IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
HOLDEN AT MAKURDI
IN THE MAKURDI JUDICIAL DIVISION
BEFORE HIS LORDSHIP, HON. JUSTICE S.H. DANJIDDA
ON THE 5TH DAY OF APRIL, 2019 SUIT NO: NICN/MKD/64/2018
BETWEEN:
BIGILA I. PHILIP……………………………………………………………….CLAIMANT
AND
1. BENUE STATE LOCAL GOVERNMENT
PENSION BOARD
2. BUREAU OF LOCAL GOVERNMENT
& CHIEFTAINCY AFFAIRS
3 GOVERNMENT OF BENUE STATE OF NIGERIA
4. THE ATTORNEY GENERAL OF BENUE STATE …………………..DEFENDANTS
REPRESENTATION:
A.C. Attah for the Claimant
M.M. Uparegh for the Defendants.
JUDGMENT
For the court’s determination is the Claimant’s Motion for summary judgment dated 12/10/2018 but filed on 15/10/2018. The application prays this Honourable Court for the following reliefs:
“1. An order entering summary judgment for the claimant/applicant against the defendants/respondents as per the attached statement of claim.
2. Any further order(s) the Honourable Court may deem fit to make in the circumstances of this case.”
In support of the application is a 21-Paragraph affidavit with 1 Exhibit attached as Exhibit FT 1. Claimant’s counsel also supported the application with a written address. Through the Written Address, Counsel submitted an issue for determination by the court, to wit:
“whether in the circumstances of this case the claimant/applicant is entitled to summary judgment for the claim before of (sic) this Honourable Court.”
Arguing the issue, counsel cited and relied on Order 16 (1) and 16(5) (2) of the National Industrial Court (Civil Procedure) Rules 2017 while urging the court to enter summary judgment for the Claimant because the Defendants have no Defence to the Claim.
Counsel also placed reliance on the cases of BILWADAMS CONSTRUCTION CO. (NIG) LTD. V. DRAGOMIR (2002) FWLR (PT. 109)1557 – 1769 PG. 1630 @ 1635; FEDERAL MORTGAGE FINANCE LTD. V. RIVERS STATE POLYTECHNIC, BORI (2005) ALL FWLR (PT. 260) P. 119 @122 and submitted that the claim against the defendants is liquidated money demand.
Looking at the substantive claim as initiated through the complaint dated 15/10/2018 which was filed on the same date, the claimant’s claims appears thus:
“a. AN ORDER directing the defendants to pay the claimant the sum of N4,816,044.00 (Four Million, Eight Hundred and Sixteen Thousand, Forty Four Naira) only as gratuity.
b. AN ORDER directing the defendants to pay the claimant his arrears of monthly pension in the sum of N107,232.00 (One Hundred and Seven Thousand, Two Hundred and Thirty Two Naira) only monthly from 1st January, 2017 to date of judgment.
c. The sum of N10,000,000.00 (Ten Million Naira) only as general damages.
d. Interest of 10% per annum on the total sum of the claimant’s gratuity and yearly pension from 1/1/2017 to date of judgment.
e. Post judgment interest of 10% per annum on the total judgment sum from the date of judgment until it is fully liquidated.”
The facts of the Claimant’s case are that he voluntarily retired from the service of the local government on 1st January 2017 as chief store office on Grade Level 14 after having put in 35 years of meritorious service. That his retirement benefits were calculated and his gratuity and pension are computed as N4,816,044.00 and N1,284,278.40 respectively. That going by the computation, the Claimant’s monthly pension is N107, 232.00 (One Hundred And Seven Thousand, Two Hundred and Thirty Two Naira) only.
The Claimant averred that despite the computation and series of demands issued on the Defendants for the sums, the Defendants have refused and/or neglected to pay the claimant’s gratuity and monthly pension.
The Claimant pleaded and relied on the following documents to support his claim:
¡. Claimant solicitor’s letter to the 1st Defendant dated 23/08/2018.
¡¡. Resubmission of the retirement benefits in respect of the claimant dated 16/01/2018.
