Industrial Court Affirms Jurisdiction on Pre-employment Matter, Orders Abia Judicial Commission to Proceed with Appointment of Judges
The Presiding Judge of the National Industrial Court, Owerri Judicial Division, Hon. Justice Nelson Ogbuanya has declared that Abia State Judicial Service Commission has the power to call for further expression of interest and shortlist suitable candidates for recommendation to the National Judicial Council for appointment as Judges of Abia State Judiciary, as the requisite approval for the 2024 exercise has been obtained from the National Judicial Council.
The Court granted an order restraining Mr. Agwulonu and Nkume Oluchi representing herself and the 2022 shortlisted candidates for appointment of judges in the Abia State Judiciary, whether by themselves, agents, servants or privies, from further interfering with the Abia State Judicial Service Commission power to call for further expression of interest and shortlist suitable candidates for recommendation to National Judicial Council for appointment as Judges of the Abia State Judiciary, the requite approval for the 2024 exercise, having been obtained from the National Judicial Council.
Justice Ogbuanya ordered the Abia State Judicial Service Commission to continue with the process of appointment of Judges of the Abia State Judiciary, the requisite approval for the 2024 exercise, having obtained approval from the National Judicial Council.
From facts, the claimant- Abia State Attorney General had sought among others for an order directing the Abia State Judicial Service Commission to continue with the process of appointment of Judges of the Abia State Judiciary, having obtained the necessary approval from the National Judicial Council.
The 2nd and 3rd defendants- Mr Agwulonu and Nkume Oluchi challenged the jurisdiction of the Court to hear and determine the subject matter of the suit which touches on pre-employment matters and does not involve any employer/employee relationship, and further, that the suit discloses no cause of action because they were not yet Judicial Officers in the Employment of the Abia State Judicial Service Commission & National Judicial Council.
Mr Agwulonu and Nkume Oluchi contended that there cannot be another judicial appointment process distinct from the 2022 process, questioning the exercise of the power of the Abia State Judicial Service Commission to initiate another appointment process, such as the 2024 exercise.
Counsel to Mr. Agwulonu and Nkume Oluchi submitted that the Abia State Attorney General is litigating in the same subject matter, as that of the earlier one filed at the Federal High Court, and therefore the suit herein constitutes an abuse of court process. Counsel urged that the matter be stayed pending the matter before the Court of Appeal in respect of matters decided at the Federal High Court over the issue of appointment of Judges of Abia State.
In opposition, the 1st Defendant- Abia State Judicial Service Commission argued that Abia State Attorney General is not a party to the matters at the Court of Appeal, and averred that the Abia State Attorney General or the Abia State Judicial Service Commission herein were not aware of the existence of the matter at Federal High Court before the suit was instituted at the Industrial Court, and further that the appeals pending at the Court of Appeal are on issue of locus standi and not on the substantive issue as to the right of the parties. Counsel urged the Court to dismiss the Application with substantial cost.
Delivering judgment after careful evaluation of the submissions of both parties, the presiding Judge, Justice Nelson Ogbuanya held that dispute around judicial appointment exercise or removal from office, is nowhere nearer the jurisdiction of the Federal High Court than it is to the National Industrial Court, which is the Court vested with exclusive jurisdiction over employment and incidental matters, such as the issues arising in the instant suit.
While leveraging on the expanded and espoused jurisdiction of the National Industrial Court under the current legal regime in Nigeria, Justice Ogbuanya reasoned that all matters involving issues of employment, ranging from pre-employment, subsisting-employment, to post-employment disputes, inclusive of disputes on matters of appointment or removal of judicial officer, being in statutory employment, are within the exclusive jurisdiction of the National Industrial Court, by virtue of its Constitutional mandate vested on the Court under S.254C (1) of the 1999 Constitution
Justice Ogbuanya held that the subject matter of the dispute in the instant suit, which involves employment policy issues arising from the further call for expression of interest for the appointment of judicial officers for the Abia State Judiciary is connected with employment, and therefore, falls within the jurisdictional scope and competence of the National Industrial Court of Nigeria.
“Thus, the often mischievous practice by some legal practitioners in approaching the Federal High Court or even objecting to the jurisdiction of the National Industrial Court on matters constitutionally falling within the jurisdictional circumference of the National Industrial Court, as witnessed in this suit, and acceptance of same for adjudication at the Federal High Court despite provision for transfer to the National Industrial Court, to say the least, does not augur well for the expected entrenching of the evolving and espoused labour law jurisprudence in Nigeria, even over a decade of the constitutional intervention that elevated the National Industrial Court to a pride of place, among the Superior Courts of Record in Nigeria, vide the 3rd Alteration 2010, effective 4th March 2011. I so hold.” The Court ruled
Furthermore, Justice Ogbuanya clearly distinguished that it is the 2024 exercise, that is the subject matter before the court which borders on the exercise of the 1st Defendant’s power to call for fresh expression of interest for a fresh exercise of appointment of judicial officers for the Abia State Judiciary, after the previous exercise was marred by controversy, and the Mr Agwulonu and Nkume Oluchi could not show how the said pending suits would be affected by this suit.
The Court maintained that the 2024 exercise is not a continuation or repeat of the 2022 exercise, as separate approval was obtained from the 4th Defendant (National Judicial Council) along with other approvals for the 2024 exercise, as shown in the exhibits filed before the court.
Justice Ogbuanya held that the 2022 exercise was stalled at the NJC interview stage, as there was no evidence of any interview held at the NJC or any candidate emerged and recommended to the Governor for the appointment, and its within the competence of the powers of the Abia State Judicial Service Commission to commence a fresh exercise which it has powers to so initiate to navigate from the previous exercise which had got stalled at the NJC due to the allegations of corruption and unresolved litigations around that exercise.
“This is where this Court, the National Industrial Court of Nigeria, acting within its constitutional mandate as a Policy Court of first instance on employment matters, can judicially intervene to break forth the logjam, as it is of public interest that judicial appointment in Abia State is not kept in suspense ad infinitum, while other States in the country have been involved in producing Judges, who are also being eligible for elevation to the Court of Appeal, since the last exercise around 2020, over 4 years ago. The career choice of other aspirants cannot also be hanged and trapped in quagmire, and administration of justice hampered by the depletion of Judicial Officers in the Abia State Judiciary.” Justice Ogbuanya ruled.
