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National Industrial Court

Mr Ezeh Kenneth Okwudili -VS- Onyemelukwe, Maduemem & Co & ors

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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE ENUGU JUDICIAL DIVISION

HOLDEN AT ENUGU

 

BEFORE HIS LORDSHIP: HON. JUSTICE O.O. AROWOSEGBE

 

DATE: MONDAY 4TH DECEMBER 2019             SUIT NO. NICN/EN/20/2018

 

 

BETWEEN:

 

  1. EZEH KENETH OKWUDILI CLAIMANT

                                                      

AND

 

  1. ONYEMELUKWE, MADUEMEM & CO.
  2. ONYEMELUKWE C.O.J                                                       DEFENDANTS         
  3. MADUEMEM ANTHONY C.                        

 

             

APPEARANCES:

  1. I.A. AKARAIWE WITH C.V. CHIJIOKE – FOR ALL THE DEFENDANTS.
  2. COUNSEL TO THE CLAIMANT ABSENT.

 

JUDGMENT

 

INTRODUCTION

This suit was commenced by Complaint dated 8th May 2018. The reliefs claimed in the Statement of Facts against the defendants are as reproduced hereunder:

  1. A DECLARATION that the claimant is entitled to the immediate release and payment of his full salary from the month of July, 2016 till the date of formal termination/disengagement of the claimant’s employment with the 1st defendant at the rate of #550,000.00 [sic] (five hundred and fifty thousand naira) per month.
  2. AN ORDER compelling the defendants to formally terminate/disengage the claimant’s employment with the 1st defendant in accordance with paragraph 3 of the claimant’s offer/letter of Appointment dated 30/6/2006.
  3. AN ORDER compelling the defendants to release forthwith and issue to the claimant, his Tax receipt covering the period of 1st July, 2006 till the formal termination/disengagement of the claimant’s employment with the 1st defendant.
  4. AN ORDER compelling the defendants to calculate and remit into the claimant’s Retirement Savings Account (RSA) with Fidelity Pension Managers Limited, the defendants’ counterpart contribution to pension from January, 2014 at the rate of 10% of the claimant’s gross emolument till formal termination/disengagement of the claimant’s employment.
  5. AN ORDER compelling the defendants to pay to the claimant his PARTNERSHIP share of the profit of 1st defendant from January, 2015 (when the claimant was elevated to the rank of a partner) till the formal disengagement/termination of the claimant’s employment with the 1st defendant.
  6. AN ORDER compelling the defendants to pay the claimant, his thirteenth (13th) month salary/bonus at the rate of 100% of the claimant’s monthly salary from 2016 till the formal disengagement/termination of the claimant’s employment with the 1st defendant.
  7. AN ORDER compelling the defendants to pay to the claimant #150,000.00 [sic] (one hundred and fifty thousand naira) only, being the claimant’s under paid 13th month salary for the year 2015.
  8. AN ORDER compelling the defendants to pay to the claimant the sum of #150,000.00 [sic] (one hundred and fifty thousand naira) only per month, being the unpaid balance of the claimant’s salary from the 1st day of January, 2015 to June, 2016, which amounts to #2,700,000.00 [sic] (two million seven hundred naira) only.
  9. AN ORDER compelling the defendants to remit into the claimant’s Retirement Savings Account with Fidelity Pension Manager Limited the sum of #330,000.00 (three hundred and thirty thousand naira) only being the underremittance [sic] of employer’s contribution to pension for the 2013 and 2014.
  10. #5,000,000.00 [sic] (five million naira) cost of litigation against the defendants jointly and severally.

On the basis of the foregoing reliefs, the parties, having negotiated amicable settlement of the case, dully signed the Terms of Settlement dated the 9th July 2018 and filed in this Court on the 8th November 2018. On 3rd April 2019, JANE U. OGBA-NDUKWE MRS, HOLDING THE BRIEF OF IKEAZOR AKARAIWE FOR THE DEFENDANTS informed the Court that parties have settled and filed Terms of Settlement. The Court adjourned the matter because the claimant was not available to confirm the settlement. On the 19th November 2019, the case came up eventually for adoption of the Terms of Settlement. On this date, I.A. AKARAIWE, WITH MRS. C.V. CHIJIOKE AND MRS. J.U. OGBA, of counsel to the defendants informed the Court that the suit had been settled amicably and the Terms of Settlement filed. The learned counsel urged the Court to allow them to adopt the Terms of Settlement. The Court granted the request. The learned counsel proceeded to adopt the Terms of Settlement dated 9th July 2018 and filed in this Court on 8th November 2018.

