Appeal Court Delivers Final Verdict in ABU Zaria's N2.5bn Staff Compensation Case
The Court of Appeal in Abuja has delivered a landmark judgment, upholding the order for Ahmadu Bello University (ABU), Zaria, to pay over N2.5 billion in outstanding salaries and entitlements to 110 staff members whose appointments were terminated back in 1996. This ruling brings closure to a protracted legal battle that has spanned nearly three decades, finally providing justice for the affected workers.
Unanimous Decision Dismisses University and CBN Appeals
In a decisive move, a three-member panel of the appellate court, led by Justice Okon Abang, delivered two unanimous judgments on Friday. The court dismissed separate appeals filed by ABU, the Federal Ministry of Education, the Attorney General of the Federation, and the Central Bank of Nigeria (CBN). The panel described ABU's 2023 appeal against the 2015 National Industrial Court judgment as "an afterthought" and lacking merit.
The court also ordered the CBN to immediately release the judgment sum from ABU's funds under its custody, warning that failure to comply could expose the bank's principal officers to disciplinary action. This directive emphasizes the court's commitment to ensuring timely enforcement of its decisions.
Background of the Long-Running Employment Dispute
The case originated when ABU disengaged the 110 workers in 1996, leading to a legal challenge that culminated in the National Industrial Court of Nigeria (NICN) nullifying their termination on November 30, 2015. The NICN had ordered their reinstatement and payment of all outstanding salaries and entitlements, which were calculated to exceed N2.5 billion.
In the first appeal (CA/ABJ/CV/476/2023), ABU, the Federal Ministry of Education, and the Attorney General contested the 2015 judgment. However, Justice Abang agreed with the submissions of the workers' lawyer, Adegbiyega Kolade, ruling that the appeal was without substance. The court rejected claims of denied fair hearing and awarded N5 million in costs against the appellants in favor of the disengaged staff.
CBN's Garnishee Challenge Deemed Misplaced
In the second appeal (CA/ABJ/CV/1064/2022), the CBN challenged the garnishee order absolute issued by the NICN on January 27, 2022. The appellate court dismissed this appeal, affirming that the NICN had jurisdiction to entertain garnishee proceedings as they were incidental to enforcing the earlier employment dispute judgment.
Justice Abang criticized the CBN for attempting to frustrate judgment enforcement, questioning why the bank chose to file an appeal instead of obeying the court order. He noted that the disengaged workers had no direct claim against the CBN in the garnishee process, describing the bank's objection as "misplaced".
Legal Precedents and Additional Costs Imposed
The Court of Appeal also rejected the CBN's argument that the workers needed the Attorney General's consent before filing garnishee proceedings. Relying on the Supreme Court decision in CBN vs Interstella Communications Limited, Justice Abang held that consent is not required when the AGF is already a party in the original suit.
In addition to the N5 million cost against ABU, the court awarded another N5 million cost against the CBN. Justice Abang issued a stern warning that failure by the apex bank to release the funds promptly would attract disciplinary measures against its principal officers. Other panel members, Justice Adebukola Banjoko and Justice Eberechi Wike, concurred with the lead judgments.
This ruling not only provides financial redress for the long-suffering staff but also reinforces the judiciary's role in upholding employment rights and ensuring accountability within Nigeria's educational institutions.
