Court dismisses NBET’s application for stay of proceedings in motion filed by whistleblower

The national industrial court (NIC) has dismissed an application by the Nigerian Bulk Electricity Trading Plc (NBET) for a stay of proceedings in a motion brought against it by one Sambo Abdullahi.

Abdullahi is a whistleblower who happens to work for NBET.

In the ruling on Monday, Kiyersohot Damulak, the presiding judge, directed Olayinka Arase, NBET’s lawyer, to provide a written application before such request is considered.

Abdullahi and Waziri Bintube, another whistleblower, through Leaks NG, had exposed several alleged fraudulent practices by Marilyn Amobi, NBET’s managing director.

Following the exposure, NBET redeployed Abdullahi  and also put a stop to payment of his salary.

He had approached the industrial court after his salaries were no longer paid by the electricity company on controversial grounds.

Abdullahi also requested that the court should restrain NBET from doing anything that will further affect his appointment.

At its previous ruling, the NIC had ruled that the parties maintain the status quo pending the determination of the substantive suit.

Dissatisfied with the ruling, Arase had approached the court of appeal but failed to make a written application before the NIC, regarding his motion at the upper court.

He said it was the “circumstance” that led to the oral application as against the written application required.

Adam Oloro-aje, Abdullahi’s lawyer, argued that the rules of the NIC provide that “anybody applying for a stay of proceedings must come by way of writing to the court.”

“It is only when that order is refused that they can proceed to the Court of Appeal,” he said.

In its final decision, the court ruled that Arase should provide a written application which would be heard and considered before a decision is taken regarding his request for a stay of proceedings.

The court adjourned till July 15, for further hearing on the matter.

Meanwhile, the Independent Corrupt Practices and other Related Offences Commission (ICPC) said it will prosecute Amobi over procurement fraud.