Court adjourns case on sacked Abia non-indigenes till Oct 10

Started by MrVan, Aug 08, 2012, 10:30 PM

MrVan

The National Industrial Court sitting in Enugu State has reserved ruling till October 10, 2012 on the court's jurisdiction on a suit filed by a group challenging the sack of non-indigenes by Abia state Government.

A coalition of Civil Societies on Education for All had in 2011 instituted a suit against Abia Government and six others challenging the disengagement of non-indigenes from its workforce.

In his written address in Enugu on Tuesday, the counsel to the applicants, Mr Steve Attah argued that the court had jurisdiction relating to any dispute on employment, labour, trade unionism, payment and non payment of salaries, pensions and other entitlements.

Attah said the affected workers were laid off based on discrimination, adding that it was a violation of their fundamental Human Rights.

"The 1999 constitution as amended confers on every citizen the right to work in any location of his or her choice within the federation without any form of discrimination, " he said.

The counsel also submitted that the applicants had the locus standi to institute the case, adding that the constitution provided that any corporate body or individual had the right to institute action against human right violation.

He, therefore, prayed the court to grant that their dismissal was against the constitution of the country.

In his submission, the counsel to the state government, Mr Emeka Ejimofor said that the court could not entertain the matter because the affected workers were not sacked but transferred to their various states.

"What happened is purely an executive decision, which is exclusive and nobody should interfere because it is exclusive to the government.

"Nobody is sacked but transferred to their states. All we are saying is that they should go home and serve their states, " he said. Ejimofor, however, urged the court to strike out the case.

Counsel to the Local Government Commission, Mr Samuel Ogbu supported the submission of Ejimofor, saying the court had no jurisdiction over the matter because it was a human rights case.

The presiding Judge, Justice Ibrahim Awa, however, reserved ruling till Oct 10 on the issue of jurisdiction.

The representative of the coalition, Mr Godson Ibekwuomelue said that the organisation went to court because the rights of Nigerians were violated and should be restored.

It will be recalled that on August 25, 2011, Abia Government had issued circular directing non-indigenes in its employment to disengage and return to their various states before October 1, 2011. (NAN)

Vanguard Nigeria