In a court document seen on Monday, the workers alleged that
the CBN violated internal policies, Nigerian labour laws, and their contractual
rights.
The claimants, represented by Stephen Gana and 32 others,
filed a class action lawsuit at the national industrial court of Nigeria
(NICN), Abuja.
They said their termination process, carried out through
letters, titled, ‘Reorganizational and Human Capital Restructuring’, and dated
April 5, 2024, violated both the CBN human resources policies and procedures
manual (HRPPM) and Section 36 of the Nigerian constitution.
The claimants said the process lacked the necessary
consultation and fair hearing mandated by law.
The originating summons, filed on July 4, 2024, under the
NICN Civil Procedure Rules 2017, raised several questions for the court to
consider, including whether the claimants were denied their constitutional
right to a fair hearing before and after their appointments were terminated.
The workers also claimed that the termination letters,
issued on the basis of “restructuring,” were arbitrary, illegal, and
unconstitutional.
Insisting that they continue to work for the apex bank, the
claimants are seeking a court ruling that their dismissals are “void and
useless”.
Additionally, they sought a restraining order to prevent the
CBN from firing them without following the proper procedures, immediate
reinstatement, and payment of salaries and benefits from the date of
termination.
The court filing references Article 16.4.1 of the HRPPM,
which mandates consultation with the joint consultative council (JCC) and
adherence to fair procedures before employment actions adversely affect staff.
The claimants said the provision was flagrantly disregarded,
as they were given just three days to vacate their positions and hand over
official property.
They are also seeking N30 billion in general damages for
psychological distress, hardship, and reputational harm caused by the
dismissal; and an additional N500 million as the cost of the suit.
COURT ENCOURAGES
AMICABLE RESOLUTION
In another document dated November 20, 2024, the court
called for an amicable resolution of the matter.
Gana and their counsel represented the claimants while Inam
Wilson alongside seven other lawyers represented the CBN (the defendant).
In the document, Obaseki Osaghae, the presiding judge of the
industrial court, acknowledged the defendant’s preliminary objection, filed on
November 4, 2024, challenging the suit’s admissibility.
The claimants responded with a counter-affidavit, which
their counsel confirmed had been served.
In response, the judge encouraged both parties to explore a
settlement under Section 20 of the National Industrial Court Act (NICA) of
2006.
“It is my view that parties should attempt an amicable
resolution of this dispute,” Osaghae said.
The matter was, therefore adjourned to January 29 for the
hearing of the preliminary objection or to review the progress of any
settlement discussions.
BACKGROUND
In 2024, CBN terminated the appointments of about a thousand
staff. The dismissal was said to have been conducted in four batches between
March and May of the aforementioned year.
Some workers claimed that they received severance payments
as low as N5,000, while others said their gratuities were absorbed entirely to
offset outstanding loans.
Although the layoff was officially attributed to a
“reorganisation” and “human capital restructuring”, the affected staff argued
that the process violated the CBN Act, which mandates board approval for
significant employment decisions.
On December 4 last year, the apex bank said its early exit
package (EEP) was entirely voluntary and without any negative repercussions for
eligible staff.
The CBN’s statement followed reports that 1,000 staff were
sacked from the apex bank.
Reacting to the development, the house of representatives
asked the CBN to suspend the “planned” retirement of 1,000 staff.
The lower chamber had also set up an ad hoc committee to
investigate the “process and legality” of the exercise.
Speaking on the matter on January 3, Olayemi Cardoso,
governor of the CBN, said the 1,000 staff who left the bank were not forced to
leave.
Cardoso also said the early exit programme and the
restructuring and reorganisation were to optimise the bank for enhanced
efficiency.