5,000 Sacked Teachers: AKSG Comes Under Pressure In Court… Pleads For More Time

By UbongAbasi Ise

Having failed to meet up with the time stipulated for the filing of an appeal against the decision of the National Industrial Court in Suit Number NICN/UY/03/2017 delivered on 18^th May 2017, the government of Akwa Ibom State was, on Monday, granted 14 days extension by the presiding judge, Ibrahim Mohammed Saulawa of the Court of Appeal, Calabar Division.

The state government had earlier filed the motion seeking leave to appeal on 30^th May, 2017, but later discovered a defect on the said motion, and had to file a new application at the appellate court, The Sensor gathered.

Within the extended 14 days, the applicants would seek leave of court in order to document evidential appeal against the May 18 ruling of the National Industrial Court.

Explaining why they did not object to the motion prayed by the applicants at the Court of Appeal,  counsel to the 5,000 teachers, Barr. Clifford Thomas, told our correspondent that it is proper to allow the appellants get the leave of court since it is their constitutional right to appeal the matter.

“We did not need to oppose their application because there is constitutional right to seek leave to appeal the matter. And we believe it is proper to allow the appellants to get the leave of court. We ordinarily would have opposed, but we said no. If it is the constitutional right, why oppose? Good enough, we didn’t oppose and the court granted their application. Now the matter has been properly entered. So whatever information we have to give the court, it is proper that we give the court now. We couldn’t have done that if we had opposed their application. We have also saved time, energy and resources that would have been put in contesting the leave for appeal. So for the court to grant appellants leave to file the notice of their appeal, it is a good thing,” he said.

The human right lawyer expressed readiness to get into action according to the rhythm of applicants’ appeal.

“They have 14 days to file the notice of their appeal, and we are waiting because we also want to see the record so that we can get into action with respect to their appeal. The court was right to have granted them because we wanted the court to grant them the leave,” Thomas said.

As would be recalled, the state government had prayed the National Industrial Court sitting in Uyo before Justice M.N. Esowe to strike out the suit bordering the sack of 5,000 teachers for lack of jurisdiction on the ground that 5,000 teachers lack the collective right to institute the suit in a representative capacity, while adding that each of the affected teachers has a separate cause of action against the state government.

But the application of the state government was dismissed by National Industrial Court as the ruling of Justice Esowe holds that the interest and grievances of the 5,000 teachers are common in the case.

“It is my view that instituting different actions in this case and on this same subject matter will lead to multiplicity of suits and abuse of court process.

The claimants were employed together, they were to receive similar salaries and their appointments were purportedly terminated on the same day. This makes their interest and grievances in this case common.

I disagree with the defendant/applicant that the claimants have personal rights of action and as such cannot sue in representative capacity. The issue is not whether these claimants have personal right, the question should be whether the rights of action each of them has, are common in nature as to warrant of the claimants can sue in representative capacity so as to avoid multiplicity of suit? The answer again is yes,” said the presiding judge.

The matter was then moved to Industrial Court in Calabar for accelerated hearing which was scheduled on 11 and 13 September, but the hearing was aborted by the notice of appeal obtained by the state government from the Court of Appeal.

It would be recalled that about 5,000 applicants were given Offer of Appointment Letter into Pensionable Establishment dated 2^nd February, 2015 in line with Chapter 2 of the Akwa Ibom State Public Service Rule (2010 edition).They were employed as Master/Mistress Grade II, on Salary Grade Level 08, Step 2 with a commencing salary of N369,324.48 per annum. Their Letters of Appointment were eventually issued to them on 15^th April, 2015 with effect from 1^st April, 2015.  

But on 30^th October 2016, the Head of Civil Service, Mrs. Ekereobong Akpan according to the directive of Governor Udom Emmanuel, made to be announced on the radio service of Akwa Ibom Broadcasting Corporation (AKBC) the invalidation of appointment of 5,000 teachers, an event that threw the state government and the aggrieved teachers into legal battle.

Source: The Sensor Newspaper