By; SANI ALIYU, Zaria
A motion on notice for leave to appeal against the decision of the National Industrial Court, Kano Division in suit no NICN/KN/26/2016 delivered on January 23rd 2018 has been filed on the ground of mixed law and facts contained in the notice of appeal.
The case is between Comrade Iliyasu Abdulra`uf Bello, Chairman SSANU/ABU, Zaria branch and five others as Appellants and Comrade Samson C. Ugwoke and seven other as respondents.
According to the motion on notice, it also sought for such further or better orders as the Honorable Court may deem fit to make in the circumstances of the case.
In a 10 points sworn affidavit in support of their appeal the litigation clerk Musa Adamu of the firm of S.J Gani & co counsel to the appellants/applicants in the case on the virtue of his position know as of fact that, this in a considered ruling on the 23rd day of January, 2018 struck out suit No K/26/2016 and a copy of the judgment is attached and marked as exhibit MA I.
And that the appellants/applicants are desirous of filling an appeal against the said ruling since they have good and arguable grounds of appeal.
Also the respondents will not be prejudiced by the grant of the application, while the interest of justice would be better served if the application is granted.
In another motion on notice, the counsel to the Appellants/Applicants praying the Honourable court for the following orders among others: “an order restraining the respondent, their agents, organs or anybody constituted by the 2nd respondent from constituting a caretaker committee or any Committee or a body to take over from the appellants or act in the position of the executive Council of the Ahmadu Bello University, Zaria branch of the 2ndrespondent until the determination of the appeal file by the appellants”.
The hearing on the appeal has been fixed for 28th February, 2018.
Making reference in the previous judgment the court ruled that “Now regarding the rest of the argument formulated in issues 2 , 3 , 4 and 5 by the defendant at page 15 to 29 0f the written address and the argument and submission of the claimant respondent in paragraphs 3, 14 to 3.19 of the claimant .respondents written address, I found that the claimant tenure had expired as an uncontroverted fact since 23rdFebruary 2016 and that his suspension for 3 months had run its course whether actual threatened or imagined I do find further here that there is no evidence to suggest that the defendant is still suspending the claimant or is going to do so all over again so in am in agreement with the applicants in this motion. When they submit the substantive suit as it is merely academic”. `
The respondents are Comrade Samson C. Ugwoke , SSANU National President, (SSANU), Comrade Hadiza Dije. Ali, Comrade Muhammed Gimba Alfa, Comrade James Fort Buka , Comrade LawaI Yakubu Hunkuyi, Mohammed A. Yunusa and Comrade Joseph M. Gimba all of SSANU/ABU, Zaria branch.