 The matter was thereafter adjourned for judgment on 3rd December 2019. It came up for judgment on 3rd December 2019, as adjourned but the judgment was not ready and it was adjourned to the next day, being 14/12/2019. While writing the judgment, the Court discovered that, the claimant and counsel were absent in Court on 19th November when the Terms of Settlement were adopted. This was brought to the attention of the learned counsel: C.V. CHIJIOKE, holding the brief of the I.A. AKARAIWE of counsel to the defendants; and the matter was thereafter stood down for the claimant to be brought to Court. The learned C.V. CHIJIOKE subsequently informed the Court of the arrival of the claimant; and the Court rose to chambers to print the judgment. The Court resumed sitting again after printing the judgment. The case was called again and the claimant announced his appearance in Court. The Court asked him if he was aware of the Terms of Settlement filed in this case and consented to them by appending his signature and he said yes. The judgment was accordingly amended before it was read to incorporate these new pieces of information. The next thing is for me to reproduce the Terms of Settlement. I reproduce the Terms of Settlement hereunder verbatim:

“IN THE MATTER OF EZEH KENETH O. VS. ONYEMELUKWE, MADUEMEM & CO + 2 OTHERS AT THE NATIONAL INDUSTRIAL COURT OF NIGERIA (NICN) ENUGU DIVISION

After the intervention of some well meaning Nigerians in the matter and after several meetings between the parties concerned, it was agreed that the matter should be withdrawn from the court and settled amicably between them.

In consideration or to give effect to this agreement, it was resolved as follows: –

  1. That the plaintiff, EZEH KENETH O. will drop all charges in the court against the defendants, ONYEMELUKWE, MADUMEM & CO. + 2 OTHERS.
  2. That the defendants, ONYEMELUKWE, MADUEMEM & CO. + 2 others shall issue to the plaintiff EZEH KENETH O. a letter of disengagement from services of the first defendant.
  3. That the plaintiff, EZEH KENETH O. shall withdraw a letter of petition to Fidelity Bank Plc on unauthorized printing and circulation of his bank statements.
  4. That the defendants ONYEMELUKWE, MADUEMEM & CO. + 2 others will withdraw the letter to Institute of Chartered Accountants of Nigeria (ICAN) on unprofessional conduct of the plaintiff.
  5. That the defendants ONYEMELUKWE, MADUEMEM & CO. + 2 others will write-off the plaintiff’s outstanding loan balance of N1,800,000 (One million eight hundred thousand naira) as at 30th June, 2016.
  6. That both parties should notify their respective Lawyers of this agreement and authorize them to withdraw the matter from court.

The agreement above is agreed and dated 9th July, 2018.”

The parties, in the presence of their witnesses duly signed the Terms of Settlement. MR. C.O.J. ONYEMELUKWE signed for the 1st defendant while the claimant signed personally. Mr. Paul Eyisi witnessed for the 1st defendant while Pastor Peter Oragwuncha witnessed for the claimant. Having done with the contents of the Terms of Settlement and their ratification let me proceed to the judgment of the Court on the terms as reproduced herein above.

COURT’S JUDGMENT

In consideration of the above Terms of Settlement, dully signed by parties, and the parties’ signatures duly attested by the respective witness to each party, and having been duly adopted before the Court in compliance with Order 42, Rules 1-7 & 9, and Order 47, Rule 10 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017; this Court, hereby enters judgment in this suit in accordance with the Terms of Settlement filed by the parties and earlier reproduced hereinabove.

The above is the final and binding judgment of this Court in this case. Judgment is entered accordingly under the hand of the presiding judge.

…………………………..

HON. JUSTICE OLUWAKAYODE O. AROWOSEGBE

Presiding JUDGE

ENUGU DIVISION

NATIONAL INDUSTRIAL COURT OF NIGERIA

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