– OKOROCHA LOSES ROUND ONE
– AS COURT THROWS OUT GOVT’S OBJECTION
FIXES JUNE 26 FOR EX – APPOINTEES MATTER.
Justice seems to be under way for the Ten thousand job employees of Imo state, who were sacked by the administration of the incumbent Governor, Owelle Rochas Okorocha, early this year, after they had been employed by the last administration of Dr Ikedi Ohakim.
The Industrial Court sitting in Enugu yesterday threw out the preliminary objection motion filed by the Imo state government, which asked that the Industrial Court has no jurisdiction over the case, and claimed that the beneficiaries have no locus standi to file the suite.
In throwing out the objection, the presiding Jude said that the Court does not only have the legal authority to hear the suit, but that the matter before it is authentic and fit to be heard because it has merit.
The court averred that the case before it is genuine, as the plaintiffs have the legal right to file the matter.
Delivering his ruling on the argued motion, Hon Justice Ibrahim took time to critically analyse all the arguments and back up authorities and concluded that the claimants have the necessary locus standi and that the National Industrial Court is the appropriate court for petition of case of such nature therefore has every jurisdiction over the case.
In dismissing the motion for lack of merit the court fined the defendants the sum of N20, 000 for setting the clock back. The Judge revealed to the defendants that “The claimers are entitled to all their claims unless you prove otherwise in your defence” As He gave the defendants 21 days to write and submit their defence, so that the case could be concluded between 17,18 and 19th of June on its merit.
Our reporter’s effort to speak to Bar. (Mrs) M.C Madufor, proved abortive as she hurriedly entered her car and headed back to Owerri. Our Reporter spoke to some of the beneficiaries who showed optimism on wining the case, and sang praises to God, Mr Okechukwu Osunwa in his reaction said “the case is already won because this ruling has determined the direction of the final judgement”
Ukawike Emmanuela N in her view has this to say “With a Judge like Hon Justice Ibrahim, court is truly the temple of justice” she said happily.
In a related development, the legal battle between the former SSA’s, SA’s and Commissioners during the administration of the former state governor Ikedi Ohakim against the present state government led by Governor Owelle Rochas Okorocha over their withheld entitlements/ allowances continued last Wednesday at Justice Nonye Okoronkwo’s court in the High Court premises Owerri.
The motion brought by the counsel to the state govt which prayed the court to strike/ dismiss the case claiming that the court does not have jurisdiction over such cases as their claims of 300% of their annual basic salaries and entitlements were just unilateral bonus or grants by their boss the former governor which has no legal backing.
In the argument, the counsel to the former political appointees, K.O Njemanze (SAN) averred that the claims of his clients are not Unilateral bonus/ allowances but a statutory entitlements a fixed and backed by the revenue and fiscal mobilization commission which the learned SAN backed with evidences on the issue of jurisdiction, the former Attorney General advised the court that having no jurisdiction over the case does not allow it to dismiss the case but should transfer the case to the appropriate court which is the industrial court as stated in sect 24 sub section 3 of the Industrial court law 2006.
Hon Justice Nonye Okoronkwo wondered why the two parties could not have settled the issue within themselves, but however adjourned the case to 26th June 2012 for ruling on the motion.
