The National Industrial Court of Nigeria (NICN), on Thursday, awarded a fine against the Central Bank of Nigeria (CBN) for stalling the hearing of the suits filed by 62 disengaged staff members.
Justice Osatohanmwen Obaseki-Osaghae, in a short ruling on the oral application of the counsel to the ex-workers, Ola Olanipekun, SAN, ordered the CBN to pay an aggregate sum of N620, 000.
The 62 ex-employees, who are claimants, filed separate suits against the nation’s apex bank as the sole defendant.
In one of the originating summons marked NICN/ABJ/26x/2024, dated August 21, 2024 but filed on August 22, 2024, by a team of lawyers led by Ola Olanipekun on behalf of one of the staff, the claimants urged the court to nullify the termination letters issued to them.
They sought a declaration that the letter, titled ‘Re-ORGANISATION’ dated May 23, 2024, but with effect from May 24, 2024, issued by the CBN’s director of the Human Resources Department, and addressed to the claimants, was in contravention of the provisions of the CBN Act 2007.
They said the action contravened the bank’s human resource policies and procedure manual and, therefore, was arbitrary, unlawful, null and void.
They sought a declaration that the claimants’ contract of employment with the CBN subsisted and remained valid and of full effect till date.
They, therefore, sought an order setting aside the purported termination of the claimant’s employment vide letter titled ‘REORGANISATION,’ dated May 23, 2024, for being arbitrary, unlawful, null and void.
They also asked the court for an order directing the CBN to reinstate them to the positions they were at the time of the termination letters or other higher positions as they would ordinarily have attained or been promoted in the course of their employment if the same were not unlawfully terminated.
They equally sought an order directing the bank to pay them their monthly salaries, allowances and other emoluments/entitlements which they would have earned if their employment had not been unlawfully terminated, among other reliefs.
Besides, the claimants’ counsel had also filed a motion to consolidate the cases.
Upon resumed hearing in one of the suits, Mr Olanipekun informed the court that the matter was scheduled for hearing of the substantive originating summons as well as the preliminary objection of the CBN.
The senior lawyer said they were ready to proceed.
Responding, CBN’s lawyer, Wilson Inam, SAN, told the court that he filed an application, dated November 26, seeking an order of the court to convert the claimants’ originating summons to writ of summons because the facts were in dispute.
“I apologise for filing it just yesterday and for serving my learner brother this morning in court,” he said.
Mr Olanipekun, who argued that the matter came up last on October 2, said there was sufficient time to have filed the motion for them to respond appropriately.
“It is important to say that we were served with this application this morning,” he said.
He argued that contrary to Mr Inam’s submission in his motion, the facts in the instant case are perfectly within the rules of hearing it via the originating summons.
He prayed the court to disregard the CBN’s application so that the case could proceed accordingly.
Mr Olanipekun stated that the apex bank’s motion was a setback to the quick determination of the case and that the bank had indirectly forced an adjournment on the matter.
The lawyer, who said the case involved 62 claimants, who were all in court, prayed the court for a cost.
“We ask for a conservative cost of N10, 000 per person and a total of N620, 000.
“This is because this matter was slated for hearing and the claimants and their counsel are diligently ready to proceed so that we can address the injustice done on the claimants,” he said.
According to him, they urged the judgw for a very short date for next week to come and hear this application.
The CBN’s lawyer, in his response, prayed the court to discountenance Mr Olanipekun’s application for a cost.
In her ruling, Justice Obaseki-Osaghae aligned with Mr Olanipekun’s argument.
The judge held that the motion filed by the defendant had affected the hearing of the case.
According to her, cost follows event.
“Cost is hereby awarded in the sum of N620, 000 and this should be paid before the next adjourned date,” the judge ruled.
Justice Obaseki-Osaghae adjourned the matter until January 12, 2026, for hearing of the pending motions.
Recall that Justice Benedict Kanyip, in 2024, recused himself from the suits following the announcement of a lawyer’s name in CBN’s team of counsel, who happens to be an in-law to the judge.
Obafemi Agaba of Jackson, Etti, and Edu & Co, had, while announcing their appearance for CBN, said there was a consortium of law firms that would be representing the bank in the case, including D.D. Dodo, SAN & Co law firm.
Then Justice Kanyip, who is also the President of NICN, disclosed that Damian Dodo is his in-law.
The judge, therefore, said he was uncomfortable continuing with the matter.
The disengaged workers were said to be instrumental in the establishment of the defunct Economic Intelligence Unit (EIU) of the CBN in 2018.
The EIU was created as a special-purpose vehicle for fostering a safe and sound financial system in Nigeria and to enhance banks’ healthy competitiveness and resilience to shocks.
The unit, in one of its achievements, was its investigation of the Process and Industrial Development (P&ID) in conjunction with the EFCC in 2020, leading to the granting of the right of appeal and eventual acquittal of Nigeria from the P&ID humongous US$11 billion arbitral award.
The unit was said to have established the case of fraud and bribery against P&ID through hectic financial analyses of fund flows.
The claimants said other milestone investigations handled by the EIU included the recovery of N3.18 billion stealthily concealed by one of the bank’s agents; the identification and penalising of betting and gaming companies engaged in massive repatriation of FX without the requisite approval and documentation by the relevant authorities, among others.
The ex-workers, however, alleged that despite the unit’s achievements, staff members of the EIU were all maliciously targeted.
(NAN)
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