In a court document filed at the National Industrial Court, Port Harcourt, the Rivers State capital, on Monday and obtained by SaharaReporters, the staff members affirmed that Emohua Local Government Council and its Chairman, Dr Chido Lloyd have “no such power, right, authority whatsoever to demote, downgrade the employment grade level of staff members, nor withhold, cut down/slash their monthly salary”.
No fewer than 300 staff members of Emohua Local Government Area in Rivers State have had their salaries withheld while some had theirs reduced over allegations that they are ghost workers.
In a court document filed at the National Industrial Court, Port Harcourt, the Rivers State capital, on Monday and obtained by SaharaReporters, the staff members affirmed that Emohua Local Government Council and its Chairman, Dr Chido Lloyd have “no such power, right, authority whatsoever to demote, downgrade the employment grade level of staff members, nor withhold, cut down/slash their monthly salary”.
The affected workers, therefore, demanded a written apology in two (2) national newspapers, noting that the Local Government Council also has no power to discipline them.
They described such demotion, downgrade, withholding or slashing of staff salaries as a violation of section 48(1) of Rivers State Local government Law No 5 of 2018.
They demanded the release of withheld salaries and the reinstatement of other affected workers to their employment grade levels before their demotion.
They also demanded the sum of One Million Naira only, (N1,000.000.00) representing damages for trauma, inconvenience, displacement, embarrassment and losses the action of the defendants has caused the claimants.
The document reads in part, "A Declaration that 1st and 2nd defendants: reason of powers/function vested in them by section7 (5) Fourth schedule of the 1999 Constitution of the Federal Republic of Nigeria as amended, has no such power, right, authority whatsoever to demote, downgrade the employment grade level of the claimants, nor withhold, cut down/slash the monthly salary of the claimants.
"A Declaration that the demotion, downgrade in employment grade level, withholding/slashing of the salaries of the claimants (public officers) by the defendants without due process of law is unjustifiable, wrongful, unlawful, illegal and constitutes a violation of the claimants right to adequate means of livelihood, equal pay for equal work without discrimination as guaranteed by section 17(3) (a) (b)(c)(d) of the 1999 Constitution of the Federal Republic of Nigeria.”
"An Order of this Honorable Court on the defendants to within Seven (7) days of the judgement of this Court re-instate the claimants to their employment grade level before their unlawful demotion/downgrade by the defendants.
"An Order of this Honourable Court on the defendant to, within seven (7) days of the Judgement of this court release in full the withheld and unpaid salaries of the claimant, whether those held in full or by way of deductions as applicable to any of the claimant's case, whose salary is withheld in part or in full and particularly those affected by the defendants’ unlawful demotion/downgrade of employment grade level now computed as follows.
"Written apology in two (2) national newspapers with circulation across Nigerian states, to the employee of the 1st defendant including the claimants who are affected by the defendants’ unlawful employment demotion/downgrade and withholding of salaries.
"The Order of this Honourable on the 1st and 2nd defendants to pay each and every of the claimant so affected by the 1st and 2nd defendants policy of demotion, downgrade, withholding, salary cut, the sum of One Million Naira only, (N1,000.000.00) representing damages for trauma, inconvenience, displacement, embarrassment and losses the action of the defendants have caused the claimants," the document added.