The National Industrial Court sitting in Abuja has reaffirmed Comrade Innocent Bola-Audu as the legal and lawful President of the Association of Senior Civil Servants in Nigeria (ASCSN).
In a judgement delivered virtually on July 9, 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 ASCSN, Bashir Alade Lawal, and Tommy Etim-Okon as 1st to 3rd respectively.
It would be recalled that on Monday, February 22, 2021, NAPTIP arrested and detained Bola-Audu for an 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 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 to reinstate 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 in March 2021, which purportedly reached a decision that he should step aside, and the appointment of the 3rd 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 three million naira be awarded against the defendant as cost.”
Justice Oyebiola, 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 an FCT High Court.
“Section 6 of the 1999 Constitution of Nigeria makes the National Industrial Court a superior court of record against 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 judgement 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 those before this court.
“An FCT High Court had on 15th March 2021 ordered that parties should maintain the status quo in a fundamental rights enforcement suit filed by the claimant was disobeyed by the defendants.
“An order of the 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 of a subsisting order of the 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 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 with this that I award the sum of three million naira against the defendants jointly.
“An order is hereby made reinstating 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.
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