¡¡¡. Letter of approval of retirement from service dated 28/06/2017.
iv. Life pensioners certificate of the claimant.
v. Offer of promotion to the post of chief store officer dated 28/06/2017.
v¡. Letter of appointment.
vii. File No. B/S335.
It is an established principle of law that the summary judgment procedure rules are deliberately designed to allow for quick dispensation of justice to avoid unnecessary clogging of the legal system with proceedings which could otherwise be easily and expeditiously disposed of.
A cursory perusal of Order 16 of the Rules of this court readily reveals the duties imposed on each of the parties and indeed the Court when dealing with matters placed under the summary judgment procedure. It is succinctly provided in Order 16 thus:
“1. Where a Claimant believes that there is no defence to the claim, an application for summary judgment supported by an affidavit stating the grounds for the belief shall be filed along with the originating process. The application shall be accompanied with the statement of facts, any exhibits and a written brief.
2. A Claimant shall deliver to the Registrar as many copies of all the processes and documents referred to in rule 1 of this order as there are Defendants or Respondents.
3. Service of all processes and documents referred to in rule 1of this order shall be effected in the manner provided for under these rules.
4. Where a party served with the processes and documents referred to in rule 1 of this order intends to defend the action such a party shall, not later than the time prescribed for the filing of defence, file:
(a) A statement of defence;
(b) Documents to be used in defence;
(c) A counter –affidavit and a written brief in reply to the application for summary judgment; and
(d) written statement on oath of all witnesses listed to be called by the defendant other than witnesses to be subpoenaed.
5. (1) Where it appears to the court that a party has a good defence and ought to be permitted to defend the claim such party may be granted leave to defend.
(2) Where it appears to the court that a party does not have a good defence the court may thereupon enter judgment for the Claimant.”
It follows from the above that the Claimant has satisfied the requirement of order 16 above by providing sufficient facts through his affidavit evidence and his pleadings as well as the relevant documentary Exhibits that the Defendants have no defence to the claims made against them. Then upon service, the Defendant who believes that he has a good defence to the claim of the Claimant is to file his pleadings together with his counter affidavit and documentary Exhibits if any, joining issues with the Claimant and disclosing facts amounting to defence on the merit or raising triable issue. However the Defendants have not bothered at all to feature for the purpose of defending the suit.
A case should not be transferred to the general cause list for hearing just for the mere fun of it but for the essence of doing any real justice to the parties. See Mat Holding Ltd V. UBA Plc. (2003) 2 NWLR (Pt. 803) 71 @ p. 90. See also J.O.E Co. Ltd V. Skye Bank Plc (2009) 6 NWLR (Pt. 1138) 2 P. 518.
It is trite that a summary Judgment is usually not preceded by a trial, it is given on the merits without a plenary trial of the action. Nwadialo, the author of Civil Procedure in Nigeria (2nd Edition), explained in the text: that the reason for this is because a summary Judgment is based on want of defence to the Claimant’s claim by the Defendant, and a full trial of the action cannot alter this situation.
Relatively speaking, the case of the Claimant is fairly precise. The Defendants have no defence to this case. Either that or they simply cannot be bothered to defend even at this crucial stage in the matter when they are required to show that there exists a defence on the merit to the claim. Nothing has been forthcoming from the Defendants by way of a Defence.
I therefore have no difficulty in coming to the conclusion that there is nothing by way of a defence appearing on the horizon to distract this court from summarily determining this case.
In the circumstances, it is ordered as follows:
1. The defendants shall pay to the claimant the sum of N4,816,044.00 (Four Million, Eight Hundred and Sixteen Thousand, Forty Four Naira) only as gratuity.
2. The defendants shall pay to the claimant his arrears of monthly pension in the sum of N107,232.00 (One Hundred and Seven Thousand, Two Hundred and Thirty Two Naira) only monthly from 1st January, 2017 to the date of this judgment.
3. The gratuity and pension respectively shall attract post judgment interest at 10% per annum until the judgment debt is finally liquidated.
I make no order as to damages. The damages claimed fall into the class of damages that should be proved. The Claimant has failed to prove loss or damages under the head of general damages.
Judgment is entered accordingly.
HON. JUSTICE S. H. DANJIDDA
(Presiding Judge)
