NAN-H-111
Appeal
By Martins Odeh
Abuja, March 7, 2017 (NAN) The hearing of an appeal filed by Ahmedu Bello University (ABU) challenging the re-engagement order of 110 staff was on Tuesday stalled at the Court of Appeal, Abuja.
The National Industrial Court (NIC) in Abuja had on Nov.7, 2016 in its judgment ordered the institution to recall the sacked staff and pay them a sum of N2.6 billion
The News Agency of Nigeria (NAN) reports that the N2.6 billion is the accumulation of the judgment creditors’ salaries and allowances for 20 years.
NAN further reports that the sacked staff were wrongfully laid off by the Late retired Major General Mamman Kotongora’s commission set up to sanitise the university in 1996.
The decision of the trial court was in compliance with all the recommendations of 2004 and 2010 Presidential Visitation Panel of the institution.
Dissatisfied with the decision of the lower court, the university approached the court urging it to dismiss the pronouncement.
At the resumption of proceedings, Mr John Majiyagbe, counsel to the appellant sought an adjournment to enable him regularise the record of appeal filed on March 7.
“My Lords, our record of appeal has been transmitted to this court on March 6. What is left now is for to push our motion for the regularisation of the record of appeal.
“ We shall be asking for a short adjournment to regularise all our processes,’’ Majiyagbe said.
However, Mr Femi Adedeji, who held the brief of Chief Femi Falana (SAN) raised objection on the alleged “negative device’’ of the appellant to prolong the execution of the judgment.
Adedeji also said, the court should discountenance the Majiyagbe’s verbal submission that the appellant had filed a motion to regularise the record of appeal.
He said the judgment debtor only made the move to be in court because the court had availed the parties with hearing notice of application to dismiss the notice of appeal filed by the judgment creditors.
“My Lords, the only intention of the appellant is for it to file a stay of execution of the judgment my clients got.
“But before then, the court may as well allow us to move our application praying for the outright dismissal of the appeal,’’ he said.
In a ruling, Justice Abubakar Yahaya held that the court was disposed to granting the appellant a short adjournment to regularise it process.
“We cannot shut the door on an applicant whose motion is already filed at the registry of the court. The only set back is that it has not got to us as at this moment.
“Hearing in this appeal and all other sundry motions attached to it are adjourned till April 4.
“Our understanding is however coming with a cost. The appellant is ordered to pay the sum of N60, 000 as cost,’’ Yahaya held.
NAN reports that Adedeji, counsel to the respondents had urged the court to order the payment of N100, 000 as cost for adjournment moved at the instance of the appellant.
It would be recalled that the 110 claimants, in 2013, instituted the suit to challenge the alleged illegal termination of their appointments by the university authority.
The claimants, who were both academic and non-academic staff of the university, averred that they had variously served the institution for over 20 years before an unlawful termination took place.
The claimants also listed Minister of Education, Adamu Adamu, Attorney General of Federation (AGF) and Minister of Justice, Abubakar Malami as nominal defendants.
Some of the staff affected are Prof. M.O Awogbade, Prof. F.A Adidu, Prof. M.A Afolabi, Prof. K.O Adejonwo, Prof. T.F Balogun and Prof. D.I Dim among others. (NAN)
OMO/MO
=========Edited by Morayo Omolade