Media
- Home
- Details
The Presiding Judge of Calabar Judicial Division of the National Industrial Court, Hon. Justice Sanusi Kado, has declared that Hilary Esq's employment as Chief Magistrate Grade 1 on Salary Grade 16 in the Cross River State judiciary with effect from 3/2/2019 is still valid and subsisting.
The Court nullified the Cross River State Judicial Service Commission's purported cancellation of Hilary’s appointment of 3rd February 2019 as Chief Magistrate 1, grade level 16 in the Cross River State Judiciary and the purported re-appointment of Mr Hilary by the Cross River State Judicial Service Commission as Magistrate grade II with effect from 17th May 2021, for being illegal and unlawful.
The Court also ordered the Government of Cross River State, Its Attorney General And Commissioner For Justice, and Cross River State Judicial Service Commission to immediately reinstate Mr Hilary back to his rank and position of Chief Magistrate 1, grade level 16, and to henceforth pay claimant’s salary as chief magistrate 1, grade level 16.
Justice Kado ordered the Government of Cross River State, Its Attorney General And Commissioner For Justice, and Cross River State Judicial Service Commission to pay Mr Hilary the sum of N14,202,412.64 (Fourteen Million, Two Hundred and Two Thousand Four Hundred and Twelve Naira, Sixty-Four Kobo), being unpaid arrears of salaries from February 2019 to April 2021 and shortfall in the salary paid every month to the claimant from May 2021 to June 2022.
From facts, the claimant- Mr Hilary had submitted that he had been working diligently as Chief Magistrate 1, and he had not been paid salary for his services, since he was employed from February 2019, until April 2021, a period of twenty-seven (27) months.
Mr. Hilary averred that when the hardship resulting from non-payment of salary became unbearable, after the second street demonstration in March 2021, the Cross River State Judicial Service Commission invited Mr. Hilary and his colleagues to sign a fresh acceptance form for an offer of appointment as Magistrate grade II on grade level 10 in the Cross River State Judiciary.
It was only in May 2021, that the Government of Cross River State, Its Attorney General And Commissioner For Justice, and the Cross River State Judicial Service Commission began to pay Mr Hilary monthly, but even at that, Mr Hilary was only paid a fraction of the salary due to him monthly as Chief Magistrate Grade 1, on salary grade level 16, which he was appointed in February, 2019.
In defence, the defendants’ counsel maintained that the appointment of Mr. Hilary as Chief Magistrate 1, grade Level 16 does not have the blessing of the Governor of Cross River State who must approve all appointments in the state. As a consequence of which Mr. Hillary was not paid salaries for 27 months as claimed.
The Government of Cross River State averred that the re-appointment of Mr Hilary as Chief Magistrate Grade II on grade level 10 in 2021 was not under any duress and that the new appointment also cancelled and supersedes Mr Hilary’s earlier appointment dated 21/1/2019.
The defendants argued that Mr. Hillary, having accepted the Cross River State Judicial Service Commission's offer of employment unconditionally, the said contract of employment is valid and therefore binding. Counsel urged the court to dismiss the case in its entirety.
In opposition, the learned counsel to Mr. Hilary, argued that his client is entitled to be paid for services he rendered to the Cross River State Government, and further contended that the Government's purported cancellation of Mr. Hilary’s appointment of January 2019 cannot invalidate the services rendered, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Sanusi Kado held that there is also no where the Government of Cross River State, Its Attorney General And Commissioner For Justice, and Cross River State Judicial Service Commission asserted paying Mr Hilary for the services rendered from February 2019 to April 2021, and that Mr Hilary has established that he was employed by the defendants as Chief Magistrate grade 1, salary grade level 16 and worked from the date of his employment in February 2019 to April, 2021 without being paid his salaries for 27 months.
Justice Kado ruled that a claim of arrears of unpaid salary being on earned entitlement cannot be affected by dismissal, cancellation or any determination of the employment, that the only thing that can stand against such claim is proof where there is proof it will be granted, and where there is no proof it will be refused.
On the subsequent appointment of Mr. Hilary to a lower grade level, the Court ruled that the appointment of Mr. Hilary as Chief Magistrate 1, Grade Level 16 being one that has support from the constitution cannot be wished away at the whims and caprices of a third party or even by the Cross River State Judicial Service Commission itself.
The Court held that the appointment of Mr. Hilary having not been made at the pleasure of the defendants, for any action to be taken it must be sanctioned by law otherwise it will be in futility.
“Therefore, the defendants cannot be said to have clean hands. They are guilty of wrong doing i.e. denial of claimant his salary for 27 months. Therefore, it will be unconscionable to allow the defendants to continue to dribble the claimant so as to continue to deny him his earned entitlement.
“This judgment is with immediate effect." The Court ruled.
Visit the judgment portal for full details
