Court Restrains BPE, Others From Conducting Verification for ex-PHCN Workers
The National Industrial Court in Ibadan on Thursday restrained the Bureau of Public Enterprise (BPE) from conducting a verification exercise for payment of 16 months of severance benefits for defunct Power Holding Company of Nigeria (PHCN) workers.
Other respondents in the suit are the National Council on Privatisation (NCP), Nigeria Electricity Liability Management Company (NELMCO), the National Union of Electricity Employees (NUEE) and the Senior Staff Association of Electricity and Allied Company (SSAEAC).
The former PHCN workers who instituted the case on behalf of others are Gbenga Oduwole, Joseph Babatunde, Micheal Borokini, Adeniyi Siyanbola and Ajayi Olusola.
Justice Muhammed Yakubu made the order while ruling on an application for an interlocutory injunction filed by the ex-PHCN workers, through their counsel, Kunle Abimbola, against the defendants.
Mr Yakubu said that the court had the discretion to grant an interlocutory injunction application and that it must exercise this discretion judiciously.
He said that it was very important for the party seeking an injunction to prove to the court he would suffer more if the application was refused.
“In this case, the claimants have been able to prove to the court that they would suffer more and would not be adequately compensated if the verification exercise continued.
“The application is granted, and I resolve the issue in favour of the applicants, and I make no order as to cost,” the judge said.
Mr Yakubu said that the application was meritorious and ordered all the parties to maintain the status quo pending the determination of the case.
The judge ordered an accelerated hearing of the suit and adjourned until 25 October for a hearing.
The claimants, who were disengaged on 31 October 2013 when PHCN was privatised and unbundled into several companies, instituted the case after realising that the amount they intended to pay them as their severance allowances fell short of the agreed-upon amount
The claimants argued that BPE’s verification exercise failed to comply with the Sumonu committee report agreement.
They are urging the court to compel the defendants to pay their severance allowances in line with the agreement of the Sumonu committee report which was an embodiment of the aggregate of their benefits.
