The National Industrial Court (NIC) sitting in Abuja has delivered a significant judgment, reinstating Innocent Bola-Audu as the rightful President of the Association of Senior Civil Servants in Nigeria (ASCSN). The virtual verdict, pronounced by Justice Oyewumi Oyejoju on July 9, 2024, marks a dramatic turn of events in a leadership dispute that has plagued the union for several years.
Court Declares Suspension and Expulsion Unlawful
In her ruling, Justice Oyejoju declared the suspension of Mr. Bola-Audu by the ASCSN’s Central Working Committee and his subsequent expulsion by the National Working Committee as “unlawful, illegal, null and void.” The judge emphasized that the actions taken against Mr. Bola-Audu were procedurally flawed and lacked legal justification.
This decision stems from Mr. Bola-Audu’s arrest by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) in February 2021. He faced accusations of human trafficking and exploitation of vulnerable individuals. However, the FCT High Court sitting in Maitama ultimately cleared him of all charges, discharging and acquitting him.
The court’s reasoning focused on the principle that an individual cannot be punished by their union based on unproven allegations. Justice Oyejoju held that “suspension and expulsion are serious disciplinary actions that require due process.” Since Mr. Bola-Audu had been exonerated by a competent court, the union’s actions were deemed a violation of his fundamental rights.
Disobedience to Court Orders Cannot be Settled Through Arbitration
The judgment also addressed a separate but related issue. The ASCSN had attempted to resolve the dispute through internal arbitration, disregarding the High Court’s decision that cleared Mr. Bola-Audu. Justice Oyejoju firmly rejected this approach, stating, “Disobedience to court orders cannot be settled through arbitration.” The judge highlighted that court orders are binding, regardless of whether the parties agree with them or not.
This aspect of the ruling reinforces the principle of judicial supremacy in Nigeria. It clarifies that trade unions, like any other entity, are subject to the legal system and must respect court rulings.
Reinstatement and Financial Penalty
Following the court’s determination that Mr. Bola-Audu’s removal from office was unlawful, Justice Oyejoju ordered his immediate reinstatement as the substantive National President of the ASCSN. This effectively restores him to his rightful position and allows him to complete his term.
Furthermore, the court imposed a fine of N3 million on the defendants in the case: the ASCSN itself, Bashir Lawal (believed to be a member of the National Working Committee), and Tommy Etim-Okon (whose position within the union is unclear). This financial penalty serves as a deterrent against future instances of wrongful dismissal and highlights the seriousness of the court’s decision.
Potential Implications for ASCSN
The reinstatement of Mr. Bola-Audu has the potential to significantly impact the ASCSN. The union’s leadership has been in flux since his initial suspension, and this verdict brings a degree of certainty to its governance structure.
However, the path forward for the ASCSN remains unclear. The internal divisions that led to Mr. Bola-Audu’s removal may not have entirely dissipated. Reintegration and reconciliation efforts may be necessary to ensure the union’s smooth functioning and effective representation of its members’ interests.
Reactions and Opinions
The court’s decision has generated mixed reactions. Supporters of Mr. Bola-Audu have hailed the verdict as a victory for justice and due process. They believe it vindicates his position and restores stability to the union’s leadership.
On the other hand, some within the ASCSN may express reservations about the judgment. They might question the court’s intervention in internal union matters or raise concerns about Mr. Bola-Audu’s ability to effectively lead after a period of such turmoil.
The full impact of the court’s decision will likely become clearer in the coming weeks and months as the ASCSN grapples with its implications and navigates its path forward.
Concluding Remarks
The National Industrial Court’s judgment in the case of Mr. Bola-Audu is a significant development for the ASCSN and for Nigerian trade unions at large. It underscores the importance of due process in handling disciplinary matters and reaffirms the legal system’s authority to ensure fair treatment even within union structures.
While challenges may lie ahead for the ASCSN, this verdict presents an opportunity for the union to rebuild trust, address internal divisions, and continue effectively advocating for the rights and interests of its senior civil servant members.
