Author: Vivian Michael

A Federal High Court in Abuja on Friday dismissed the preliminary objection filed by the National Youth Service Corp (NYSC) against Gov. Peter Mbah of Enugu State’s N20 billion suit over alleged certificate forgery.

Justice Inyang Ekwo, in a ruling, held that the preliminary objection lacked merit and ought to be dismissed.

Justice Ekwo said that the provision of Section 20 of the NYSC Act, 2004 which the corps based its objection on was not applicable to Mbah since he was not a serving corps member.

“Again, I am minded to agree with the plaintiff (Mbah) on whom the provision of Section 20 of the NYSC Act, 2004 applies.

“This means that the provision has a category of persons to whom it is applicable.

“A keen perusal of the provision of Section 22 (1) and (2) of the Act would reveal that it sets out the person to whom the provision of Section 20 of the Act applies which is a ‘member of the service corps’ which is defined to mean a person registered as a member of the service corps.

” It is then stated in Section 21 (2) that for the purpose of the Act, the reference to a ‘member of the service corps’ includes, unless to the context otherwise requires or it is otherwise expressly provided, a prospective member of the service corps or any person who is a registered member.

“The major characteristic of the provision of Section 21 (1) and (2) of the Act, is that the draftsman puts wordings thereof in the present tense and not past tense.

“It makes the provision applicable to ‘a prospective member of the service corps or any person who is a registered member,’” he said.

Justice Ekwo held that upon studying the statement of Mbah’s claim, he found no averment or claim thereof where it was stated that the governor was either “a prospective member of the service corps or any person who is a registered member.”

He said it was a settled law, without prejudice to the position of the law, that “the jurisdiction of a court is determined by the subject matter of the action and the claim before the court.”

“Consequently, I find that the substance of the preliminary objection of the defendants is not predicated on a proper interpretation of the provision of Section  20 of the NYSC Act, 2004 and therefore premised on erroneous consideration of the said provision.

“It is rather sad that this preliminary objection has been used to waste the time of the court and consequently divert proceedings in this case from the substantive matter,” he said.

Justice Ekwo, who dismissed the NYSC’s preliminary objection for lacking in merit, adjourned the matter until Sept. 21 and Sept. 22 for hearing.

Governor Mbah had sued the NYSC and its Director, Corps Certification, Mr Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on January 6, 2003.

Justice Ekwo, on May 15, restrained the NYSC, Muhammad and any of their agents from, henceforth, engaging in such publication pending the hearing and determination of the substantive matter.

The order followed an ex parte motion moved by Mbah’s counsel, Mr Emeka Ozoani, SAN.

But the NYCS, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.

Giving three grounds of argument, the corps said that Mbah did not appeal to the president as required by the provisions of Section 20 of the National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004 before instituting the suit against the defendants.

It argued that appeal to the president was a condition-precedent to instituting an action against the defendants in any court of law in Nigeria.

 According to the NYSC, consequent upon the refusal of the plaintiff/respondent to comply with the provisions of Section 20 of the National Youth Service Corps Act, this suit is premature for the jurisdiction of the court to crystalise.

The NYSC had, on Feb. 1, written a letter signed by Mr Ibrahim Muhammed saying that the NYSC certificate belonging to Mbah was not issued by the corps.

Mbah of the People’s Democratic Party (PDP) was declared the winner of the Enugu state governorship election held in March 18 by the Independent National Electoral Commission (INEC).

A Federal High Court in the FCT on Thursday struck out an application filed by the Department of State Services (DSS) to secure an order to detain the suspended former Governor of the Central Bank, Mr. Godwin Emefiele for a further 14 days.

The DSS had in an application told the court that the agency has uncovered fresh evidence that warrants the request for the order.

The application, which was marked FCT/HC/M/12105/2023 and heard by Justice Hamza Muazu, was quietly filed Wednesday (yesterday) by the lawyers from the agency and came up before the vacation judge today.

Justice Muazu struck out the application for being an abuse of court process and for want of jurisdiction.

When the judge questioned the counsel to the DSS, Victor Ejelonu, on the court’s jurisdiction in view of the provisions of Sections 293 and 296 of the Administration of Criminal Justice Act which vests exclusive rights on the Magistrates’  Court to grant detention order, the counsel withdrew the prayer.

Emefiele, was on Tuesday granted bail in the sum of N20 million with one surety in like sum by the Federal High Court in Lagos State.

He was granted bail after pleading not guilty to the two-count charge bordering on an alleged illegal possession of firearms and ammunition.

Emefiele is facing two counts of illegal possession of firearms and ammunition preferred against him by the Federal Ministry of Justice before the vacation judge, Justice Nicholas Oweibo.

The Federal Government, through the Ministry of Justice, has described the notice of strike action by the Nigeria Labour Congress (NLC) as illegal and in contempt of court.

FG is reacting to the national president of NLC Joe Ajaero and Secretary-General, Emmanuel Ugboaja, call on Nigerian workers to prepare for a nationwide strike on August 1, to protest the hike in the price of fuel.

