The Abuja division of the National Industrial Court has ordered the Central Bank of Nigeria (CBN), to pay 110 staff of the Ahmadu Bello University, Zaria, that were sacked in 1996 their entitlements in the sum of N2.5 billion.
Justice Rakiya Haastrup made the ruling by pronouncing Absolute an order nisi earlier made upon CBN. This means that funds standing to the credit of the Institution domiciled with the garnishee (CBN) should be used to pay the judgment debt.
The judge held that the consent of the Attorney-General of the Federation is not to be sought before the payment would be made because the AGF is a party in the suit.
The 110 staff had instituted the suit against ABU, the Attorney-General, and others following the failure of the institution to implement the recommendations of various panels which recommended the reinstatement of the staff with payment of their entitlements.
At the resumed hearing yesterday, Yahaya Mohammed, counsel to the first and third judgment debtor told the court that the matter was slated for a ruling.
He said on Tuesday that he had filed a motion on his client’s behalf seeking to regularise their process for an extension of time and to show cause. He told the judge that all parties have been served with the said motion.
In response, Femi Adedeji, counsel to the judgment creditors (110 staff) objected to the application. He argued that the court did not order the first and third judgment creditors to show cause as parties who needed to show cause had already done so.
Mr. Adedeji submitted that he received the said processes before the start of today’s proceedings which he claims amounted to delay of justice. He noted that the last date the court sat for the matter was on November 3, 2021, and processes ought to have been served on them earlier than yesterday.
After listening to submissions and arguments from both counsels, the judge struck out the application pursuant to rule 15 order 14 of the National Industrial Court of Nigeria (NICN) proceedings which state that such applications ought to have been filed seven days before the court sittings.
Justice Hasstrup stated that according to the NICN rule, when a matter is set for ruling, no motion is allowed to be brought before it.
In her ruling, the justice raised a sole issue for determination, whether there was sufficient material placed before the court to make an order absolute.
She, therefore, pronounced Absolute, the order nisi. which means that CBN is ordered to pay the 110 disengaged staff of the University their entitlements from ABU’s money in their possession.
The court also discharged the fourth garnishee (a commercial bank) from the proceeding.