5,000 Sacked Teachers: Nwoko Storms Court To Reject New Sole Witness …As AKSG Sets To Recruit 1,000 Fresh Teachers Amidst Litigation

By UbongAbasi Ise Following the application by one of the representatives of the 5,000 sacked secondary school teachers, Mr. Ukeme Anwan, seeking a change of a sole witness in Suit CA/C/362/2018 brought before the Court of Appeal sitting in Calabar by the Akwa Ibom State Government, the state Attorney General, Barr. Uwemedimo Nwoko, was in court on 22nd October 2020 to oppose the application. The matter was adjourned to 24th November 2020 for decisions to be taken on motions. In a counter affidavit on 21st October 2020 deposed by Uduak Udo-Udo, a Litigation Officer in the Attorney General Chamber of the Akwa Ibom State Ministry of Justice, the Appellants (Akwa Ibom State Government & 7 ors) rejected the replacement of the sole witness, Mr. Joshua Matthew Ayagwung, with Mr. Ukeme Anwan saying the name of a Respondent could not be replaced at this time The State Government and co claimed that Ukeme Anwan (The Deponent) does not have the consent of his colleagues nor the Respondents in the Appeal, maintaining that the Deponent has not shown the Court any consent letter nor prove that he has the consent of other Respondents/Applicants. They further argued that by striking out the name of the 1st Respondent, it would mean that the Court is delving into the substantive matter when dealing with interlocutory application, adding that the “substantive issues are left for the main trial.” According to the Appellants, the allegation of common interests by the 5,000 sacked teachers is no longer intact as Mr. Ayagwung (1st Respondent) is now under their employ and the Respondents cannot bring an action in a representative capacity anymore. One of the 22 litigants, Mr. Ukeme Anwan, representing the 5,000 teachers, had deposed in an Affidavit dated 4th September, 2020 asking the court to replace Ayagwung (1st Respondent) with himself as a sole witness in the suit which commenced at the National Industrial Court of Nigeria (NICN), Uyo Division where he was the 19th Plaintiff. In the Affidavit, Anwan swore that he had obtained the consent of his colleagues and co-litigants to be their leader, and to become the sole witness for the Plaintiffs/Respondents henceforth as the former leader and sole witness, Joshua Ayagwung, is now working with the Peoples’ Democratic Party (PDP) government in Eastern Obolo Local Government Area of Akwa Ibom State. He said part of the reason for changing Ayagwung is because he is no longer interested in the suit, having become a part of a substratum of the Government of Akwa Ibom State who is one of the Appellants in the suit, noting that by continuing to have him as principal and sole witness of the Respondents, will compromise the case of the Respondents. Ukeme Anwan revealed in the affidavit that their counsel, Clifford Thomas Esq., had informed them that they have the right to change a witness whenever they have the reason to do so, particularly, one that has powers to execute documents used in the course of litigation. However the appellate court led by the presiding judge, Justice M.A. Owoade, was on 22nd October 2020 adjourned the matter to November 24, 2020 for the movement of motions. The court could not hold on the scheduled date due to apparent involvement of judges in the tribunals. The new date is expected to be fixed in January 2021. It would be recalled that the Akwa Ibom State Government approached the Court of Appeal to appeal against the ruling of Justice M.N. Esowe of the National Industrial Court of Nigeria (NICN), Uyo Division delivered on the 18th day of May, 2017 in Suit No.NICN/Uy/03/2017 in which the Court ruled that the action of the Respondents was correctly commenced by way of Representative Action. While at the Court of Appeal, the counsel to the 5,000 sacked teachers, Barr. Clifford Thomas, has included in the Respondents Brief of Argument dated 8th September 2020, that the conditions precedents for the commencement of actions in representative capacity are well laid down in a plethora of cases and judicial authorities, and the action in itself is a rule of convenience, putting that “There is the right of the Respondents to institute this action in representative capacity because, there is common grievance, common interest, and the relief sought for, is akin to all the respondents.” The counsel further argued that there is locus standi on the part of the named respondents to sue on behalf of both the named and un-named respondents, adding that “there is authorization, which need not be in documentary form, for the named respondents to commence the action in representative capacity.” Recall that about 5,000 applicants were given Offer of Appointment Letter into Pensionable Establishment dated 2 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 April, 2015 with effect from 1 April, 2015. But on 30 October 2016, the then 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. Despite the fact that the case is still live in court, the Akwa Ibom State Governor, Mr. Udom Emmanuel, on Wednesday 25th November 2020, gave directives during the state executive council meeting at the Government House in Uyo that employment be opened for 1,000 teachers in Akwa Ibom State.

According to a statement by the State Commissioner for Information and Strategy, Comrade Ini Ememobong, the governor’s decision was taken after the council received a 10 year report on the state of education in Akwa Ibom. “The meeting which focused solely on education received the 10 year report titled Akwa Ibom State Education Roadmap(AKSER) presented by the Chairman of the Education Think Tank, Prof. Hilary Inyang. “This report contained explicit situation analysis, comprehensive needs assessment and strategic action plan. This report accommodated all the levels of education and took cognizance of current and projected demographics,” the statement reads in parts It was further stated that The Governor, being the Chairman-in-Council, directed the commencement of processes for the employment of 1000 teachers. ©The Rights Journal