The National Industrial Court, Abuja on Monday overruled the preliminary objection raised by the Civil Defence, Immigration and Prison Service Board in a case it was joined in as second defendant.
The News Agency of Nigeria recalls that Obono Musa and 180 others had sued the Commandant-General, Nigeria Security and Civil Defence Corps, Dr. Ade Abolurin, alleging unlawful termination of their employment.
The claimants joined the Secretary, Civil Defence, Immigration and Prisons Service Board and the Nigeria Security and Civil Defence Corps as second and third defendants in the suit.
They prayed the court to declare that the verbal and oral suspension of the claimants by the NSCDC was null, void and of no effect.
The claimants also sought an order directing the defendants to recall all the claimants to work and to also release the original copies of their letters of employment to them.
They also asked for an order of the court directing the defendants to immediately pay them all arrears of salaries from 2007 till date.
Justice Oluseun Shogbola, while delivering the ruling, said that the action was properly instituted.
Shogbola also held that the second defendant was a necessary party in the suit as the matter could not be properly determined without the board being joined.
She said: “This action is competent since the claimants exhausted all the internal mechanism before instituting the action against the second defendant.
“The matter cannot be properly determined without making the second defendant a necessary party since the claimants averred that it was the second defendant that interviewed them before they were employed by the third defendant.”
She adjourned the matter to July 16 for commencement of hearing.
NAN also recalls that at the last adjourned date, the second defendant raised an objection challenging the suit on grounds of incompetence.
Counsel to the second defendant, Bolarinde Omaluabi, argued that the board was responsible for appointment, promotion, discipline and dismissal of senior officers of the corps.
Omoluabi said that the claimants were junior officers of the first defendant and that they had no business with the second defendant and urged the court to dismiss the suit.
“We submit that in line with the authorities cited and the rules of this honourable court this case should be dismissed for being incompetent,” he said.
While reacting to the application, the claimant’s counsel, Ibrahim Bawa, noted that the matter could not be properly determined without joining the second defendant.
He urged the court to discountenance the application as injustice would be done to the claimants by granting the prayers of the second defendant.
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