JAMALA GAILYSON YELWA -VS- FEDERAL UNIVERSITY, DUTSINMA & ORS

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA DIVISION

HOLDEN AT KADUNA

BEFORE HIS LORDSHIP: HON. JUSTICE LAWAL MANI, PhD.

DATE: 17^th January, 2018 SUIT NO: NICN/KD/20/2016

BETWEEN:

JAMALA GAILYSON YELWA……………………………………………………CLAIMANT

AND

THE GOVERNING COUNCIL FEDERAL UNIVERSITY, DUTSINMA
PROF. HARUNA A. KAITA (VICE CHANCELLOR) DEFENDANTS

REPRESENTATIONS:

Fatima M. Kyari holding brief for S.I. Abdulaziz (Esq.) for the claimant

A.D. Umar (Esq.)

Moses E. Okwah (Esq.) ……………………………………….. For the defendants

Claimant’s Counsel present

Defendants’ Counsel absent

CONSENT JUDGMENT

This suit was filed in this Honourable Court by a GENERAL FORM OF COMPLAINT dated 29^th day of November, 2016, where the claimant claimed against the defendants jointly and severally as follows:

TERMS OF SETTLEMENT

This suit was instituted at the instance of the claimant on the 29^th day of November, 2016 at the National Industrial Court, Kaduna. The claimant claim is as follows:
a)A DECLARATION that the 2^nd defendant acted ultra-vires his powers.
b)A DECLRATION that the 2^nd defendant does not have delegated or statutory powers to terminate the claimant’s employment.
c)A DECLARATION that the claimant was not afforded fair hearing in accordance to the statutes governing the 1^st defendant and therefore has breach the claimant’s fundamental rights to fair hearing as enshrined in the 1999 Constitution.
d)A DECLARATION that the claimant’s termination is illegal, wrongful, null and void.
e)A DECLARATION that the failure of the defendants to act in accordance with the statutes renders all actions thereto in determining the claimant’s employment a nullity.
f)A DECLARATION that the claimant be reinstated to his position as a staff of the 1^st
g)AN ORDER that the defendants shall pay the claimant the sum of N161, 930.92 (One Hundred and Sixty-one thousand, Nine Hundred and Thirty Naira two kobo); only per month from September, 2016 until the final determination of this suit.
h)AN ORDER that the defendants shall pay the claimant all bonuses and advancement due to him from September, 2016 to the final determination of this suit.
i)AN ORDER that the defendants shall offer an unconditional apology to the claimant in 3 national newspapers.
j)The cost of this action as shall be assessed by this Honourable Court.
The suit was first mentioned before his Lordship Hon. Justice Lawal Mani, Presiding Judge of the National Industrial Court of Nigeria sitting in the Kano Judicial Division, Kano on the 25^th day of January, 2017, pleadings were relatively exchanged between parties. The Presiding Judge was transferred to the Kaduna Judicial Division of the National Industrial Court of Nigeria consequently, sitting on this matter resumed at Kaduna on Thursday the 5^th day of October, 2017. Subsequently, parties agreed to settle this matter amicably in the interest of justice.

IT IS HEREBY AGREED AS FOLLOWS:

That the claimant has been reinstated into the Federal University, Dutsinma and the reinstatement nullifies any purported termination of employment and it is deemed that the claimant never left the service of the 1^st defendant.
That the claimant, by his years of service, has effectively assumed all the necessary promotions and shall receive his emoluments reflecting the growth and upgrade.
That the claimant’s name shall be reinserted on the payroll by the Bursar of the 1^st defendant effective 16^th June, 2017 and his salaries and allowances shall be paid into the claimant’s account.
That the claimant is hereby released from his fellowship bond dated 16^th June, 2017 and the claimant agrees to waive any claim to his salary arrears thereto.
The years of service of the claimant are deemed to have commenced from the 9^th day of January, 2014 and the claimant’s appointment is restored to the status quo.
The claimant’s promotion and confirmation of appointment would reckon with his years of service with effect from the recommendation of the 2015/2016 academic sessions appointment and promotion committees as Lecturer I on CONUASS IV STEP 1.
That consequent upon the reinstatement of the claimant, there shall not be any victimization and /or any further revisiting by investigative panels or committee of whatever name/style of the particular issues in this litigation without recourse to legal notices and statutes of the 1^st defendant.
That the parties have made these terms voluntarily and therefore urge this Honourable Court to deem these terms as the consent judgment of this Court.

COURT:

The terms of Settlement entered between the parties in Suit No. NICN/KD/20/2016 Signed by both Claimant and Registrar of the 1^st Defendant (on behalf of the Respondents) dated the 13^th day of December, 2017 and filed on the 10^th day of January, 2018 are hereby entered as consent judgment between the parties before this Honourable Court.

This shall be the final Judgment of this Court in this matter.

Dated this 17^th day of January, 2018.

…………………………………………………

Hon. Justice Lawal Mani, PhD.

Presiding Judge