The counsel to the ImoStategovt on the 10,000 job scheme case was disappointed at the Appeal Courtin Enugulast week 6/12/12 as his motion challenging the jurisdiction and locus stand of the claimants was deferred to the 14th of June 2013.
It will be recalled that the issue of jurisdiction of the court and the Locus Saudi of the claimants has been critical argued at the National Industry Court (NIC) and ruling given in favour of the court and the claimants on the 25/4/12. But the defendant not satisfied with the ruling, approach theAppeal Courtin June 2012 challenging the ruling of the Hon Justice Auwa Ibrahim of theNational Industrial CourtEnugu.
In a similar development, the state govt through their counsel Barr K.C. Nwokorie filed another motion before Hon Justice Ibrahim of the National Industrial Court on the 14th June 2012 where he prayed for the stay of proceeding pending on the determination of leave to appeal on the ruling of 25/4/12, extension of time to file notice of Appeal, etc.
However, after a critical examination of the arguments and submissions by the claimants and defendant counsels on the issue of stay of proceeding, it was proved that the defendants did not place anything before the court to satisfy it to grant a stay of proceeding because according to the supreme court “any party seeking for an order of stay of execution or proceedings must sufficiently satisfy the court through cogent, concrete, convincing and compelling reasons for such application to be granted”.
Consequently, Hon. Justice Ibrahim ruled that the application filled by the defendants fall short of the reasons given above, therefore his prayer for stay of proceedings was accordingly hereby refused.
Now, all is set for the January 29th hearing of the case, as effort by the govt to delay or stop the substantive hearing of the case did not work as the hearing will now commence before theAppeal Court sits to hear the motion against the ruling of 25/4/12.
