IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
HOLDEN AT AKURE
AKURE JUDICIAL DIVISION
BEFORE HIS LORDSHIP HON. JUSTICE O.O. OYEWUMI
DATE: 21st January, 2019
SUIT NO. NICN/LA/133/2012
Between:
Mrs. Bolatito Adenike Oloketuyi
Claimant
And
- Adekunle Ajasin University
- Attorney General of Ondo State
- Defendants
Parties absent
Appearances
O.H. Akinmboni for the Claimant
Prince A.V. Adedoyin for the 1st Defendant
O.P. Utobijohwo for the 2nd Defendant.
JUDGMENT
By a General Form of Complaint filed on the 5th of April, 2012, the Claimant claims against the Defendants jointly and severally as follows:
- A DECLARATION that the claimant was the Registrar of the 1st Defendants from October 6, 2004 to January 13, 2010.
- A DECLARATION that the Claimant was in service of the 1st Defendants from January 1, 1998 to January 13, 2010.
- A DECLARATION that the Claimant is entitled to last official car with Security No. ONDO AA870 KAA.
- AN ORDER directing the defendants to pay the Claimant her entitlements which are as follows:
i.Annual Consolidated Salary(Terminal Benefit) -N6,020,163.00
ii.Annual Entertainment Allowance(Terminal Benefit) -N 60,000.00
iii.Annual Salary of Domestic servant(Terminal Benefits) -N 558,747.72
iv.One year salary in lieu of one year terminal sabbatical leave -N6,020,163.00
- Outstanding accumulated annual leave, totaling 265 working
days of 53 weeks(commutation to cash/ payment in lieu) -N6,135,935.37
- overseas vacation sponsorship/ financing(Council- approved)-N3,369,195.00
vii. Salary differential arrears (June 2009 to March, 2010) -N1,920,553.05
viii. Gratuity -N12,281,132.52
ix.Pension (13th January,2010 to end February 2012) -N12,878,633.7
TOTAL -N49,244,523.4
The claimant stated that she was employed as the Registrar of the 1st defendant on the 24th of September, 2009 for a 5-year term renewable for another period of 5 years. That the then Governor of Ondo State, Dr. Olusegun Mimiko set up a Visitation Panel into the affairs of the University from December 1998 to February, 2009 and that upon submission of the report, the Governor issued a White Paper on it. That without being accused of any misconduct, the Governing Council of the 1st defendant directed her to proceed on terminal leave by a letter dated September 9, 2009, that as she was not allowed to resume duty, she put in the Notice of her retirement by a letter dated 13th January, 2010, the notice which was accepted by the 1st defendant vide a letter dated 11th of April, 2011. That while on terminal leave, she was denied all her entitlements, which she thereafter protested by a letter dated 10th September, 2009. She stated further that the 1st defendant in its reply dated October 20, 2010, rewrote her conditions of service in order to deprive her of her legitimate entitlements. It is also stated that the decision not to renew her appointment as the Registrar was not recommended by the Visitor to the University and that before the decision, the defendants did not afford her the opportunity to make any representation.
The 2nd defendant in its Statement of Defence filed on 30th May, 2012, averred that the Visitation Panel made recommendations on Principal Officers and other members of staff of the University which included that the claimant should be asked to proceed on terminal leave, which was approved by the Visitor as the panel noticed some lapses on her part during her tenure as the Registrar, which include: (i) Maladministration (ii) Recklessness, (iii) Non-challant attitude to work, furthermore, that the claimant guaranteed a loan facility for SSANU Corporative Society without approval of Council and regard for the rules and regulations of the University. It was averred that the claimant had the opportunity to air her views during the sittings of the panel but did not do so as she was invited, appeared and made statements before it and that she was mandated to complete all clearance and formalities and handover all the University property in her custody before her entitlements will be paid but failed to do so. The 2nd defendant denied any attempt at re-writing the condition of service of the claimant and also stated that rejection of her request for sabbatical leave and retention of her official vehicle were conditional and based on successful completion of her tenure which she did not complete. The 1st defendant raised preliminary objection challenging the jurisdiction of the Court on the ground that this suit is time and statute-barred coupled with non-service of pre-action notice and also relied on Section 2A of the Public Officers Protection Law of Ondo state. It further averred that the claimant has not exhausted the internal dispute settlement processes of the institution before filing this suit.
At the commencement of trial, the Court encouraged parties to settle this matter amicably pursuant to Section 20 of the National Industrial Court Act, 2006 and the Court facilitated the amicable settlement of this dispute culminating in the filing and execution of the terms of settlement by both parties as witnessed by their counsel dated 5th December, 2018. The terms of settlement is hereby entered as the Consent Judgment of this Court as follows:-
- In consideration of the total number of 5 years, 3 Months and 7 days service in the employment of the 1st defendant, the Claimant shall receive and the 1st Defendant shall settle its own proportional share of the financial entitlements/ benefits due to the claimant upon retirement, as follows:
- Severance Package -N4,292,051.88
(as contained in the conditions of service available in the registry)
- Overseas Vacation Expenses -N3,369,195.00
iii. Gratuity -N2,958,376.15
- Pension -N6,588,424.30
(From 14th January, 2010 to 28th February, 2018)
- Peculiar Allowance Arrears-N1,156,063.73
(1st July, 2009 – 13th January, 2010)
- Monetization Arrears-N536,545.22
vii. One year sabbatical leave -N6,640,455.72
(that is, Annual gross pay)
viii. Official car with registration No. ONDO AA 870 KAA
- Power Generating set
Total -N25,580,550.52
Less indebtedness
(a) Salary overpayment –N924,037.65
(b) Cashadvance –N164,000.00
(c) SSANU CTCS -N42,583.00
(d) Consumer –N1,721,555.00
Total –N2,852,176.47
- The 1st Defendant shall communicate the retirement and discharge of the Claimant to the Ekiti State University to enable her receive her entitlements from them within the earliest possible time.
- The total financial benefit in the sum of N22,728,374.05( Twenty Two Million, Seven Hundred and Twenty Eight Thousand, Three Hundred and Seventy Four Naira, Five Kobo) shall be paid by the 1st defendant on instalmental basis to be worked out by the 1st Defendant’s University Governing Council.
- These Terms of Settlement shall be the Judgment of the Court and accordingly it is binding on all the parties to this suit.
- Payment to the Claimant is to commence in March, 2019.
- Parties are to bear their respective cost.
Judgment is accordingly entered
Hon. Justice O. O. Oyewumi
Presiding Judge
