A request for an interlocutory injunction to prevent the Central Bank of Nigeria (CBN) from replacing some fired directors has been made to the Abuja Division of the National Industrial Court of Nigeria (NICN).
As claimants/applicants in a move on notice filed Monday, the fired directors maintained that the bank had “unlawfully terminated” their employment “without a valid reason.”
Isa Mohammed & Associates (El-Shuayb Law Firm) filed the motion on behalf of the ousted directors, and the CBN was named as the only defendant/respondent.
Recall that at least 27 employees, most of whom were directors at the CBN, were impacted by the financial institution’s initial round of reorganisation.
Eight directors, ten deputy directors, five assistant directors, two major managers, and two senior managers were among those impacted.
Olayemi Cardoso, the new governor, inherited 17 directors, which the CBN removed. Four more directors just departed after reaching the 60-year-old mandatory retirement age.
However, the bank recently advertised several jobs in the national daily in an attempt to replace the fired directors.
The directors protested their dismissal, claiming it was unlawful according to civil service regulations. Their lawsuit has been filed and is currently pending in court.
To prevent the bank from filling the director’s cadre openings, they requested an order of interlocutory injunction.
In the motion on notice brought pursuant to Order 22 Rule 1 and 2 of the National Industrial Court Civil Procedure Rules, 2027 and under the Inherent Jurisdiction of the court, the applicants prayed the court for an order of “interlocutory injunction restraining the defendants/respondents whether by itself, its agents, servants, and; or privies or anybody acting on its behalf or receiving directives from it from filling the vacancy of whatever kind to the Director Cadre, or taking any step whatsoever to so recruit, arising from the unlawful termination of the Claimant’s appointment.”
The claimants argued that “it is trite that an employer can only terminate an employee’s appointment without a notice or payment instead of notice when the conduct of the employee is of a serious and weighty nature.”
“This will include offences with a criminal element such as fraud. The claimants, not having been found wanting, approach this Honorable court for redress.
“The defendants have been making efforts to fill the vacancy created by the unlawful termination of the Claimants’ appointment, without having regard to the pendency of the suit filed before this Honorable Court by the claimants, hence our application to this Honorable Court,” the application reads.