16th June, 2015
Jethro Ibileke/Benin
Governor Adams Oshiomhole of Edo state, has been restrained by the National Industrial Court sitting in Akure, Ondo State, from terminating appointments of hundreds of members of the Judiciary Staff Union of Nigeria (JUSUN), Edo state branch.
Also restrained by the court over the case are the state Attorney General and Commissioner for Justice and the Judicial Service Commission, the Attorney General of the Federation and the Nigeria Labour Congress (NLC), pending the determination of the Motion on Notice.
It would be recalled that the state judiciary workers have been on strike since 5 January, 2015, over alleged refusal by the state government to impliment an Abuja Court judgement on financial autonomy of the Judiciary.
Following refusal by the state judiciary workers to heed appeals by the state government to resume work, State Judicial Commission in statement last week, ordered them to report for duty unfailingly on 10 June, 2015, or faced dismissal.
The statement signed by Secretary of the Commission, Mr. Issac Sanu, said, “Any worker who fails to report for duty as has been specified should consider himself/herself as having been dismissed from service.”
The Commission has however advertised for the employment of suitable and qualified candidates to fill the positions of the Judiciary workers who adamantly refused to report for duty as stipulated by the Commission.
But after entertaining hearings in a Motion of Notice filed by Comrade Uyi Ogieriakhi, leader of JUSUN in Edo State, through their Counsel, Uhunmwangho D.A. from Olayiwola Afolabi Chambers, Justice A. N. Ubaka, restrained the Respondents, whether by themselves, their servants, agents or privies, from terminating their appointments and advertising the positions of JUSUN members.
The Court further barred the Respondents from filling their positions on account of the ongoing industrial action embarked upon by members of JUSUN, pending the hearing and determination of the suit.
“It is further ordered that the 1st, 2nd and 3rd Defendants are hereby restrained from carrying out anything that will lead to the termination of the appointments of the Claimant/Applicant’s members, or advertise their position and or fill same on account of the ongoing industrial action embarked upon by the Claimant/Applicant’s members pending the hearing and determination of the Motion on Notice for interlocutory injunction filed in this case,” the Court ruled.
Justice Ubaka thereafter adjourned further hearing in the case to 23 June, 2015.