Appeal Court Gives Verdict on ABU Zaria's N2.5bn Payment to 110 Staff Sacked in 1996
- The Court of Appeal has upheld the judgment ordering ABU Zaria to pay over N2.5 billion to 110 staff whose appointments were terminated in 1996
- The court dismissed ABU’s appeal against the 2015 NICN judgment, describing the 2023 appeal as an afterthought, and awarded N5m cost against ABU, FME and AGF
- The appellate court also ordered the CBN to release the money immediately, warning that failure to comply could attract disciplinary action against its principal officers
Legit.ng Journalist Muslim Muhammad Yusuf is a 2025 Wole Soyinka Award winner, with over 8 years of experience in investigative reporting, human rights, politics, governance and accountability in Nigeria.
The Court of Appeal in Abuja has upheld the judgment ordering Ahmadu Bello University (ABU), Zaria, to pay over N2.5 billion in salaries and entitlements to 110 disengaged staff members
This brings to an end the long-running dispute that started with their termination in 1996.
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In two unanimous judgments delivered on Friday, a three-member panel led by Justice Okon Abang dismissed separate appeals filed by ABU and the Central Bank of Nigeria (CBN) and ordered the apex bank to immediately release the judgment sum to the affected workers.
The court also warned that failure by the CBN to comply could expose its principal officers to disciplinary action.
How the case started
According to Daily Nigerian, the dispute began after ABU disengaged the 110 workers in 1996. The affected staff later sued, and the National Industrial Court of Nigeria (NICN), in a judgment delivered on November 30, 2015, nullified their disengagement.
The NICN ordered ABU to reinstate them and pay outstanding salaries and other entitlements, calculated to be over N2.5 billion.
In the first appeal, marked CA/ABJ/CV/476/2023, ABU, the Federal Ministry of Education (FME) and the Attorney General of the Federation (AGF) challenged the 2015 judgment.
However, Justice Abang agreed with the submissions of the workers’ lawyer, Adegbiyega Kolade, and ruled that the appeal lacked merit.
The court held that the 2023 appeal against a judgment delivered in 2015 was an afterthought and rejected claims that the appellants were denied a fair hearing.
After resolving all issues against the appellants, the Court of Appeal dismissed the appeal and awarded N5 million costs in favour of the disengaged staff.
Court orders CBN to release the sum
In the second appeal, marked CA/ABJ/CV/1064/2022, the CBN challenged the garnishee order absolute issued by the NICN on January 27, 2022, directing the apex bank to pay the judgment sum from ABU’s funds under its custody.
As reported by the News Agency of Nigeria (NAN), the Court of Appeal dismissed the CBN’s appeal and ordered it to release the money without delay.
Justice Abang ruled that the NICN had the jurisdiction to entertain the garnishee proceedings since it was incidental to enforcing the earlier judgment in an employment dispute.
He also noted that the disengaged workers had no direct claim against the CBN in the garnishee process, describing the apex bank’s objection as misplaced.
Justice Abang criticised the CBN for what he described as an attempt to frustrate the enforcement of the judgment.
He questioned why the apex bank chose to engage counsel and file an appeal instead of obeying the court order, especially when the judgment had not been stayed or set aside.
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The judge said the apex bank ought to have released the funds, adding that it was not the duty of a garnishee to act like an advocate for judgment debtors.
The court also criticised the role played by the CBN’s counsel, Senator Ita Enang, stating that he should have advised the bank to comply with the order rather than pursue an appeal.
AGF consent not needed, court rules
The Court of Appeal also rejected CBN’s argument that the workers needed the Attorney General’s consent before filing garnishee proceedings against the apex bank.
Relying on the Supreme Court decision in CBN vs Interstella Communications Limited, Justice Abang held that where the AGF is already a party in the original suit, consent is not required before enforcing judgment through garnishee proceedings.
N5m cost against CBN: Warning issued
The court awarded an additional N5 million cost against the CBN in favour of the disengaged staff.
Justice Abang also issued a strong warning, stating that failure by the apex bank to release the funds promptly would attract disciplinary measures against its principal officers.
Other members of the panel, Justice Adebukola Banjoko and Justice Eberechi Wike, agreed with the lead judgments.
ABU graduate with a 3rd-class secured a job
Legit.ng earlier reported that a Nigerian graduate said he secured a job ahead of many classmates despite graduating with a third-class degree.
He argued that his academic grade did not reflect his knowledge or ability to perform well professionally.
Source: Legit.ng
