The court has ruled that the Finance Minister and others are not allowed to reduce the salaries of academic medical doctors
Court bars Finance Minister, others from slashing salaries of medical doctors in academics
By Abubakar Salihu
Minister of Finance, Budget and National Planning, Zainab Ahmed
Mrs. Zainab Ahmed, the Minister of Finance, has been ordered by the National Industrial Court in Abuja to stop revising the salaries and allowances of members of the Association of Specialist Medical Doctors in Academics (ASMEDA).
According to the Nigerian News Agency (NAN), the claimants, Dr. Christopher Sakpa, Dr. Momoh Mcsionel, Dr. Ahmed Rabiu, and Dr. Darlington Akukwu, had filed a claim on behalf of themselves and the ASMEDA members who were affected.
The National Salaries, Incomes and Wages Commission, the Accountant-General of the Federation, and the Minister of Finance are the defendants in court as the first, second, and third defendants, respectively.
In a ruling on an ex-parte motion filed by claimants’ counsel, Martin Agba, Justice Osatohanmwen Obaseki-Osaghae held that the order of interim injunction would remain in effect pending the hearing and determination of the suit.
Until the case is resolved, Justice Obaseki-Osaghae enjoined all defendants from acting on the contents of a letter issued by the salaries commission on April 22.
She also issued a “interim injunction” prohibiting the defendants from paying the claimants’ July 2021 salary and subsequent months’ salaries based on the CONUASS and associated allowances “until the motion on notice is resolved.”
“A mandatory order of interim injunction on the defendants to pay the claimants’ salaries for July 2021 and subsequent months based on the CONMESS and associated allowances approved by the Federal Government of Nigeria on Sept. 29, 2009, which is the status quo as of April 2021, pending the determination of the motion on notice.”
The judge adjourned the case until Oct. 14 to hear the motion on notice, after ordering that the originating processes, motion on notice, and hearing notices be served on the defendants. .
The applicants sought some claims against the defendants in a motion on notice marked: NICN/ABJ/145/2021 dated July 8 and filed July 12 by Agba, according to NAN.
“The commission’s letter of April 22, to the Accountant General with reference number: SWC/S/04/S.410/T/86 directing enrolment of the claimants into the Consolidated University Academic Salary Structure (CONUASS) and associated allowances is a violation of the presidential directive of Sept. 29, 2009,” they claimed.
They claimed that the Federal Government approved and placed the claimants on the Consolidated Medical Salary Structure (CONMESS) and related allowances, which has no legal basis, is null and void, and has no effect, and should be discounted and retracted immediately.
They also requested a mandatory injunction directing the defendants to reinstate the claimants to the Consolidated Medical Salary Structure (CONMESS) and associated allowances, which were approved by the Federal Government of Nigeria on Sept. 29, 2009, and with which the claimants had previously been paid their salaries until April 2021.
They also asked for a permanent injunction prohibiting the defendants from using, giving effect to, making reference to, or acting on the contents of the April 22 letter.
They also asked the court to issue an order directing the defendants to pay the claimants the difference in salaries between CONMESS and associated allowances and CONUASS / from May 2021 until the date of final judgment in this case.”
The claimants asked the court to issue an order directing the defendants to pay them N50 million in general and exemplary damages for their deliberate breach of government policy by stopping the payment of CONMESS and related allowances. They also asked the court to order them to pay N3 million in legal fees.
According to NAN, the Federal Government approved the new CONMESS salary structure for medical and dental officers in the federal public service on September 29, 2009, in a circular with reference number SWC/S/04/S.410/220.
The National Salaries, Incomes and Wages Commission, in a letter dated April 22 and addressed to the Accountant-General of the Federation and signed by the acting Director, Compensation, Adighiogu Chiadi, on behalf of its chairman, directed that medical doctors in academic and research institutions be re-enrolled on CONUASS.
The claimants averred that since the latest directive took effect, their take-home pay had reduced drastically by about 60 percent. (NAN)