The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Sinmisola Adeniyi has dismissed the case filed by Timmy Kambai, Saleh Abdulaziz and Adams Nathan challenging the circular issued by the Governor of Kaduna State limiting the working days of the employees of the State Judicial Service Commission from Monday to Thursday instead of Monday to Friday for lack of capacity to sue.
The Court held that Timmy Kambai and 2 Others have no vested and proprietary interest in the matters relating to the Constitutional powers of the Kaduna State Judicial Service Commission to have entitled them to approach the Court for redress.
From facts, the applicants- Timmy Kambai and 2 Others who are legal practitioners and members of the Nigerian Bar Association, Kafanchan Branch had submitted that the decision of the 1st Respondent to unilaterally change the five-working day week to a four-working day week, for judicial officers and staff who are employees of Kaduna State Judicial Service Commission was ultra vires.
They asked for a determination whether the Governor of Kaduna State has the powers to limit the working days of the employees of the State Judicial Service Commission, and upon determination sought for AN ORDER setting aside and/or nullifying the circular issued by the Kaduna Governor, limiting the working days of the employees of the State Judicial Service Commission from Monday to Thursday, instead of Monday to Friday.
In defense, the Kaduna State Governor, Attorney General and State Judicial Service Commission contended that the Governor has the command and authority over the state affairs. They further contended that Timmy Kambai and 2 Others do not have the locus to institute the action as they have not shown that they are public officers or employees of the Kaduna State Government or shown that they had suffered from the action of the State Governor.
In opposition, Timmy Kambai and 2 Others reiterated that as members of the legal profession and by the Rules of Professional Conduct for Legal Practitioners, they have an incumbent duty and obligation to defend, uphold and protect the Rule of law, and have the locus to institute the matter on public interest bothering on alleged violation of the Constitution.
They averred that the action of the Kaduna Governor has also affected the ability of the members of the Association to render services to litigants, whose cases now suffer delays resulting in further congested dockets, quality of delivery, the quick dispensation of justice and disposal of cases and causes of the Courts affected, and urged the Court to dismiss the State Government objection.
In a well-considered ruling, the presiding Judge, Justice Sinmisola Adeniyi held that none of the Applicants are public servants and neither are they officers or members of staff of the 3rd Respondent or employees of the courts listed in the Part II of the Third Schedule to the Constitution to have sufficient interest in or link or nexus to the matter they have instituted to have clothed them with that capacity to sue.
Justice Adeniyi ruled that a person without the requisite locus standi, no matter and notwithstanding the colossal nature of the injury and damages allegedly involved, cannot sue or have the right standing in a Court of law to seek a redness over an injury done in which he has no locus standi.
“On the basis of the foregoing analysis therefore, I hold that the Claimants are incompetent in law, and on the basis of the facts deposed in the Affidavit filed to support the Originating Summons, to have instituted this suit. In the same vein, this Honourable Court lacks jurisdiction to entertain this suit. I so further hold.”
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