The Ibadan Division of the National Industrial Court (NIC), yesterday, fixed March 4, 2024, to hear the originating summons of a Senior Advocate of Nigeria (SAN), Adegboyega Awomolo, over the strike in the Osun State judiciary for about three months.
The strike has crippled activities of the judiciary in the state. Justice Dele Peters of the NIC announced the date after listening to arguments from counsel to parties in the case on Monday.
It would be recalled that the Osun State chapter of the Judiciary Staff Union of Nigeria (JUSUN) had, on November 22, 2023, down tools over the unlawful suspension of five of its members by the Chief Judge of the state, stoppage of staff training since 2015, inadequate implementation of staff promotion, advancement and regularisation, non-payment of wardrobe allowances to judiciary workers, as well as poor working conditions and poor maintenance of court infrastructure.
According to the union, the five members were suspended for periods running into 57 months and 46 months respectively with all efforts to recall them proving abortive.
Awomolo, in his originating summons, dated January 30, 2024, is seeking, among others, a declaration that the first and second defendants lacked the vires to whimsically in the exercise of untrammelled powers, to arbitrarily, unlawfully and unreasonably declare and maintain industrial action in the Judiciary of Osun State, thereby paralysing the entire judiciary of Osun State from November 2023 to January 24, 2024.
Moving the motion to hear the originating summons, yesterday, counsel to Awomolo, Adebayo Adenipekun (SAN), said the third and fourth respondents had not been properly served.
He, therefore, urged the court to give a date to hear the originating summons, adding that the third and fourth defendants would have been properly served before then.
Nonetheless, MusibauAdetunbi (SAN), counsel to the second defendant and immediate past Chairman of JUSUN in Osun State, Kunle Eludire, called the attention of Adenipekun to a memorandum of agreement dated February 16, 2024, which wassigned by the Osun State Government, National Executive Council and Osun State branch of JUSUN, as well as Osun State Judiciary.
Adetunbi said that contrary to what the claimant wants to impress on the court that Osun State Government refused to sign the agreement to call off the strike, the state government has fulfilled all the resolutions in the agreement except one, which is not in its purview.
According to Adetunbi, the Osun State Government did not refuse to endorse the memorandum neither did it refuse to take up liability of previous administrations. He said Osun State Government had paid the salaries of the five judiciary workers that were unpaid till December 2023, with the total outstanding sum being N8,623,600.
Adetumbi, who further explained that JUSUN had demanded that the suspended five workers be called back to work, however, said they were suspended by the Chief Judge and they could not be called back by the Osun State Government.
Adenipekun, however, said if there is an agreement, it should be binding on all parties. He urged the second defendant to summon the Chief Judge and Judicial Service Commission to come and explain why the five workers staff had not been reinstated. Adetunbi said he would talk to his client about summoning the Chief Judge and Judicial Service Commission and report back to court.
