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From Godwin Tsa, Abuja
The National Industrial Court (NICN) has re-affirmed Innocent Bola-Audu as the lawful President of the Association of Senior Civil Servants in Nigeria (ASCSN).
In a virtual judgment by the Abuja division of the court, Justice Oyewumi Oyebiola, held that the suspension of Bola-Audu by the Central Working Committee (CWC) of the association and his subsequent expulsion by the National Working Committee (NWC) was unlawful, illegal, null and void. Although the judgment was delivered on July 9, 2024, the certified true copy was made available to Daily Sun, yesterday.
Justice Oyebola held that Bola-Audu ought to have been reinstated as the President of ASCSN after the High Court of Federal Capital Territory (FCT), sitting in Maitama had cleared him of all criminal charges filed against him by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP). Defendants in the suit are the Association of Senior Civil Servants in Nigeria (ASCSN), Bashir Alade Lawal and Tommy Etim- Okon as first to third, respectively.
On Monday, February 22, 2021, NAPTI) arrested and detained Bola-Audu Innocent for alleged cases of human trafficking and exploitation of vulnerable persons. He was, however, cleared of all the allegations by the Abuja High Court, discharged and acquitted. Bola- Audu had, on July 15, 2022, by a general form of complaint, filed a suit before the industrial court, praying the court for the following orders: “A declaration that he is the lawful and substantive national president of the ASCSN. An order of the court mandating the ASCSN and all its organs reinstating him back to his elected position as national president of the ASCSN with immediate effect. An order of the court mandating the ASCSN and its agents to ensure that he serves out his tenure of four years without any interruption.
“A declaration that the emergency meeting of the Central Working Committee requisitioned by the second defendant, held in March 2021, which purportedly reached a decision that he should step aside and the appointment of the third defendant as acting president, to replace him, is irregular, unlawful and illegal. The claimant also prayed the court for nine other declarations, with the 13th declaration being that “the sum of N3 million be awarded against the defendant as cost”.
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Justice Oyebola, while ruling on the preliminary objection filed by the defendants, held that they only raised the issue of jurisdiction after they had joined issues at the point where the claimant was almost closing his case.
“Though the dispute is intra party, one peculiar fact sets us apart from an ordinary intra union dispute, the claimant’s case is based on an alleged disobedience to an order of the FCT High Court. Section 6 of the 1999 Constitution of Nigeria makes the National Industrial Court superior court of record against an arbitration. “Disobedience to court orders cannot be settled through arbitration. The National Industrial Court by virtue of section 6 and 254 C(1) (J) of the constitution has exclusive jurisdiction to entertain trade disputes. The argument of the defendant that the matter is an abuse of court process as there is an appeal against the judgment of the FCT High Court is not tenable.
“No notice of appeal has been placed before this court and the issues canvassed at the FCT High Court are different from that before this court. The FCT High Court had, on March 15, 2021, ordered that parties should maintain the status quo in a fundamental right enforcement suit filed by the claimant. An order of court is made to be obeyed whether rightly or wrongly made”, the judge held.
She held that the suspension and expulsion of Bola-Audu was done unlawfully and declared it null and void, having been done in defiance to a subsisting order of court.
“The third defendant cannot continue to act as the acting president, but can return to his position as vice president if the union wishes. Mr Bola-Audu has been acquitted of the allegations levelled against him by NAPTIP, the ASCSN ought to have reinstated him. The claimant was in court most of the time for the proceedings and conducted himself in an orderly manner. It is in line of this that I award the sum of N3 million against the defendants jointly. An order is, hereby, made, reinstating Mr Bola-Audu to his post as substantive National President of the ASCSN till when his tenure will be completed”.
The judge also ordered that he be accorded all the benefits of the president.
