Appeal Court Orders Retrial Of 10,000 Job beneficiaries Case
The Court of Appeal sitting in Owerri, Imo State, Thursday (5/3/2026) set aside the judgment of the National Industrial Court that declared the suit of the 10,000 job beneficiaries as statute-barred.
Reading the lead judgment in the APPEAL NO. CA/OW/259/2015 – Ukawuike Emmanuela Ngozi & 76 Ors v. Governor of Imo State & Anor, Hon. Justice M.L Abubakar held that the cause of action in the suit arose with the declaration of the appointments of the 10,000 job beneficiaries as defunct in the Public Notice dated 21st November 2011, and not on 6th June 2011 when the then Governor of the State, Chief Rochas Okorocha orally suspended their appointments.
The Appellate Court held that the suit of the Appellants filed on 5th January 2012 was filed within time and not caught up by Section 2 of the Public Officers Protection Act as decided by the trial Court.
The Court ordered that the suit be remitted back to the National Industrial Court for hearing on the merits.
The Appellants as Claimants on 5th January 2012 instituted an action at the National Industrial Court seeking among other reliefs “A declaration that the suspension of the appointment of Imo State indigenes employed under the 10,000 jobs scheme, which included the appointments of the Claimants as staff of Imo State Public Service by the 1st Defendant, Governor of Imo State, in his maiden speech on 6th June 2011 and the subsequent declaration of the said appointments as ‘defunct’ vide a Public Notice dated 21st November 2011 with Ref. No. GH/STA/10,000/27 and signed by one Dr. Kachi Nwoga, aide to the 1st Defendant, are wrongful, unlawful, illegal, null and void, and of no effect”.
The Respondents as Defendants filed a Preliminary Objection challenging the jurisdiction of the Court on the grounds that the suit was statute barred.
They contended that the suit was filed over three months after the cause of action had arisen contrary to Section 2 of the Public Officers Protection Act.
The Claimants argued that the cause of action in the suit became complete with with the declaration of their appointments as defunct in the Public Notice dated 21st November 2011.
The trial Court on 11/11/2015, delivered its Ruling/Judgment on the Defendants’ Motion against the Claimants. The Court dismissed the suit as being statute barred.
Counsel for the Appellants, Chinyere O. Iwunna (Mrs.) and Nancy O. Nwabia (Mrs.) while challenging the decision of the trial Court on Appeal argued that the Appellants’ cause of action crystalized and became complete with the declaration of their appointments as defunct by the Respondents on 21st November 2011 in a Public Notice published on 27th November in a state-owned tabloid.
Appellants’ counsel submitted that suspension is usually putting an employee’s appointment on hold pending when a permanent decision will be taken in his case.
The Appellate Court in a considered judgment today, allowed the Appeal and set aside the decision of the trial Court.
