By Ikechukwu Nnochiri

The National Industrial Court, NIC, sitting in Abuja, has settled the protracted leadership dispute rocking the Association of Senior Civil Servants in Nigeria, ASCSN.

The court, in a judgement that was delivered by Justice Oyewumi Oyebiola, reinstated Mr. Innocent Bola-Audu as the National President of the association.

In the virtual a judgement that was delivered on July 9, with the certified true copy sighted by Vanguard on Sunday, the court,  held that the suspension of Bola-Audu by the Central Working Committee of the ASCSN and his subsequent expulsion by the National Working Committee, was unlawful, illegal, null and void.

It held that the suspension was based on a false allegation that was earlier quashed by the High Court of Federal Capital Territory, FCT, sitting at Maitama.

The National Agency For The Prohibition Of Trafficking In Persons, NAPTIP, had on February 22, 2021, arrested and detained Bola-Audu over an allegation that he was involved in human trafficking and exploitation of vulnerable persons.

However, he was discharged and acquitted of the allegation by an Abuja high court.

While the case was still pending in court, the Claimant was suspended and removed from office.

Dissatisfied with the action, he approached the NIC for redress.

The Claimant, in the suit he filed on July 15, 2022, among other things, prayed the court for: “A declaration that he is the lawful and substantive National President of the ASCSN.”

He further prayed for, “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.”

As well as, “a declaration that the emergency meeting of the Central Working Committee requisitioned by the 2nd defendant held on 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 declarative reliefs, including an order awarding him the sum of N3million as damages.

In her judgement, Justice Oyebola, while dismissing a preliminary objection that was lodged against the suit by the defendants, held that the NIC had the requisite jurisdiction to handle the matter. 

She held that the Claimant was suspended in defiance to an order of the high court that directed all the parties to maintain status quo.

“Though the dispute is intra party, one peculiar fact set us apart from an ordinary intra union dispute, the claimant’s case is based on an alleged disobedience to an order of an  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”

“An FCT High Court had on 15th March 2021 ordered that parties should maintain status quo in a fundamental right enforcement suit filed by the claimant was disobeyed by the defendants

“An order of court is made to be obeyed whether rightly or wrongly made.

“The 3rd 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 leveled 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 I award the sum of three million naira against the defendantts jointly.

“An order is hereby made reinstating the Mr Bola-Audu back to his post as substantive National President of the ASCSN till when his tenure will be completed,” the court held.

Aside from ASCSN, cited as 2nd and 3rd defendants in the suit, are; Bashir Alade Lawal and Tommy Etim- Okon.