Court Orders Ahmadu Bello Varsity To Reinstate 110 Workers Illegally Sacked Between 1996, 1999

A Court of Appeal, Abuja, has ordered the authorities of the Ahmadu Bello University, Zaria, to reinstate 110 staff, whose employments had been unlawfully terminated between 1996 and 1999.

SaharaReporters gathered that the sacked workers had served the college for a number of years in varied capacities earlier than their employments had been unceremoniously terminated by the University’s administration.

Court Orders Ahmadu Bello Varsity To Reinstate 110 Workers Illegally Sacked Between 1996, 1999 2

The Federal Government of Nigeria in 1995 appointed Major General Mamman Kontagora (Rtd) as the only administrator of the college contravening the stipulated Laws and Regulations.

In additional defiance of the established legal guidelines, General Kotangora, throughout his reign as the only administrator, sacked workers.

However, the Federal Government, beneath the present political dispensation had up varied administrative panels which really helpful a evaluation of the sack of employees by the previous navy regime.

While different universities complied with the directive, Ahmadu Bello University refused to stick to the directive.

The University additionally allegedly ignored the suggestions of a number of administrative panels arrange by the Federal Ministry of Education for the evaluation of the instances of the sacked employees.

 Hence, affected employees members filed a swimsuit on the National Industrial Court, Abuja Judicial Division looking for sure reliefs, together with;

“(a) a declaration that the determination of the plaintiffs’ appointment by the defendants from 1996-1999 without any just cause whatsoever is illegal, null and void.   

“A declaration that the plaintiffs are entitled to reinstatement as bonafide staff of the 1st defendant and payment of their outstanding salaries and allowances. (c) An order setting aside the defendant’s letter which purportedly determined the plaintiffs’ appointment from the public service forthwith.

“An Order directing the defendants to reinstate the plaintiffs forthwith and pay them all their outstanding salaries and allowances since their appointments were illegally determined.”

Consequently, in 2012, the legislation agency of Falana & Falana’s Chambers wrote the Federal Government via the Office of the Attorney-General of the Federation to pressurise the Ahmadu Bello University to handle the grievances of the aggrieved employees.

A swimsuit was thereafter filed on the National Industrial Court. 

The preliminary objection of the Ahmadu Bello University and the Attorney-General of the Federation that the case was statute-barred was dismissed.

The trial court docket said that the damage was steady, primarily based on the letter of the Attorney-General that the Complaint of the sacked employees was receiving consideration in 2012.

Consequent upon this, the National Industrial Court delivered its judgment in favour of the sacked employees.

In its judgment, the Court held that “it is hereby declared that the purported determination of the claimants’ appointment by the 1st defendant through the various letters is null and void and of no effect whatsoever.

“The claimants are hereby reinstated as bonafide staff of the 1st defendant and all outstanding salaries and emolument shall be paid to them within 30 days from today or else it attracts an interest of 10% per annum.

“The 1st defendant is hereby directed to immediately implement all the various visitation panel reports as it affects Ahmadu Bello University, Zaria, Nigeria, towards ensuring good governance, Industrial Harmony and workplace tranquility…”

Dissatisfied with the choice of the trial court docket, the Ahmadu Bello University appealed to the Court of Appeal through its Notice of Appeal dated 2nd November 2017 however filed on the eighth day of November 2018.

The University’s counsel, Kayode Amodu urged the Court of Appeal to put aside the judgment of the National Industrial Court for failure to think about the truth that employees had been sacked beneath the Public Officers (Special Provision) Decree No.17 of 1984. 

Nevertheless, the workers’ counsel. Femi Falana SAN who led Deji Morakinyo prayed the Court to dismiss the attraction because it was completely devoid of advantage.

In dismissing the attraction the Justices of the Court of Appeal (Theresa Ngolika Orji-Abadua JCA; Amina Audi Wambai JCA and Ibrahim Ali Andenyangtso, JCA) unanimously agreed with the submission of Falana that the Public Officers (Special Provision) Decree No.17 of 1984 was not relevant in view of the Reports of the Visitation Panels of 1999, 2004 and 2010 which really helpful the reinstatement of the respondents.

It was additional held incontrovertible fact that the swimsuit didn’t wholly problem the termination of the employment of the respondents however principally, the non-implementation of the 1999, 2004 and 2010 Federal Government White Papers which the University is by legislation responsibility sure to implement.

The court docket held that the Visitor to the appellant having accepted the suggestions of the Visitation Panels and directed the appellant to adjust to identical, the appellant was subsequently beneath compulsion to obey the directives of the Visitor.

The Appeal Court, subsequently, held that the refusal, neglect and failure of the appellant to implement the varied White Papers and Resolution Committee Reports quantities to unfair labour observe as assured by Section 254C (1) (f) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and opposite to worldwide finest practices and normal.

The attraction of the University was subsequently dismissed in its entirety as unmeritorious and the choice of the decrease court docket was affirmed by the Court of Appeal.

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Court Orders Ahmadu Bello Varsity To Reinstate 110 Workers Illegally Sacked Between 1996, 1999

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