IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE OWERRI JUDICIAL DIVISION
HOLDEN AT OWERRI
BEFORE HIS LORDSHIP: HON. JUSTICE 1. S. GALADIMA
DATE: TUESDAY 2ND APRIL, 2019
SUIT NO. NICN/OW/63/2014
BETWEEN:
WILFRED A. C. UWAKWE
CLAIMANT
AND
GOVERNOR OF IMO STATE
ATTORNEY-GENERAL & COMMISSIONER FOR JUSTICE OF IMO STATE
IMO STATE UNIVERSITY
VICE CHANCELLOR, IMO STATE UNIVERSITY
(PROF. UKACHUKWU AWUZIE)
THE COUNCIL OF IMO STATE UNIVERSITY
THE REGISTRAR IMO STATE UNIVERSITY (BARR. IFEANYI ANICHE)
DEFENDANTS
APPEARANCES:
A. U OKEKE FOR THE CLAIMANT.
I.I. AMADI, M. OGBU FOR THE 1ST AND 2ND DEFENDANTS
CONSENT JUDGMENT:
INTRODUCTION:
This suit was commenced by compliant dated 15th June 2014 and filed on 15th August 2014. The complaint was accompanied with Statement of Facts, witness statement on oath, list of witness and list of documents to be relied upon during trial. In the said Statement of Facts claimant claimed against the Defendants jointly and severally as reproduced hereunder:
A Declaration by the Honourable Court that the defendants cannot renege from their agreement with the Claimant as contained in the letter dated the 21st day of December 2011 the defendants having by their act(s) and conduct caused the claimant to believe in a state of affairs created by the said agreement to it: that he (the Claimant) having discontinued his action in suit No. HOW/491/2010: Wilfred A.C Uwakwe Vs “The Council”, even Enwerem University & Ano, filed against the Defendants in the High Court of Imo State, had been reinstated to his position as Director for Budget, Planning and Financial control of the 3rd Defendant University.
A Declaration by the Honourable Court that the purported compulsory retirement of the Claimant from his employment as Director for Budget Planning and Financial control of the 3rd Defendant University, as contained in the purported letter of compulsory retirement of the claimant from his employment aforesaid, which letter is dated the 8th day of October, 2012 and signed by the 6th Defendant (Barr. Ifeanyi G Aniche) Registrar of Imo State University, is unlawful illegal, irresponsible of the defendants, void and in utter violation of the statute(s) and regulation(s) guiding the claimant’s contract of employment with the 3rd defendant University.
A Declaration by the Honourable court that the purported compulsory retirement of the claimant from his employment as contained in the purported letter of compulsory retirement dated the 8th day of October, 2012 and signed by the 6th defendant (Barr. Ifeanyi G Aniche) Registrar of the 3rd Defendant University, is unlawful, illegal, irresponsible of the defendants void and in utter violation of the claimant’s constitution right to fair hearing, the claimant having been compulsorily retired from his employment in the 3rd defendant without giving him an opportunity to be heard.
A declaration by the Honourable Court that the claimant’s employment as Director for Budget Planning and Financial control of the 3rd defendant University is subsisting.
An Order of the Honourable Court setting aside the purported compulsory retirement of the claimant from his employment, contained in the purported letter of compulsory retirement of the claimant from his employment, which letter is dated the 8th day of October 2012 and signed by the 6th defendant (Barr. Ifeanyi G. Aniche) Registrar of the 3rd defendant University.
An Order of the Honourable Court compelling the defendants to re-instate the Claimant forthwith to his position as Director for Budget, Planning and financial control of the 3rd defendant university.
An Order of Honourable Court compelling the defendants to pay to the Claimant all outstanding wages, salaries, allowances and other emoluments accruing to the Claimant from the month of June 2009 until the determination of the suit.
An Order of injunction restraining the Defendants from further removing and/or compulsory retiring the Claimant from his employment as Director of Budget, Planning and Financial control of the 3rd Defendant university, and/or dealing, and/or interfering with the Claimant’s employment as Director for Budget, Planning and Financial Control of the 3rd Defendant University in any manner inconsistent with the statute(s) and other conditions of service regulating the Claimant’s employment with the said 3rd defendant university.
TERMS OF SETTLEMENT
Consequent upon the decision of the parties in this suit to settle this matter out of Court, it is agreed as follows that: –
The claimant is hereby reinstated to his position as Director of Budget planning and Financial Control or any other office of the 3rd defendant as it finds expedient.
The claimant shall formally retire from the service of the 3rd defendant within six (6) months of his reinstatement.
The 3rd defendant shall pay to the claimant all his outstanding wages, salaries, allowances and other emoluments due to him from the date of disengagement until the date of this judgment, especially his end of tenure entitlement as a bursar owed to the claimant by the 3rd defendant within six months of his (the claimant’s) retirement from service.
JUDGMENT OF THE COURT
In consideration of the above terms of settlement, jointly signed by the Deputy Director Civil Litigation Ministry of Justice Imo State (I. I Amadi Mrs.) and Deputy Registrar in Legal Imo State University (T. Ifeanyi Igwe Esq.) for the defendants and W.A.C Uwakwe, the claimant himself and claimant counsel (Nath Epelle Esq.) moved the Court to adopt the terms of settlement, this I think satisfied the requirement of Order 42, Rule 9 of the NICN Rules.
These terms of settlement duly executed by the parties dated 29th March, 2019 and filed the same day and adopted in court by their respective counsel is hereby entered as the Judgment of this Court.
………………………………………………….
HON. JUSTICE I. S GALADIMA
Presiding Judge
OWERRI DIVISION
NATIONAL INDUSTRIAL COURT OF NIGERIA
