IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO
Before His Lordship:-
HON. JUSTICE E.D. E ISELE
JUDGE
DATE: 6th JUNE, 2018
NICN/KN/20/2017
BETWEEN
- MUHAMMAD MAMMAN
CLAIMANT
AND
NATIONAL UNION OF BANKS, INSURANCE, FINANCIAL INSTITUTIONS EMPLOYEES (NUBIFIE)
DEFENDANT
REPRESENTATION: Parties Absent.
Yahaya Abdullahi, Esq. for the Claimant.
Defendant unrepresented.
JUDGMENT
This case first came up before this court on the 17th May, 2017 prior to that date the Claimant had filed a motion ex-parte on the 19th April, 2017 seeking for and Order of the court granting leave to serve the Defendants in Lagos the originating processes and all other processes in this suit. Now, the Claimant earlier filed a writ dated the 22nd March, 2017. In that writ the claims endorsed thereon were:
- A Declaration of court that the Defendant’s non-payment of the sum of N 2, 431, 170. 24 being the Claimant’s retirement benefit balance for 19 years’ service as the Defendant’s General Secretary of the Defendant’s Union amounts to an abuse of the Claimant’s constitutional rights to retirement benefit (gratuity) being a contravention of Section 173 (2) of the 1999 Constitution as amended.
- A Declaration that the Defendant’s refusal/neglect to pay the sum of N 2, 431, 170. 24 being the Claimant’s retirement benefit balance for 19 years’ service as the General Secretary of the Defendant’s Union without any reasonable cause or excuse is illegal and in contravention of the Claimant’s constitutional rights and abuse of collective agreements between the parties.
- An Order of court entering summary judgment in this suit in favour of the Claimant on the claims as contained in this suit.
- An Order of court directing the Defendant to pay to the Claimant the sum of N 2, 431, 170. 24 being the Claimant’s accrued retirement benefit balance for 19 years’ service as General Secretary of the Defendant’s’ Union.
- An Order of court directing the Defendant to pay the Claimant’s incremental arrears for 2003/2004.
- An Order of court directing the Defendant to pay the Claimant special damages of N 1, 500, 000 for abuse of the constitutional rights to gratuity from the accrued period of 2005 up till date.
- An Order of court directing the Defendant to pay the Claimant N 350, 000.00 being the cost of the litigation.
Equally filed along with the motion ex-parte on the said 19/4/2017 was the Motion on Notice brought pursuant to Order 16 Rule 1 of the National Industrial Court Civil Procedure Rules 2017 and under the court’s inherent jurisdiction wherein they seek summary judgment for the same claims and liquidated amounts as contained in the writ of complaint. The grounds upon which the application was brought are:
- The Defendant is a registered Trade Union Organisation under Nigerian Laws with Registered Office at No. 1 Owosun Street Sabo Iwaya Lagos.
- The Claimant is a retired General Secretary of the Defendants Trade Union who served the Defendant for a meritorious period of 19 years
- The Defendant competed the Claimant’s retirement benefit balance to be the sum of N 2, 431, 170. 24 in the letter dated 1/03/2006 with reference No. NUB/GS/ACA/MEO/306.
- That eleven years after the Claimant’s retirement, the Defendant deliberately refused to pay the Claimants retirement benefit aforesaid despite several demand letters.
- That the Defendant unlawfully withheld the Claimant’s retirement benefit which amounts to abuse of constitutional rights.
- The Defendant (sic) accessioned untold hardships to the Claimant and members of the Claimant’s family.
- That it is the legal duty of the Defendant to pay the retirement benefit balance of the Claimant being the sum of N 2, 431, 170. 24 with arrears of increment for 2003/2004.
In the affidavit in support of the motion for summary judgment, the Claimant as Deponent avers that as a retired General Secretary of the Defendant’s Union he was employed by the Defendant on the 20/4/1987 as state Secretary of the Union by the annexure marked A, a letter dated 20/4/87. And during his service to the Union, he became Defendant’s General Secretary in the Defendant’s National Secretariat in Lagos. And after completion of 19 years of service he voluntarily retired by the annexure marked A1, dated 02/10/2005 which letter was acknowledged by the Defendant’s letter dated 15/02/2006 annexed as exhibit A2.
He averred that Defendant’s National Secretariat computed his retirement benefit to be the sum of N 981, 170. 24 in their letter with reference number NUB/GS/ACA/MEO/306 dated 17/03/2006 annexed as exhibit A3.
He averred that the Defendant made part payment in 2010 of the sum of N 250. 000 out of his benefit of 2, 981. 170. 24 leaving a balance of N2,731,170. 24. And another sum of N 150. 000 part payment was made by the Defendant on 22/11/2014 leaving a balance of N 2, 581, 170. 24 and that the Defendant made the 3rd part payment of N 100, 000 to the Claimant leaving a balance of N2,481,170. 24 and fourth payment of N 50, 000 was made on 16/02/2016 leaving a balance of N 2, 431, 170, 24.
That the total part payment made by the Defendant is N600, 000 leaving a balance of N 2, 481,170. 24. And the Defendant deliberately refuses or neglects, to pay the aforesaid retirement benefit since 17/03/2006 despite several oral and written demands to the Defendants. One of those demand letters for payment of his retirement benefit was annexed as exhibit A4 dated 2/6/2015.
He also averred that the Defendant refused to pay his incremental arrears for 2003/2004. He also averred that through his solicitors he wrote a demand letter dated 31st January, 2017 to the Defendant demanding for payment of the Claimants retirements benefits annexed as exhibit A5 which was copied to the Ministry of Labour and Productivity whose reply was annexed as exhibit A6.
On the 11th of April, 2018 the case came up for hearing and the court having been satisfied with the service of the Defendant of the hearing notice for the hearing of the motion for judgment; the Claimant through Counsel moved the motion and the matter was adjourned to today for judgment.
In the affidavit in support of the motion the Claimant had averred that the Defendants did not have a defence to the action. And in the written address in support of the Application for summary judgment a single issue was formulated for determination:
“Whether the Claimant has complied with Order 16 Rule 1 of the National Industrial Court 2017 for summary judgment against the Defendant.”
I have read all the processes filed by the Claimant/Applicant in his bid to have the court enter summary judgment in his favour against the Defendant.
Order 16 Rule 1 of the NICN Civil Procedure Rules of 2017 provides:
“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.”
I have satisfied myself of the merit in the Claimant’s application. I aligned myself with the decision of the court in the case of POPOOLA V. A.G. KWARA STATE (2011) ALL FWLR (pt. 604), 180 Ratio 7 per Denton West JCA. Where the court held that:
“It is wicked and inhuman for a retiree to be denied his pensions and gratuity.”
Summary judgment is hereby entered in favour of the Claimant in the 1st, 2nd, 3rd and 4th heads of claim and the Defendant is hereby ordered to pay the Claimant the sum of N 2, 431, 170. 24 being the Claimants accrued retirement benefit balance for 19 years as General Secretary of the Defendant’s Union.
By the above, the Defendant is hereby ordered to pay the Claimant’s incremental arrears for 2003/2004. The 5th and 6th heads of claim are refused the Claimant having not proved them.
Cost of N 100, 000 (One Hundred Thousand Naira) is hereby awarded against the Defendant.
The cost and liquidated sum claimed by the Claimant are to be paid within 14 days of this judgment.
Judgment is entered accordingly.
__________________________
HON. JUSTICE E. D. E. ISELE
JUDGE
