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National Industrial Court

INNOCENT MADUABUCHI NJAKA & 4 Ors -VS- IMO STATE GOVERNMENT

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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE OWERRI JUDICIAL DIVISION

HOLDEN AT OWERRI

 

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

 

DATE: MONDAY 14th  MAY 2018           SUIT NO. NICN/OW/02/2016

 

 

BETWEEN:

  1. INNOCENT MADUABUCHI NJAKA                           
  2. ONYINYE OBIAJU
  3. NZENWA STEPHEN CHIKERE                               CLAIMANTS
  4. NDUBUISE CHIKA CHIZOBA
  5. EKWUEME UNOMA ADAEZE

 

                                                        

                                                      

AND

 

  1. IMO STATE GOVERNMENT
  2. GOVERNOR OF IMO STATE
  3. ATTORNEY-GENERAL IMO STATE            DEFENDANTS                    
  4. ACCOUNTANT GENERAL OF IMO

STATE

             

APPEARANCES:

  1. J. KAJI FOR THE CLAIMANTS.
  2. N.C. ERONINI (MRS.), SENIOR STATE COUNSEL, MINISTRY OF JUSTICE, IMO STATE FOR THE DEFENDANTS.

 

CONSENT JUDGMENT

INTRODUCTION

This suit was commenced by way complaint [termed ‘writ of summons’ by the claimants] dated 20th January 2016 and filed 9th February 2016. It was accompanied with a Statement of Facts [termed ‘Statement of Claim’ by the claimants]. The reliefs sought in the Statement of Facts are as listed hereunder:

  1. A declaration that the appointment of the claimants subsisted from 19th November 2013 till 24th November 2015. [sic]
  2. An Order of this Hon. Court Mandating the defendants jointly and severally to pay the claimants the sum of N8,000,000.00 (Eight Million Naira) only, representing the 8 months salary owed to the claimants by the defendants. [sic]
  3. An Order of this Hon Court mandating the defendants to pay jointly and severally to the claimant [sic] the sum of N10,000,000.00 (Ten Million Naira) only as general damages for the psychological trauma, pains and interest incurred from loans borrowed while the salary was owed. [sic]
  4. An order this Hon. Court mandating the defendants to refund the claimants the cost of this suit put at N1,000,000.00 (One Million Naira) only. [sic]

 

On the basis of the foregoing reliefs, the parties, having negotiated amicable settlement of the case, dully signed the Terms of Settlement dated the 19th day of April 2018 and filed in this Court on the 23rd April 2018. On the 10th day of May 2018, the case came up for report of settlement. On this date, J. KAJI, of counsel to the claimants informed the Court that the suit had been settled amicably and the Terms of Settlement filed. He urged the Court to allow them to adopt the Terms of Settlement. N.C. ERONINI (MRS.), SENIOR STATE COUNSEL, MINISTRY OF JUSTICE, IMO STATE, of counsel to the defendants, confirmed the position of the counsel to the claimants. Thereafter, the Court allowed the counsel to the parties to proceed to adopt the Terms of Settlement.

  1. KAJI, of counsel to the claimants adopted the Terms of Settlement. Thereafter, N.C. ERONINI (MRS.), of counsel to the defendants, adopted the Terms of Settlement. Thereafter, judgment on the Terms of Settlement was reserved till 14th May 2018.

I now move to reproduce the Terms of Settlement itself.

 

 

 

THE TERMS OF SETTLEMENT

The Terms of Settlement go as follows:

“WHEREAS:

  1. On the 20th day of January, 2016 the claimants commenced this action wherein they claimed against the Defendants as follows:
  2. A declaration that the appointment of the claimants subsisted from 19th November 2013 till 24th November 2015. [sic]
  3. An order of this Hon. Court mandating the defendants jointly and severally to pay the claimants the sum of N8,000,000.00 (Eight Million Naira) only.
  4. An Order of this Hon. Court mandating the defendants to pay jointly and severally to the claimants the sum of N10,000,000.00 (Ten Million Naira) only as general damages for the psychological trauma, pains and interest incurred from loans borrowed while the salary was owed. [sic]
  5. An order this Hon. Court mandating the defendants to refund the claimants the cost of this suit put at N1,000,000.00 (One Million Naira) only. [sic]

  1. That the defendants have approached the claimants and expressed their willingness and desire for the matter to be settled out of court.
  2. That the claimants out of their peaceful disposition have accepted for the matter to be settled out of court.
  3. That the parties have agreed that the terms of settlement will be reduced into writing and filed in court for the Honourable court [sic] to adopt same as its final judgment in this matter.

 

NOW THIS TERM [SIC] OF SETTLEMENT COVENANTS AS FOLLOWS:

In consideration of the above recitals and the need for parties to amicably settle this matter, the parties agree as follows:

  1. The claimants agree that the monthly salary/allowances [sic] owed them be liquidated in two installments of N4,000,000.00 (Four Million Naira) only each.
  2. It is hereby agreed by the parties that payment will commence from MAY 2018 until the final liquidation of the sum.
  3. The plaintiffs [sic] hereby abandon their claim of N10,000,000.00 (Ten Million Naira) only being general damages.
  4. The parties hereby undertake to bear their various costs of litigation [sic]

Dated this 19th day of April 2018 [sic]”

JUDGMENT OF THE COURT

 

In consideration of the above terms of settlement, dully signed by Onyinye Obiaju (for the claimants) in the presence of Barr. Kaji James, and M.O. Nlemedin, Esq. Hon. Attorney-General & Commissioner for Justice (for the defendants) in the presence of N.C. Eronini, Esq. and adopted before the Court in compliance with Order 42, Rules 1-7 & 9, and Order 47, Rule 9 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 reproduced hereinabove.

…………………………..

HON. JUSTICE O.O. AROWOSEGBE

Presiding JUDGE

OWERRI DIVISION

NATIONAL INDUSTRIAL COURT OF NIGERIA

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