The former employees opposed a motion by the CBN, through its counsel, Wilson Inam, SAN, asking Justice Osatohanmwen Obaseki-Osaghae to convert their originating summons to a writ of summons.
The 62 disengaged staff of the Central Bank of Nigeria have asked the National Industrial Court of Nigeria in Abuja to dismiss an application filed by the apex bank seeking to change the procedure of their ongoing suit.
The former employees opposed a motion by the CBN, through its counsel, Wilson Inam, SAN, asking Justice Osatohanmwen Obaseki-Osaghae to convert their originating summons to a writ of summons.
Arguing the application, Inam said the claimants raised substantial issues of fact that were in dispute and required oral evidence for proper determination, the News Agency of Nigeria (NAN) reports.
He told the court that the motion, dated November 26, was filed the same day and that the claimants were served but did not respond.
He argued that the failure of the claimants to file a counter affidavit meant the facts deposed to by the bank were deemed admitted.
“The facts are not contested. These are facts in which judgement can’t be given to the claimants without oral evidence,” he said.
Responding, counsel to the claimants, Ola Olanipekun, SAN, urged the court to dismiss the application, stating that although he did not file a counter affidavit, he would oppose the motion on points of law.
He cited Order 17, Rule 12 of the court, arguing that the first three prayers in the CBN’s application could not be granted because the bank had not filed a counter affidavit to the originating summons.
“My learner brother has not filed a counter affidavit to our process served on them which we also have a right to file a further and better affidavit before my lord can look at this issue holistically,” Olanipekun said.
He told the court that where a respondent chooses not to file a counter affidavit, the claimants are entitled to address the court on points of law.
He added that the CBN had conceded it was yet to file its counter affidavit, meaning “it is only the pleading of the claimants that is before my lord.”
Olanipekun argued that pleadings must be completed before the court could consider converting the originating summons.
He cited Famfa Oil vs. AGF (2003) and National Bank of Nigeria vs Alakija (1978) in support of his submission.
When Justice Obaseki-Osaghae asked whether the court could disregard the proposed counter affidavit attached by the CBN, Olanipekun said that “a proposed process is not a process before the court because party can change his mind.”
He added that a counter affidavit, even when filed, “is not a complete process before the court because the claimants can still file better and further affidavit.”
Justice Obaseki-Osaghae adjourned the matter and fixed February 10 for ruling on the application.
The 62 former staff have filed separate suits against the CBN as the sole defendant. In one of the originating summons marked NICN/ABJ/26x/2024, dated August 21 and filed August 22, 2024, they asked the court to nullify their termination letters.
They are seeking declarations that the letter titled ‘Re-ORGANISATION’, dated May 23, 2024, and effective from May 24, 2024, contravened the CBN Act 2007 and the bank’s human resource policies and procedures.
The claimants are also seeking reinstatement and payment of salaries, allowances, and other entitlements. Earlier, the court had ordered the CBN to pay an aggregate fine of N620,000 for stalling the hearing of the case, which both parties confirmed had been paid.
The ex-staff have described their disengagement between February and May 2024 as unlawful and said required procedures under the CBN Act were not followed.