Judge recuses himself in 62 aggrieved former employees’ suits against CBN

On Tuesday, Justice Benedict Kanyip of the National Industrial Court of Nigeria, Abuja, withdrew from separate suits filed by 62 Central Bank of Nigeria staff members recently disengaged.
Justice Kanyip, NICN president, recused himself from the cases following the announcement of a lawyer’s name in CBN’s team of counsels, who is his in-law.
The 62 ex-staff had filed separate suits against the nation’s apex bank as the sole defendant.
In one of the originating summons marked NICN/ABJ/26x/2024, dated August 21 but filed on August 22 by a team of lawyers led by Ola Olanipekun on behalf of one of the staff, the claimants urged the court to nullify the termination letters issued to them.
They sought a declaration that the letter, titled ‘Re-ORGANISATION’ dated May 23 but with effect from May 24, issued by the CBN’s director of the Human Resources Department, and addressed to the claimants, was in contravention of the provisions of the CBN Act 2007.
They said the action contravened the bank’s human resource policies and procedure manual and, therefore, was arbitrary, unlawful, null and void. They sought a declaration that the claimants’ contract of employment with the CBN subsisted and remained valid and of full effect to date.
They, therefore, sought an order setting aside the purported termination of the claimant’s employment vide letter titled ‘REORGANISATION’, dated May 23, 2024, for being arbitrary, unlawful, null and void.
They also asked the court for an order directing the CBN to reinstate them to the positions they were at the time of the termination letters or other higher positions as they would ordinarily have attained or been promoted in the course of their employment if the same were not unlawfully terminated.
They equally sought an order directing the bank to pay them all their monthly salaries, allowances and other emoluments/entitlements which they would have earned if their employment had not been unlawfully terminated, among other reliefs.
Thirty-one of the 62 suits were listed for hearing on Tuesday, while the remaining 31 cases were scheduled for Wednesday.
Besides, the claimants’ counsel had also filed a motion to consolidate the cases.
However, upon resuming hearing on the first suit, Mr Olanipekun announced his appearance alongside other lawyers in his company.
The senior lawyer told the court that the matter was slated for mention.
Obafemi Agaba of Jackson, Etti, and Edu & Co, while announcing their appearance for CBN, said there was a consortium of law firms that will be representing the bank in the case, including D.D. Dodo, SAN & Co law firm.
Then Justice Kanyip disclosed that Damian Dodo is his in-law.
The judge, who said he was uncomfortable continuing with the matter, said the case would be reassigned to another judge for adjudication. He, however, sought the view of counsel to the claimant.
Mr Olanipekun, in his response, said they did not have any doubt about the court’s impartiality in discharging its judicial functions. Mr Agaba equally expressed confidence in the court.
He, however, said justice must not only be done in the court but must have been seen to have been done. He said whatever the judge decided would be okayed by them.
In a short ruling, Justice Kanyip recused himself from the case and ordered the reassignment of the matter.
(NAN)
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