The Federal Ministry of Justice, through the Solicitor-General of the Federation, Mrs B.E. Jedy-Agba, said the attention of the ministry has been drawn to media reports indicating that the leadership of the NLC endorsed a 7-day notice of their intention to embark on nationwide strike action from 2nd August 2023, if the demands of the labour unions are not met.

The SGF said, “It is pertinent to alert members of the NLC and the general public to the pendency of SUIT NO: NICN/ABJ/158/2023 – FEDERAL GOVERNMENT OF NIGERIA & ANOR V. NIGERIAN LABOUR CONGRESS & ANOR before the National Industrial Court, wherein His Lordship, Anuwe, J., on 5th June 2023 granted an injunctive order restraining Nigeria Labour Congress and Trade Union Congress from embarking on the planned industrial action/or strike of any nature, pending the hearing and determination of the pending Motion on Notice, which is also praying for an order of interlocutory injunction for parties to maintain status quo pending the determination of the dispute or issues submitted to the court. The said Motion on Notice is still pending.

“It is noted that the issues (removal of fuel subsidy, hike in prices of petrol and consequential increase in the cost of living, etc) which precipitated the above court action are the very same issues over which NLC has now issued another strike notice.

“The NLC has submitted to the jurisdiction of the court and is being represented by the reputable law firm of Femi Falana, SAN. It is therefore our minimum expectation that NLC will allow the courts to perform their constitutional roles rather than resorting to self-help and undermining the orders of the court.

“We note with dismay that this latest strike notice is consistent with the inexplicable disdain which the NLC leadership has visited on the authority of the court in recent times following earlier inciting and derogatory remarks made by the NLC President against the court. Indeed, the avowed penchant of the leadership of the union for casting aspersions on the Judiciary is quite worrisome and concerning,” she said.

*Says NIC ignored section 3 (2) of the Trade Union Act

Femi Falana, a prominent Constitutional Lawyer and Senior Advocate of Nigeria (SAN), has raised objections to the recent judgement of the National Industrial Court, which granted official recognition to the Congress of Nigerian University Academics (CONUA) and National Association of Medical and Dental Academics (NAMDA) as trade unions.

Citing various Supreme Court rulings, Falana argued that the Apex court had previously emphasized the mandatory nature of Section 3(2) of the Trade Unions Act.

According to this section, the Registrar of Trade Unions must refuse the registration of a trade union if there already exists another union catering to the same interests as the one applying for registration.

In response to the judgement, Falana contended that the Supreme Court had previously upheld the constitutionality of Section 3(2) of the Trade Unions Act.

As counsel to the claimant, the Academic Staff Union of Universities (ASUU), he criticized the Industrial Court for seemingly disregarding the decision of the Supreme Court in the case of Osawe & Ors v Registrar of Trade Unions [1985] 4 NWLR (Pt.4) 755.

In that case, the Supreme Court had held that the right of association guaranteed by Section 37 of the 1979 Constitution, like other rights in Chapter IV of the Constitution, was not an absolute right and could be limited in accordance with Section 41 of the same Constitution (now Section 45 of the 1999 Constitution).

Falana further explained that the Trade Unions Act 1978 was enacted to maintain public order and prevent the chaotic proliferation of trade unions that prevailed before the law’s enactment. It aimed to establish a sense of order in the trade union landscape.

The disagreement over the judgement highlights the complexities of trade union recognition and the ongoing efforts to strike a balance between the right of association and maintaining order within the trade union sector.

“For the avoidance of doubt, the Supreme Court held that by section 3(2) of the Trade Unions Act, it was mandatory for the Registrar of Trade Unions to refuse registration of a trade union once there is in existence a trade union that caters for the same interest as the one applying for registration.

“The NIC ignored the case of  Registered Trustees of National Association of Community Health Practitioners (RT, NACHPN) & Ors v Medical and Health Workers Union of Nigeria (MHWUN) & Ors [2008] LPELR-3196 (SC); [2008] 2 NWLR (Pt.1072) 575, where  the Supreme Court affirmed its decision in the case of Osawe v Registrar of Trade Unions (supra) and came to the same conclusion. 

“The Justices unanimously held that Section 3(2) of the Trade Unions Act makes it mandatory for the Registrar of Trade Unions, on receiving an application to register any trade union, to ensure that there is no any other registered trade union in existence which caters for the same interest as the one applying for registration,” Falana said.

Recall that the Industrial court, in its judgment delivered by Justice Benedict Kanyip held that in line with the International Labour Organisation (ILO) Act, there can be more than one trade union within an employment.

The judge in addition stated that contrary to the claimant’s submission that Section 3 (2) of Trade Union Act made the first and second defendants incompetent to register CONUA and NAMDA to coexist and carry out the same functions in the universities as ASUU.

Kanyip said that the Section does not encourage the monopoly of trade unions, but rather the section encourages the existence of other trade unions.

