By Vivian Okejeme, Abuja
The National Industrial Court Abuja, will June 28, hear a suit seeking upward review of salaries of judicial officers in the country.
Defandants in the suit are the National Assembly, the Attorney General of the Federation and Minister of Justice, the Revenue Mobilization, Allocation and Fiscal Commission (RMAFC), and the National Judicial Council.
The suit filed by Chief Sebastine Hon SAN, was on June 6, adjourned to yesterday (June 22) when counsel representing the NASS, Charles Yoila, told Justice Osatohanmwen Obaseki-Osagie that the legislative was opting for an out of court settlement.
Consequently, the court adjourned till yesterday for report of settlement or definite hearing on the substantive suit.
However, at a resumed sitting on Wednesday, counsel to Hon, Chief Adegboyega Awomolo SAN, told the court that their was no amicable out of court settlement in sight.
Awomolo also hinted the court that the AGF filed a preliminary objection, “full of mere technicalities”.
He also, informed the court that the client has depositions and documentary evidence were the AGF had accepted that the plaintiff has cause of action.
Kunle Adegoke SAN, announced appearance for National Judicial Counsel. He prayed the court to grant then short adjournment in his instance, adding that he was just briefed in less than 24 hours ago to represent it in the matter.
“I need two days to appear properly before the court. The issue is a matter of national significance and the NJC feels it’s important for it to put in necessary documents, Adegoke said.
He therefore pleaded the court for a short adjournment for the NJC to be properly represented in the court.
Reacting, Ekene Elodimuo, lawyer representing the AGF informed the court that he was not opposed to the application for adjournment, made by counsel to the NJC.
“As the Chief Law Officer of the country, our filing of a counter affidavit in opposition to the suit was from a legal standpoint.
“We have a preliminary objection against the suit.
Charles Yoila, representing the 1st Defendant (NASS) said the legislative body has not filed anything in court, despite seeking an out of court settlement.
“I have communicated to the officers of the 1st defendant but I have not heard from them.
“On the record, I have nothing to say than to plead for time to file the necessary documents in respect of the originating summon.
“I met with two officials of the NASS on the issue of out of court settlement but they informed me that nothing has been put down on the issue of proposed settlement.
“I am urging an adjournment, atleast I will file my processes by Friday. I have my draft but I don’t have the instructions of NASS to file it” Yoila stated.
There was no legal representation for the RMAFC.
On the issue of adjournment, Awomolo said, “we are conscious of the principle of fair hearing, that is why we are reluctantly allowing an adjournment from the NJC and AGF.
Meanwhile, the court has adjourned to June 28, for hearing of the substantive originating summon.
By the suit, Sebastine Hon, is praying the court to compel the defendants to increase the salaries and allowances of judges in the country.
An affidavit filed by Hon, in support of the originating summons, averred that as a legal practitioner, “who has practiced in all the levels of courts in Nigeria, I know that poor pay for judicial officers is seriously affecting the quality of judgments and rulings those officers are delivering and the discharge of other functions associated with their offices.”
He posited among other depositions that the current economic reality in the country requires that the salaries and allowances of the nation’s judges be urgently improved upon.
