Courtroom affirms Bola-Audu as president, Affiliation of Senior Civil Servants in Nigeria
The Nationwide Industrial Courtroom(NIC) sitting in Abuja has reinstated Comrade Harmless Bola-Audu as genuine President of the Affiliation of Senior Civil Servants in Nigeria (ASCSN).
The decision was delivered by Justice Oyewumi Oyejoju in a digital proceedings monitored by Nairametrics on Sunday.
ASCSN is a commerce union representing workers within the Nigerian Civil Service.
Claimant’s case
Bola-Audu’s authorized group sued ASCSN, Bashir Alade Lawal, and Tommy Etim-Okon (1st to third respondents), looking for a declaration that the emergency assembly of its Central Working Committee in March 2021, which purportedly reached a choice that he ought to step apart over felony allegations filed in opposition to him by the Nationwide Company for the Prohibition of Trafficking in Individuals (NAPTIP), be nullified so he may be reinstated.
NAPTIP had arrested and arraigned Bola-Audu over alleged human trafficking offenses, however he was ultimately discharged by an FCT Excessive Courtroom.
Regardless of his acquittal, the affiliation members who eliminated him refused to reinstate him as president.
The claimant then approached the NIC for redress, looking for orders mandating the ASCSN and its brokers to make sure that he completes his tenure of 4 years with none interruption, amongst others.
However the defendants’ authorized group urged the courtroom to say no jurisdiction on the matter.
Additionally they argued that the matter is an abuse of courtroom course of as there may be an enchantment in opposition to the judgment of the FCT Excessive Courtroom.
What the decide stated
Passing her verdict on the case, the decide noticed that an FCT Excessive Courtroom had on fifteenth March 2021 ordered that events ought to preserve the established order in a basic rights enforcement swimsuit filed by the claimant, however the defendants disobeyed the directive.
She additionally noticed that the ASCSN ought to have reinstated the claimant because the foundation for his removing had been struck out by a reliable courtroom.
On the defendants’ argument a few pending enchantment, Justice Oyejoju stated the submission was not tenable as a result of they didn’t adjust to the subsisting order of a trial courtroom.
“Disobedience to courtroom orders can’t be settled by way of arbitration.”
“An order of courtroom is made to be obeyed whether or not rightly or wrongly made,” the decide held.
“The Nationwide Industrial Courtroom by advantage of part 6 and 254C(1)(J) of the structure has unique jurisdiction to entertain commerce disputes,” she stated.
She subsequently reinstated Mr. Bola-Audu again as substantive Nationwide President of the ASCSN till his tenure is accomplished.
She additionally ordered the defendants to pay a positive of N3 million to the claimant.
The NIC has jurisdiction over all commerce, union, and office issues.
