The motion on ‘stay of proceedings’ in the suit filed by some aggrieved members of Petroleum and Natural Gas Senior Staff Association (PENGASSAN), Abuja Branch, has been dismissed by the court.
The National Industrial Court, sitting in Abuja, on Thursday dismissed the motion filed by 11-defendants in the suit, asking the court to tarry a while, on the grounds that a part of the suit was already before the Appeal Court.
The defendants include Aminu Ahmed, Idemudia Oseahon, Agora Jubril, Ogbonnaya Okegeri, Abubakar Haruna and Hasiya Ibrahim.
Others are Alice Isah, Ivy Ogbonselebo, Sanusi Abdurrahim and Wale Ajayi, all executive members of PENGASSAN, Abuja branch.
The originating suit was filed in 2016, challenging the executive members of the branch by Mr Seyi Gambo and Comrade Declan Agrinya, for failure of the executive to give them fair hearing during and after the election that produced the management members.
The claimants had filed the suit after their suspension from the association on the grounds that the election that produced the executive members, where they were also aspirants, was marred with irregularities.
The claimants had prayed the court to declare the election as null and void, and order a fresh election of executives; as well as pay their entitlements from the day of their suspension in 2016.
They are particularly praying the court to fine the defendants the sum of N10 million as general damages for breach of their rights to fair hearing and N5 million for exemplary damages for injustice.
Ruling on the two motions before the court, Justice Sanusi Kado, said that the motion for ‘stay of proceedings’ filed by the defendants was incompetent.
According to Kado, there is no affidavit before the court that the defendants actually filed an appeal before the appellate court on the suit; and subsequently dismissed the motion.
The court equally dismissed another motion filed by the claimants asking the court to commit the defendants to contempt because they had breached a ruling by the court on Jan. 22, 2016, that the two parties maintained status quo.
The judge held that there was no proper service to the defendants by the bailiff of the court, showing that it actually gave a ruling on maintaining status quo by the two parties in the suit.
“Service of originating processes is fundamental to the court, where there is no service, it breached the court rules.
“In view of lack of evidence of proper service, this court cannot agree with the position of the claimants to commit the defendants to contempt on the grounds of breach.
“There was also no affidavit to show that the respondents were served, the bailiff of the court has also failed to testify whether service was made,” the Judge said.
Kado then adjourned the matter till March 18, for continuation of hearing.
