Refusal Of Cross River State Govt. To Pay Magistrates, Not Only Callous But Unconstitutional

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*Calls On NBA, Organized Labour To Support The
Magistrates
*Says Violates Convention No. 95 Of 1949 Protection Of
Wages
*We Shall Not Tolerate Impunity In Nigeria, Coalition Vows

Alliance On Surviving COVID-19 & Beyond (ASCAB) has condemned
the refusal of the Cross Rivers State Government to pay some
Magistrates for two years.

Gov. Ben Ayade has stated that the refusal to pay them is
consequent upon the fact that their appointments were not
authorized by the Government.

The coalition described the attitude as not only callous but
unconstitutional and violative of international instruments.

This is contained in a statement issued by ASCAB Interim
National Chair, Femi Falana, SAN which was made available to
Nairalaw

“ALLIANCE ON SURVIVING COVID-19 AND BEYOND (ASCAB) unequivocally
supports the striking Magistrates of Cross River State who are
protesting against the callous and unlawful non-payment of their
salaries for the past two years.

“ASCAB calls on the Cross River State Government to immediately
pay the backlog of two years’ salaries of the Magistrates.

“The alleged reason given by the State Governor for the refusal
to pay the salaries of the Magistrates predicated upon the claim
that Mr. Governor did not give clearance for the appointment of the
Magistrates is totally unconstitutional”, he stated.

Besides, it was stated that the reason adduced by the Governor
is not in accordance with the provision of the 1999 Constitution of
the Federal Republic of Nigeria.

“This is because the office of the Governor is a creation of the
Constitution. Whoever occupies the office of the Governor cannot
act contrary to the provisions of the same Constitution. The
Constitution of the Federal Republic of Nigeria, 1999, as amended,
does not give any role for the Governor in the appointment of
Magistrates.

“For the avoidance of any doubt, Part II, Paragraph C(6)(c) of
the Third Schedule to the Constitution provides that the State
Judicial Service Commission shall:
“appoint, dismiss and exercise disciplinary control over the Chief
Registrar and Deputy Chief Registrar of the High Court, the Chief
Registrars of the Sharia Court of Appeal and Customary Court of
Appeal, Magistrates, Judges and members of Area Courts and
Customary Courts and all other members of the staff of the judicial
service of the State not otherwise specified in this
Constitution.”

“By virtue of the provisions of the Constitution quoted above,
the power to appoint, dismiss and exercise disciplinary control
over Magistrates in Cross River State is vested exclusively in the
Judicial Service Commission of Cross River State and not in the
Governor of Cross River State”, Falana stated.

“By Article 12(1) of Convention No. 95 of 1949 on Protection of
Wages, it is mandatory for employers of labour, including
governments, to pay wages regularly within intervals provided by
national laws, which in the case of Nigeria has been fixed to be
monthly. ILO Convention No. 95 was ratified as far back as 17th
October 1960.

“The refusal of the Cross River State Government to pay
Magistrates two years earned salaries is therefore not only
callous, but unconstitutional within the context of Section 254C(2)
of the Constitution which has clothed ratified ILO Conventions
constitutional flavour. In the recent case of SAHARA ENERGY
RESOURCES LTD V. OYEBOLA (2020) LPELR-51806(CA), the Court of
Appeal has given judicial approval to the enforceability of all
ratified Conventions such as Convention No. 95 on Protection of
Wages”, Falana added.

Finally, ASCAB has called on NBA Branches in Cross Rivers State
and organized labor to be unanimous in protesting against the
action of the Government.

“We therefore call on the Branches of the Nigerian Bar
Association in Cross River State and organized labour in Cross
River to join ASCAB branch in Cross River State in solidarizing
practically in the street along with the protesting Magistrates for
immediate payment of their earned but unpaid salaries.”

“ASCAB shall not tolerate impunity and oppression of any segment
of the working class anywhere in Nigeria”, Falana, SAN further
stated.