The National Industrial Court sitting in Abuja has re-affirmed Comrade Innocent Bola-Audu as the legal and lawful President of the Association of Senior Civil Servants in Nigeria (ASCSN).
In a judgment delivered virtually on 9th July 2024 Justice Oyewumi Oyejoju Oyebiola 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.
The Judge 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 1st to 3rd respectively.
It would be recalled that on Monday, 22nd February 2021, NAPTI) arrested and detained Bola-Audu Innocent for alleged case of human trafficking and exploitation of vulnerable persons.
He was however cleared of all the allegations by an Abuja High Court, discharged and acquitted.
Bola- Audu had on 15th July 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 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 9 other declarations, with the 13th declaration been that “the sum of three million naira be awarded against the defendant as cost”.
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 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 Judge held.
She held that the suspension and expulsion of Mr Bola-Audu was done unlawfully and declared it null and void having been done in defiance to a subsisting order of court.
“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 Judge also ordered that he should be accorded all the benefits of the President.