The Abuja division of the National Industrial Court, has summoned Dr. Shaibu Hussaini, the Executive Director of the Board (NFVCB), to appear before the court to show cause, why he will not be sent to prison, for not complying with the court’s judgement.
Also summoned to appear before the court is NFVCB’s Head of legal services, Barrister Hasina Nasir.
Both Dr. Shaibu and Barrister Nasir were summoned on the alleged Contempt by Justice Osatohanmwen Ayodele-Obaseki, after taking the submission of Professor J. O. Amupitan (SAN), who moved a motion Exparte filed on behalf of his client, Dr. Olusola Peace Anjorin, a judgment creditor in the suit numbered NICN/ABJ/269/2019.
The judgment creditor’s Exparte motion, was pursuant to Section 6 (6), 9(B) of the Constitution of Nigeria 1999 (As Amended); Section 72 of the Sheriff and Civil Process Act Order IX Rule 13 of the Judgment Enforcement Rules and Order 17 Rules (1)(1), Order 63(6) Of The National Industrial Court Of Nigeria Civil Procedure Rules 2017 and under the court’s inherent jurisdiction.
The judgment creditor had asked for an order Leave of the court to proceed against the alleged Contemnors to wit: Dr. Shaibu Hussaini, Executive Director of the 1st Defendant/Judgment debtor/respondent and Hasina Nasir Esq, Head, Legal Services of the 1st defendant/judgment debtor/respondent to show cause why an order of committal should not be made against them for disobeying the order of this Honourable Court dated 15th December, 2023, in not reinstating the Claimant/Judgment Creditor/Applicant back to National Film and Video Censors Board (the 1st defendant/judgment debtor/respondent).
And the leave of the Court to issue Form 48 (Notice of Consequence of disobedience to Order of Court) and Form 49 (Notice to show cause why Order of Committal should not be made against Dr Shaibu Hussaini, Executive Director of the 1st defendant’s judgment debtor/respondent and Hasina Nasir Esq, Head, Legal Services of the 1st defendant/judgment debtor/respondent to show cause why an order of committal should not be made against them for disobeying the Judgment and Order of this Honourable Court dated 15th December, 2023 in not reinstating the Claimant/Judgment Creditor/Applicant back to National Film and Video Censors Board (the 1st Defendant/Judgment Debtor/Respondent).
Upon listening to Professor Amupitan (SAN), granted the reliefs sought in the motion, and ordered both Dr. Hussaini, and Barrister Nasir, to appear before the court to show cause, why he will not be sent to prison, for not complying with the court’s judgment.
Further proceedings in the contempt suit against all the contemnors has been fixed for January 22, 2025.
It would be recall that the judgment creditor, Dr. Anjorin had in 2019, dragged both NFVCB, it’s Executive Director/CEO, Alhaji Adedayo Thomas, over his unlawful sack and non-payment of salaries, allowance and other entitlements.due gratuity and pension, while also ordered his reinstatement.
In deciding the suit, Justice Obaseki, had on December 15, 2023, nullified Dr. Anjorin’s unlawful sack, and made the following declarations: “a declaration that the dismissal of the claimant from the services of the NFVCB through a letter dated June 19, 2019 with reference No. FVCB/HQ/P.228/Vol.1/127 signed by F. O. Abua, NFVCB’s Director of Administration, is unlawful, null and void and of no effect in that the claimant was not given a fair hearing and the dismissal was done in contravention of the Public Service Rules.
“I declare that the dismissal of the Claimant by the second defendant and the Senior Management Committee without submitting the allegation against the Claimant to the Governing Board of the first defendant for proper trial to enable him present his defence before the Governing Board is unconstitutional, null and void and of no effect being in contravention of section 36 of the Constitution of Nigeria, 1999 as amended.
“I declare that the dismissal of the claimant from the services of the first defendant through publications placed on the Notice Board of the first defendant in Abuja on April 23, 2019 signed by F. O. Abua, Director of Administration of the first defendant and on the WhatsApp Platform of the first defendant on April 23, 2019 is unlawful, null and void and of no effect.
“I declare that the removal of the name of the claimant from the payroll of the defendant and the stoppage of his salary by the second defendant without the approval of the Governing Board of the first defendant since August 2018, and without being tried and found guilty of any misconduct is ultra vires the powers of the second defendant unconstitutional, null and void and of no effect.
“I declare that the withholding of the promotion of the claimant to the rank of Assistant Director Grade Level 15 in year 2018 by the defendants is unlawful, null and void.
“The letter of dismissal dated June 19, 2019 with reference No. FVCB/HQ/P.228/Vol.1/127 signed by F. O. Abua, Director of Administration of the first defendant is hereby set aside. The publication of the dismissal of the claimant from service placed on the notice board of the first defendant in Abuja and on the WhatsApp Platform on 23rd April, 2019 signed F. O. Abua, Director of Administration are hereby set aside.
“The decision of the second defendant removing the name of the claimant from the payroll of the first defendant and the stoppage of claimant’s salary by the defendants since August 2018 is set aside.
“The defendants are ordered to immediately release the 2018 promotion of the claimant to the position of Assistant Director Operations.
“The claimant is reinstated immediately as Assistant Director in the Department of Operations on Grade Level 15 with no loss of seniority, and with all the rights and privileges of the office.
“The defendants are ordered to immediately restore and pay the claimant all his salaries and allowances in the sum of N147,207.29, per month from August, 2018 till date; and also ordered to pay the salary difference accruing on his promotion in 2018 to Assistant Director Grade level 15.
“The defendants are ordered to pay the Claimant outstanding sum of N1.3 million, being the balance of his baggage and passage allowance and cost of instituting the suit.
“All sums are to be paid within 30 days. Thereafter any sum outstanding will attract interest at the rate of 15 percent per annum.
“An injunction is granted restraining the defendants, their servants and/or agents from preventing the claimant from performing the functions and duties as Assistant Director, Operations and/or from interfering with his enjoyment of the rights, privileges and benefits attached to the said office.
“An order is granted setting aside any further step or directive or order of the defendants that seek to interfere with or violate the Claimant’s right to his promotion, position, and office as Assistant Director, Operations.”
However, the judgment debtors, who include: NFVCB, it’s Executive Director/Chief Executive Officer (CEO) chairman, Alhaji Adedayo Thomas, in a bid to stop the execution of the judgment, approached the court on December 23, 2023, with a motion for stay and other accompanying processes, filed through their lawyer, M. O. Onyilokwu.
In the same vein, Dr. Anjorin equally filed a counter affidavit to the motion through his lawyer, Prof. Amupitan (SAN) leading Francis Nworah and Adegboyega Kolade, had urged the court to dismiss the judgment debtors motion for lacking im merit with substantial cost.
Consequently, the judgment debtors’ motion to stay the execution of the judgment was dismissed for lacking in merit with substantial cost.
In dismissing the motion, Justice Obasaki held that: “upon motion on notice dated 29 December, 2023 and filed on same day, coming up before this honourable court.
“And the court after hearing M. O. Onyilokwu, Esq. counsel for the judgment debtor/applicant, Francis Moses Nworah, Esq. counsel for the Judgment creditor/respondent. It is hereby Ordered this application is dismissed with costs of N50, 000, 00 in favour of the judgment creditor.”
