A Public Interest and Human Rights Lawyer and the Legal Assistant to Member representing Ika North East Constituency at the Delta State House of Assembly, Asaba, Nigeria, Timothy Nwachukwu Obuh Esq, has sued the Governor of Delta State, Senator Ifeanyi Okowa.
He seeks a mandatory Order of the National Industrial Court sitting at Asaba, Nigeria, to compel the Governor of Delta State to immediately transmit an Executive Bill to the State House of Assembly for an amendment of the Legislative Aides Appointment Law of Delta State, 1999, to reduce the number of Aides officially attached to Members of the State House of Assembly as a measure of preventing wastage of public funds and stopping corruption in Delta State Government.
Joined in the Suit are Honourable Anthony Emeka Elekeokwuri, Member representing Ika North East Constituency at the Delta State House of Assembly, the Attorney General of Delta State, and the Governor of Delta State, sued as 1st, 2nd and 3rd Defendants, respectively.
In justifying why he sued the Governor of Delta State (as a party) in the Suit, Timothy Nwachukwu Obuh Esq, submitted that he is a Legal Practitioner and who by the “ritual of Call to Bar”, has taken the Oath for the promotion of good governance and the eradication of corruption in Nigerian society.
He stated further that the presence of the Governor of Delta State in the Suit is necessary to enable the Governor to be bound by the Order of the Court and ensure that the number of the aforesaid Legislative Aides is brought to the barest minimum and save more funds for developmental strides in Delta State.
The Lawyer also stated that it is his duty and legal right to take any lawful action to protect and safeguard the sacred provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other extant laws in Nigeria whenever any of them is threatened, more particularly as the laws of the Federal Republic of Nigeria accords recognition to public interest litigation.
In his Originating Summons in the Suit with N0: NICN/ASB/38/2020 filed on the 2nd day of October, 2020, he questioned the propriety or otherwise of the retinue of Legislative Aides to Members of Delta State House of Assembly who only receive jumbo “pays” under different nomenclatures without rendering any service in exchange for those payments.
The Lawyer in his Affidavit in support of the Originating Summons deposed among others, as follows:
“That I know as a fact and verily believe that this Honourable Court in helping to harness Government’s resources and curbing all forms of corrupt practices and abuses of power, has the jurisdiction to invalidate the employment of persons who only receive salaries from public funds without rendering services in exchange for those payments that are implicitly aiding and procuring ransom for political jobbers and wastes of public funds under any guise and nomenclature”.
“That I know as a fact and verily believe that it is imperative that this Honourable Court abolish corrupt practices and abuse of power by invalidating the employment of persons whose only duty is to plunder Delta State Government’s treasury”.
“That I also know as a fact and verily believe that it is imperative that 3rd Defendant urgently transmits a Bill to Delta State House of Assembly for a further amendment of the Delta State Legislative Aides Appointment Law, 1999, to reduce the number of Aides attached to a Member for its immediate passage into law as a measure of stopping corruption”.
Timothy Nwachukwu Obuh Esq equally wants the Honourable Industrial Court of Nigeria sitting at Asaba to interpret among other issues raised,
“Whether having regard to the clear and unambiguous wordings of Section 4(3) and particularly Item Numbers 34 and 68 of Part I of the Second Schedule (Exclusive List) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 6 of the Legislative Aides Appointment Law of Delta State, 1999 (as amended in 2007) which prescribes the termination of employment of Legislative Aides at the pleasure of the members of Delta State House of Assembly without recourse to due process of law, a condition that goes to the root of labour or employment, is not inconsistent with Section 4(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the International Labour Organization Convention N0. 158 (of 1982) on Termination of Employment and consequently unconstitutional, null and void ab initio and of no consequence?”
To help in the resolution of the above issue, the lawyer deposed as follows:
“That I know as a fact that Section 6 of the Legislative Aides Appointment Law of Delta State, 1999 (as amended in 2007) which provides that Members of Delta State House of Assembly who employed their legislative Aides can unilaterally terminate the employment of the Aides at the Members’ pleasure and without recourse to due process of law.”
“That I know as a fact and verily believe that the law makers capitalized on the high level of unemployment in Nigeria to promote unconscionable, inhuman, traumatic and unfair labour practice and that this unfair labour practice is the reason why the law makers could not incorporate further terms and conditions in the Legislative Aides Appointment Law of Delta State, 1999 (as amended in 2007) of which it was provided in Section 6 thereof that the appointment of Legislative Aides could be terminated at the pleasure of respective members of Delta State House of Assembly who employed the Aides, without providing for any relief or salary in lieu of notice”.
“That I know as a fact and I verily believe that the said provision contained in Section 6 of the Legislative Aides Appointment Law of Delta State, 1999 (as amended in 2007) is obnoxious, oppressive, unconscionable, undemocratic, unethical, uncivilized, and devoid of the tenets of natural justice, equity and good conscience, and it is in conflict with Section 4(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the International Labour Organization Convention N0. 158 (of 1982) on Termination of Employment and other international treaties, labour standards and connected labour practices for which the Federal Republic of Nigeria is a signatory and has ratified and further that this Honourable Court has the power to declare the Section as null and void”.
“That I know as a fact and I verily believe that the continued retention and implementation of Section 6 of the Legislative Aides Appointment Law of Delta State, 1999 (as amended in 2007) will lead to dictatorship, continuous abuse of my fundamental rights to dignity of human person and will promote my harassment by 1st Defendant and further that 1st Defendant can unilaterally terminate my employment without recourse to due process and the extant laws of the land and without affording me the opportunity of being heard in the event that he chooses to violate my fundamental rights.”
“That I know as a fact and I verily believe that the continued retention of Section 6 of the Legislative Aides Appointment Law of Delta State, 1999 (as amended in 2007) will create untold hardship to me in terms of embarrassment, loss of dignity of human person, and abuse of my rights to fair hearing by 1st Defendant and other members of Delta State House of Assembly to their Legislative Aides”.
“That the national Courts and regional Courts are continually taking steps in protecting the fundamental rights of citizens.”
“That this Honourable Court has a duty to prevent any violation of the provisions bordering on fundamental rights, among others.
“That I know as a fact that unless this Honourable Court voids the provision of Section 6 of the Legislative Aides Appointment Law of Delta State, 1999 (as amended in 2007), that my rights as guaranteed by the grundnorm and other extant laws are at the risk of being violated”.
“That the National Assembly has already made adequate provisions and laws with respect to the terms and conditions in employment or labour qua workforce in Nigeria.”
“That I know as a fact that all the citizens of the Federal Republic of Nigeria are equal before the laws of the land and enjoy the same rights and respects of the same rights; and further that nothing can justify the domination of one citizen by another nor can the rights of a person be violated by another except in circumstances permitted by law.”
“That since the Federal Republic of Nigeria became an independent Nation that it has unequivocally been committed to the international system founded on the United Nations and its Treaties.”
“That the Federal Republic of Nigeria has been actively participating in United Nations activities and has adopted and ratified several United Nations Treaties and Conventions connected with labour practices, employment and industrial relations matters and the interpretation of international labour standards in favour of civilized conducts in work places and work related matters.”
From the information available to our reporters, the lawsuit is slated for further mention on the 27th day of May, 2021.