The court said “The reliefs prayed by the claimant failed, refused and I so hold. I make no order as to cost”

The claimant’s counsel, Mr Femi Falana SAN, submitted two questions for determination.

Part of the question was whether by Section 4 (2) of the constitution of Nigeria 1999 as amended and Section 3 (2) of TUA, the second defendant can register CONUA and NAMDA to carry out the same functions covering the same jurisdiction sphere as the claimant.

The counsel further averred that the second and third defendants registered the third and fourth defendants in a bid to split ASUU.

The first and second defendants in reply submitted that the court should determine whether the issues raised by the claimant were not speculative and academic.

The third defendant on its part raised three issues that bordered on whether the claimant put before the court any proof, whether the claimant’s suit was not liable to be dismissed, and whether the third and fourth defendants were not legally registered.

The fourth defendant submitted for the determination of the court whether there was any violation in the registration of the two unions.

According to the court, the claimant gave evidence of this assertion from an online publication titled, “FG registers 2 new university unions in a bid to split ASUU”.

Although the fourth defendant objected to the admissibility of the publication in evidence, stating that the publication was a hearsay evidence, the court however dismissed the objection and allowed the admissibility as Exhibit 1.

The court also held that the fourth defendant was not registered as a trade union until Jan.11, collected the certificate of registration on Jan. 13, and formally completed all processes to be registered as a trade union on Jan.17, 2023.

The court therefore ruled that as of June 26, 2022, when the claimant filed the suit, the fourth defendant was not in existence.

As part of its efforts to block leakages and incessant infiltration of ghost workers in the Civil Service, the Federal Government has busted 1,618 civil servants with fake employment letters.

The Head of Service of the Federation, Folashade Yemi-Esan, disclosed this while speaking during a media parley ahead of the 2023 Civil Service Week.

According to her, the discovery was made after the introduction of control mechanisms set up by the Service to address loopholes identified in the Integrated Personnel and Payroll Personnel Information System (IPPIS).

The Head of Service said 69,854 officers have been captured in the core Ministries, Department, and Agencies (MDAs) across the six geopolitical zones of the country and the Federal Capital Territory.

She added that the exercise has recorded continuous suspension of officers from the IPPIS platform for not uploading their records.

Yemi-Esan also disclosed that the government was working towards an upward review of the Duty Tour Allowances of civil servants.

“The Presidential Committee on Salary Harmonization is working to review salaries to reduce the disparity. 40% of the basic salary has been approved by FEC as a Peculiar allowance with effect from January 2023. Also, we are working towards an upward review of staff Duty Tour Allowance (DTA),” she said.

The Nigerian Bar Association (NBA) on Wednesday, described as despicable, the July 25 altercation between the Department of State Security Service and officials of Nigeria Correctional Service (NCoS) before a Federal High Court Lagos.

NBA President, Mr Yakubu Maikyau (SAN) has consequently called for disciplinary measures against officers involved in the shameful act.

He made this known in a statement in Lagos on Wednesday, in reaction to the recent faceoff between officials of the sister agencies over custody of suspended governor of the Central Bank, Mr. Godwin Emefiele who was arraigned on charges bordering on illegal possession of firearms.

He was granted bail in the sum of N20 million with one surety in like sum and the court had ordered that he be remanded in the Ikoyi correctional facility, pending perfection of his bail.

Trouble, however, started when officials of the correctional service, sought to take Emefiele into custody but were resisted by men of the DSS who were armed to the “teeth”

DSS had sought to re-arrest Emefiele and take him to their custody instead.

The ensuing disagreement had resulted in a fight between some men of the DSS who manhandled a senior official of the prisons,.

Reacting to the development, the NBA president urged disciplinary measures by the government, on the defaulting parties.

Part of the statement reads:

“The NBA has further condemned the brazen disrespect for the judicial process and sanctity of the court premises.

“The NBA has particularly denounced the DSS for its peculiar part in the disgraceful and unlawful conduct, considering the fact that the Court had earlier ordered that the suspended CBN governor be kept in a Correctional Centre pending the perfection of his bail conditions.

“A situation where officers of Federal Government agencies engage in a fight as witnessed by the public, for whatever reason, is antithetical to our security as a nation and creates a recipe for anarchy and chaos.

“Both the DSS and the NCoS are important institutions dealing with national security and administration of justice respectively, and the need for them to work in concert toward attaining justice in a secured Nigeria cannot be over emphasised.

“While it is difficult not to hold the leadership of the two Federal Government agencies directly responsible for the shameful and disgraceful conduct of the personnel, the NBA president has particularly called on the two agencies “to take immediate disciplinary measures against the officers involved in this disgraceful conduct,” he said.

In addition to this disciplinary measure, Maikyau also called for a complete overhaul of the institutions and a total reorientation of the personnel, to achieve professionalism and ensure synergy in the discharge of their respective constitutional responsibilities

He said the NBA remained committed to the promotion and protection of the principles of the rule of law and due process, within a safe and secured Nigeria.