The National Industrial Court, NIC, in Abuja, has again affirmed Comrade Innocent Bola-Audu as the legally elected President of the Association of Senior Civil Servants in Nigeria, (ASCSN), thereby laying to rest, the more than four years legal battle on the leadership of the association.
The Court on Wednesday ordered that Bola-Audu be allowed to take over leadership of the largest trade union, including its National Secretariat unhindered and without molestation, disruption or harassment by the defendants in the suit.
Delivering judgment on the second round of the legal battle, Justice Rakiya Bosede Haastrup held that Sheu Mohammed and Apebo Joshua, who have been parading themselves as National President and Secretary General of ASCSN, have no law or authority to back up their actions.
In the judgment on the suit marked NICK/ ABM/169/2025, Justice Haastrup upheld the election of August 10, 2024 which returned Bola-Audu for a second term of four years for being conducted in line with the provisions of the Constitution of the association.
In the same vein, the Court nullified and set aside, the factional election held in Lagos and which produced Sheu Mohammed and Apebo Joshua as factional leaders.
The Accountant General of the federation, who was one of the defendants in the suit was ordered to release check off dues of the association members to the Bola-Audu leadership.
According to the Court, the Lagos election was held in flagrant disregard to the ASCSN constitution and was therefore a product of fraud and illegality that cannot stand in the face of the law or produce legitimacy.
Justice Haastrup recalled the judgment of the same Court delivered on July 9, 2024 by Justice Oyewumi Oyebiola, now in the Court of Appeal which upheld the Presidency of ASCSN under Bola-Audu adding that the judgment remained valid, subsisting and binding on all ASCSN members since Sheu Mohammed and Apebo Joshua faction did not appeal against it.
The court held that the earlier suspension of Bola-Audu by the Central Working Committee of the ASCSN and his subsequent expulsion by the National Working Committee had in the earlier judgment declared unlawful, illegal, null and void.
It held that the suspension was based on a false allegation that was earlier quashed by the High Court of Federal Capital Territory, FCT, sitting at Maitama.
The National Agency For The Prohibition Of Trafficking In Persons, NAPTIP, had on February 22, 2021, arrested and detained Bola-Audu over an allegation that he was involved in human trafficking and exploitation of vulnerable persons.
However, he was discharged and acquitted of the allegation by an Abuja high court.
She took a swipe at Sheu Mohammed and Apebo Joshua for their conduct against the judgment adding that orders made by law courts are meant to be obeyed and not to be mocked by Sheu Mohammed and Apebo Joshua who are 1st and 2nd defendants in the instant suit.
The judge imposed a fine of N10M each on the two defendants to be paid to the claimants for being vindictive, conducting themselves in contempt of court and acting in defiance of the subsisting court judgment.
Justice Haastrup also imposed another N50M on the two defendants to be paid to the claimants as exemplary and aggravated damages.
The court held that the actions of the two defendants in instigating members and other government officials against the claimants through frivolous letters and correspondences despite court judgment recognizing their leadership were tainted with malice.
She subsequently voided and set aside all letters written to individuals and government officials and establishments by the two defendants against the claimants.
The Judge issued a restraining order against the two defendants prohibiting them and their agents from disrupting the claimants from functioning as the authentic officers of the association and from accessing all properties of the association.
Besides, the tenure of office of the claimants was extended by six months being the period they were not allowed to access the National Secretariat of the association.
Reacting to the judgment within the court premises, Bola-Audu thanked the judiciary for upholding the truth in the leadership dispute of the association.
He said that there was no victor and vanquished and pleaded with the defendants to join him and others in moving their association forward in the interest of the over 600, 000 members.
