BY AGNES NWORIE, ABAKALIKI
The dethroned traditional ruler of Idima community in Afikpo South Local Government Area of Ebonyi State, Micheal Chima-Oduko, has sued Ebonyi State Government.
The monarch dragged Governor David Umahi, the Attorney General and Commissioner for Justice, Commissioner for Local Government and Chieftaincy Matters and the Chairman, Afikpo South Local Government Area to court for allegedly withholding his salaries and allowances.
In a suit marked NICN/ABK/05/2022, Chima-Oduko sought redress before the presiding judge of the Abakaliki Division of the National Industrial Court of Nigeria, Justice Oluwakayode Arowosegbe, and asked the court to compel the defendants to pay his withheld entitlements.
Recall that the state government, early last year, dethroned the monarch over some disagreements.
After considering the facts of the matter, Justice Arowosegbe held that a monarch was not a public officer and so, the National Industrial Court of Nigeria lacked jurisdiction to hear the matter.
While striking out the matter for lack of jurisdiction, the judge held, “Though the claimant (monarch) had argued that he is a worker, I disagree with this argument in that it has not been shown to me that there is any contract of employment between the claimant and the defendants with spelt out terms and conditions of service.
“The term ‘worker’ is synonymous to ’employee’. I hold that the claimant is not a worker or employee of the defendants.
The only thorny issue is whether the claimant is a public officer or public office holder.
“A chief, though not appointed directly by the government, nonetheless, cannot legally function without the approval and recognition of the government. A Chief is also subject to the disciplinary powers of the government and can be removed from office by the government. It is clear a chief is not a mere private officer but public officer with direct supervision of government with salary or stipend.
“It appears to me that the definition of public service in Section 318(1) of the Constitution is not exhaustive and is generic in the list. So, I will not examine this issue further, but I have a duty to draw the appellant courts’ attention to my thoughts on the issue at hand while I will still obey the precedent laid down by them on the issue.
That is necessary for healthy development of the law.
“Going by the dictate of this precedent from the Court of Appeal, it is clear as daylight that the claimant is not a public officer and not being a public officer or worker, he is not amenable to the jurisdiction of this court in the circumstances of this case. The jurisdiction belongs to the High Court of Ebonyi State. I so hold. In that event, this suit is liable to be struck out and it is accordingly struck out for want of jurisdiction.”
