Friday, January 13, 2012

Non-compliance with court order stalls hearing on FG suit against NLC, TUC

From Abuja (The Nation's Capital)

Failure of counsel to the Federal Government to comply with conditions of a court order, yesterday, stalled hearing on a motion on notice filed by office of the Attorney-General of the Federation, AGF.
Mr. Mohammed Adoke, Minister of Justice, on behalf of the Federal Government, approached the National Industrial Court asking it to grant an injunction stopping Nigeria Labour Congress, NLC and Trade Union Congress, TUC, from embarking on strike.

It will be recalled that the court granted the order to stop NLC and TUC from embarking on strike or compelling anybody to go on strike over the removal of fuel subsidy.
The order was procured on Friday, January 6, via an ex parte motion by the office of the AGF.
In his ruling, Justice Babatunde Adejumo held: “I have gone through the motion papers and affidavit in support of the ex parte application, as well as the written address and listened to oral submissions of counsel to the applicant.

“Section 7 (1) (b) of the NIC (2006), which is similar to section 254 (1) (6) of the constitution empowered this court to adjudicate over the subject matter of the ex parte motion.
“Section 19 (a) of NIC permits the court to make orders for grant of interim reliefs.
“Going through the records, I discovered that the AGF’s office failed to comply with the order to publish the court injunction in three national dailies.

“You asked for the order of the court and it was granted. You should have complied with the order. In view of this, the matter is not ripe for hearing.’’
Chief Adegboyega Awomolo (SAN), counsel to the Federal Government, conceded that the applicant had not fully carried out the court order, and prayed for an adjournment to Monday, January16.

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