Unlawful Sack: Appeal Court orders CBN to release N2. 5bn to 110 former ABU workers

The Court of Appeal sitting in Abuja on Friday ordered the Central Bank of Nigeria (CBN) to forthwith release the sum of N2.5 billion standing to the credit of 110 former staff members of Ahmadu Bello University (ABU), Zaria, who were unlawfully sacked in 1996.

The appellate court, in a unanimous decision by a three-member panel of Justices, affirmed the decision of the National Industrial Court (NIC) in Abuja, which granted a garnishee order absolute directing the apex bank to pay the judgment sum to the workers from ABU’s funds.

The panel dismissed two separate appeals the CBN and ABU filed to halt the implementation of the Industrial Court judgment.

In its lead verdict delivered on Friday by Justice Okon Abang, the appellate court threatened heavy sanctions against the CBN leadership—if the bank refuses to release funds it has held in custody since 2018 for Ahmadu Bello University (ABU) to pay the aggrieved workers.

It dismissed the claim of the CBN that the 110 workers who were sacked by the ABU but reinstated by the NIC, could not use garnishee proceedings against it to collect the money.

CBN had contended that the embattled workers must first obtain the consent of the Attorney General of the Federation and Minister of Justice (AGF) before such payment could be effected, an argument the appellate court waved aside.

Justice Rakiya Haastrup of the Industrial Court declared unlawful on January 27, 2022, the action of the then Sole Administrator of ABU, General Mamman Kontagora, who in 1996 laid off the workers.

While dismissing appeals against the judgment, the appellate court held that the workers were right in filing garnishee proceedings against CBN to enforce payment of their entitlements as required by law.

The court berated the apex bank for wasting public funds to engage lawyers to file processes to frustrate the payment of entitlements to the aggrieved workers.

According to the court, the conduct of the CBN in opposing payment of the money was reckless and ireprehensible to the workers since the ABU had deposited the money to it for the settlement of the judgment debt.

“In this matter, it is not the duty of the CBN to play the role of the advocate but to implement the court judgment that awarded the money to the workers in the absence of any contrary court order.

“It is also unethical for the lawyer to the CBN to have supported the bank in frustrating the judgment of the Industrial Court. The unfortunate action of the CBN had prolonged the sufferings and hardships of the workers.

“The lawyer ought to have advised the CBN not to play the role of the advocate no matter how juicy the CBN brief. The action of CBN is cowardice. It took the matter personal against the workers who have been suffering since 2013.

“There is no lawful reason for the CBN to have filed this appeal against the judgment of the Industrial Court since the workers made no claims against the bank.

“The lawyer owes a duty to the court, to the country and to the 110 workers to see that they are not unjustly punished or denied the fruits of their court victory. He ought to have withdrawn his services if CBN goes against his advice. They ended up wasting the valuable judicial time of this Court.

“How can CBN be asking that the order of court not made against it be vacated when it has been holding the workers money since 2018?

“The situation must not continue. There must be an end to it. The workers deserve the fruit of their labour,” the Appeal Court added.