From Godwin Tsa, Abuja
The National Industrial Court (NIC) sitting has ordered the Radiographers Registration Board to pay Mrs Vivian Mgboh all her withheld salaries and allowances pending the hearing and determination of the suit she brought before the court.
In her judgment, Justice EN Agbakoba sitting in Abuja ordered that parties must maintain the status quo ante bellum as according to her it is a settled principle of law that a restorative mandatory injunction can be invoked by the court to set aside completed acts and restore the parties to the status quo ante bellum if the defendant sought to be restrained completed the act in defiance of an existing court order and or a pending suit as in the instant case.
According to her, ”in the circumstances, it is necessary to order that the parties maintain the status quo ante bellum. To begin with, the meaning of the status quo ante bellum is the state of affairs before the beginning of hostilities.
“So, the status quo ante bellum that ought to be maintained in this case is the state of affairs that existed before the 26th of January 2021 when the committee was constituted (and includes the reversal of the defendants’ letter suspending the claimant’s salary of three months inter alia) which constitutes the wrongful act complained of by the application” she added.
Specifically, Mrs Vivian Mgboh a Senior Executive Officer with the Radiographers Registration Board of Nigeria has through her Counsel Donald Ariku gone to the National Industrial Court to challenge her suspension from office and stoppage of her salary by the Disciplinary Committee set up by the Board.
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Mgboh is asking the court for an order setting aside all the decisions or resolutions made against her by the Board cited as the (4th defendant) constituted Senior Staff Disciplinary Committee on the 13th of April 2022 without the leave of this Honorable Court used to intimidate, overreach or frustrate the claimant/applicant during the pendency of the claimant/applicant’s suit with number NICN/ABJ/345/2021 still subsisting before the court.
Cited in the suit as the 1st to 4th defendants are Ganiyu Opalaye, Abel Baiye Ajibade, Igbavboa Moses and the Radiographers Registration Board of Nigeria.
Counsel to Mgboh Donald Ariku had in a letter to the Registrar/Chief Executive Officer of the Radiographers Registration Board of Nigeria which was also copied to the Head of Service of the Federation, Permanent Secretary Federal Ministry of Health and the Chief Registrar National Industrial Court of Nigeria requested the payment of the withheld salaries and training allowances pursuant to the ruling delivered by the National Industrial Court of Nigeria on July 22nd, 2022 in respect of suit number NICN/345/2021.
According to Ariku, ”we are solicitors to Mrs Vivian Mgboh of the Servicom unit of the Radiographers Registration Board of Nigeria hereinafter referred to as our client on whose behalf and instructions we request the above subject matter. Pursuant to the ruling delivered on July 22nd,2022 by the National Industrial Court setting aside or reversing your actions suspending and stopping our client’s salary for three months.
“The court in its ruling unequivocally stated that the status quo that ought to be maintained in this case is the state of affairs before the 26th of January 2021 when your Disciplinary Committee was constituted and includes the reversal of your suspension of the claimant’s salary for three months which constitutes the wrongful acts complained of by the application”he added.
Ariku further stated that ”in view of the foregoing ruling delivered by the National Industrial Court on July 22nd, 2022 your posting of our client and Enderline Iheanyi is of no moment as our client is expected to remain in the Servicom Unit of the Radiographers Registration Board of Nigeria (RRBN) being the Department or unit she was duly seconded to as at 26th January 2021. Also, your office is by the foregoing ruling of the National Industrial Court of Nigeria order d to release forthwith our clients withheld or suspended salaries for three months inclusive all her allowances for the training of staff (inter alia).
“More your Board is expected to maintain at all time the status quo ante bellum pending the hearing and determination of our client’s suit and to refrain from taking any steps whatsoever or howsoever that will further overreach or prejudice our client’s case before the National Industrial Court of Nigeria. Further, take note that our client resumed work in the Servicom Unit on the 22nd of July, 2022 pursuant to the aforementioned ruling of the National Industrial Court of Nigeria with Messers Ganiyu Opalye (Head of Administration and Secretary Senior Staff Disciplinary Committee of the Radiographers Registration Board of Nigeria) Abel Baiye Ajibade (Head of Servicom unit of RRBN) as acquiesced of,” he added.