Act (2019 Amendment).

    “Judgment has been delivered in the suit in agreement with our Union’s contention that the persons so appointed do not have the requisite qualification captured in the law to be so appointed amongst other declarations of the court. This judgment is viewed by our

    Union is one with immense benefits for the Nigeria Polytechnic System.

    “In view of the foregoing, and in respect of an earlier consent judgment delivered in another suit NICN/ABJ/12/2020 (Academic Staff Union of Polytechnics vs Attorney General of the Federation and 6 Ors) where the Federal Ministry of Education undertook to ensure compliance to the provisions of the Federal Polytechnics Act by operators in the sector”.

    Listing the demands of the union in line with the court judgement, ASUP said, “We hereby request the following: Immediate derecognition of the affected persons as Rectors of the affected

    Polytechnics; a directive to the Governing Councils of the affected Polytechnics to commence the process for the appointment of new Rectors for the affected Polytechnics in accordance to the law”.

    The minister could not be immediately reached for comments. However, findings by our correspondent revealed that the National Board for Technical Education, the regulatory body for polytechnics in the country acknowledged receipt of the letter.

  • Industrial court nullifies pension payments to Tinubu, Saraki, others

    Industrial court nullifies pension payments to Tinubu, Saraki, others

    The National Industrial Court has declared as null and void, payment of pension and gratuity to former governors and deputy governors, not in consonance with what is fixed by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).

    The court gave the judgment on Thursday while ruling in a suit brought against the Taraba State government by Alhaji Garba Umar, a former acting governor of the state.

    It was the second time in less than a month that a court will dismiss as illegal the pensions former governors are drawing from their states.

    In early December 2019 in Lagos, a Federal High Court also declared the pension illegal.

    Justice Oluremi Oguntoyinbo ruling on an application for an order of mandamus in a suit brought by the Socio-Economic Rights and Accountability Project (SERAP), ordered the federal government to recover pensions collected by former governors now serving as ministers and members of the National Assembly. He also directed the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to collect such pensions.

    Many retired governors, such as Bukola Saraki, Bola Tinubu, are benefitting from pension laws passed by the houses of assembly in their states. In Zamfara, Governor Bello Matawalle cancelled the payment after signing into law a bill passed by the Zamfara House of Assembly.

    In the latest ruling by the Industrial Court, the claimant, Garba Umar was once the acting governor of Taraba State. He dragged the state government to the court, claiming that he was entitled to gratuity as a former governor of the state, 300 per cent of his salary as medical allowance and other benefits as provided in Taraba State Governor and Deputy Governor’s Pension Law, 2015.

    But in its ruling, the court held that it appeared that there was a “contradiction by the provision of section 124(5) ‘of the 1999 Constitution’ which enabled the House of Assembly of a state to provide for pension or gratuity to governors and deputy governors which items are also placed under the exclusive legislative list under Part 1, of the Second Schedule to the 1999 Constitution.”

    “The question then is how to reconcile these two provisions of the constitution. The answer is by adopting a purposeful approach by which the court is required to look at the constitution as a whole and construe its provisions in such a way as to give effect to the general and specific purposes for which it was enacted; that is good governance and the welfare of all Nigerian based on the principles of equality and justice.”

    The court went further to hold that the state houses of assembly in Nigeria lacked the power to fix any amount in remuneration to its past governors and deputy governors as “pension or gratuity unless the Revenue Mobilisation Allocation and Fiscal Commission first of all determined an amount as pension and gratuity to past governors and deputy governors in which case such amount, so fixed, shall not exceed the amount as have been determined by the Revenue Mobilisation Allocation and Fiscal Commission.”

    It said since the commission had not fixed any amount as pension and gratuity to past governors and deputy governors in Nigeria, any law made by any state house of assembly granting pension and gratuity to its past governors and deputy governors was therefore null and void.

    The court, therefore, ruled that the Taraba State governor and deputy governor’s pension law, 2015 is null and void.”

  • Industrial court seals four commercial banks in Owerri

    The National Industrial Court in Owerri on Wednesday sealed four banks for disregarding its order which was issued in favour of a former Gov. Ikedi Ohakim of Imo.

    The banks are: Diamond bank Item St.branch, First Bank Plc, Bank road branch, United Bank for Africa (UBA), Mbari St. branch and the branch Union Bank at Bank road in Owerri.

    NAN reports that an order for execution issued by Justice O.O. Arowosegbe, was displayed on each of the affected branch.

    “An order granting leave to issue writ of execution of the order of this honourable court made in this suit on February 23, 2018, against, second, third, sixth and seventh garnishees, that is Diamond Bank, First Bank, United Bank for Africa and Union Bank PLC, respectively,” NAN quoted the order on display.

    A document of a court judgment on display at UBA indicated that the judgment mandated the affected banks to pay the plaintiff his claims from Imo State Government accounts domiciled with the banks, an order they had defied.

    The judgment which was dated February 23, 2018 reads in part, “Order absolute is made against the fifth garnishee (Skye Bank) to the tune of N112,000,000.00.

    “Order absolute to the tune of forty-four million, seven hundred and ninety thousand, eight hundred and thirty-one Naira, thirty-four kobo (N44,790,831.34), is made against the sixth garnishee (UBA), less the minimum amount required to maintain the account.

    “Order absolute is made against the seventh garnishee (Union Bank ) to the total sum of N8.8 million, less the minimum amount required to maintain the account.

    “The fourth garnishee is accordingly discharged.

    “In all, the degree absolute has been made on a cumulative total of N290 million.

    “The total sum is to be paid over to this court vide the Chief Registrar, National Industrial Court of Nigeria within 14 days next.”

    However, Ohakim had gone to court owing to the failure of his successor, Gov. Rochas Okorocha, to pay him his entitlements as a former governor of the state.

    The court delivered judgment in his (Ohakim’s) favour on May 24, 2016, but Okorocha allegedly refused to honour the court judgment.

    The ex-governor again went to court to enforce the judgment against the state governor by asking the court to issue an order to the banks where Imo State Government accounts are domiciled to pay him.

    The court granted the request through a garnishee order on Feb. 23, but the banks failed to pay the plaintiff.

    Ohakim also went back to the court to get an order for the sealing off of the affected banks until the entitlements are paid.

    A bank staff, who confirmed the development to newsmen said that “Our branch has been sealed by the court.

    “There is a garnishee order in a case involving former Gov. Ikedi Ohakim and Gov. Rochas Okorocha ordering us to honour a court judgment, but our bank did not obey court rule.”

    NAN reports that a notice of attachment from court in Owerri, dated Nov. 6, was pasted in front of the banks indicated that the affected banks had failed to honour a garnishee order issued by the court.

    A correspondent of the News Agency of Nigeria (NAN), who visited the areas saw the banks’ staff and customers stranded.

     

  • Termination of appointment: MTN rejects industrial court’s ruling, appeals judgement

    Termination of appointment: MTN rejects industrial court’s ruling, appeals judgement

    Telecoms giant, MTN Nigeria, has rejected the verdict of the National Industrial Court which awarded cost of over N4billion in favour of a former employee of the telco, noting that it had filed an appeal against the said judgement at a higher court

    “We can confirm that the National industrial Court took a position which we consider detrimental to our interests in a suit filed by a former employee. 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,” MTN explained in a statement.
    It reaffirmed its commitment to transparency and international best practices in its dealings with its employees across the country.
    “MTN 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,” the telecoms giant said.