IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE KADUNA JUDICIAL DIVISION
HOLDEN AT KADUNA
BEFORE HIS LORDSHIP: HON. JUSTICE E.D.E. ISELE – PRESIDING JUDGE
DATE: 13TH JUNE, 2018
SUIT NO: NICN/KD/21/2016
BETWEEN:
IORFA TERUNGWA……………………………………………….. CLAIMANT
AND
- FEDERAL UNIVERSITY DUTSINMA (FUDMA)
- THE COUNCIL, FUDMA
- THE VICE CHANCELLOR, FUDMA
- THE REGISTRAR, FUDMA
- PROF. HARUNA KAITA
- ALH. ALIYU DALHA KANKIA…………………………………………DEFENDANTS
REPRESENTATIONS:
Timothy T. Kyuga holding the brief of A.A. Akume for the Claimant
H.B. Akut holding the brief of A.D. Umar for the Defendants
CONSENT JUDGMENT
This suit was filed in this Honourable Court by a Complaint dated 19th December, 2016 and filed on the same date where the Claimant’s claim is for:
- A DECLARATION that the termination of Claimant appointment with 2nd defendant is null and void having been done by the Vice-Chancellor and Registrar of 2nd Defendant who have no such powers and whose appointments are respectively void ab initio.
- A DECLARATION that the letter FUDMA/REG/PS.714/1 of 6th September, 2016 which purports to terminate Claimant’s appointment with 2nd Defendant is defective, null and void not having been issued after or concurrently with one month’s salary in lieu.
- A DECLARATION that the termination of Claimant’s appointment without a fair hearing violates his Right to fair hearing as guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 as amended and 2nd Defendant enabling law and scheme and condition of service as approved by Council of 2nd defendant.
- A DECLARATION that Prof. Haruna Kaita and Aliyu Dalha Kankia’s appointments as Vice-Chancellor and Registrar respectively of 2nd Defendant is void ab initio same being contrary to extant laws.
- A DECLARATION that 3rd Defendant having ratified all full time temporary appointments and subsequently regularized same in the meeting of 27/5/2015 and 21/1/2016 respectively, only 3rd Defendants could terminate such appointments with good cause being Senior Staff Appointments.
- A DECLARATION that 4th & 5th Defendants lacked the powers to unilaterally terminate senior staff appointments and proceed to advertise the appointments as vacant.
- A DECLARATION that the Federal Character Commission has failed in its duty to restrain the Principal officers of 2nd Defendants for advertising Jobs in 2nd Defendant contrary extant laws requiring prior approval from the Federal Character Commission.
- AN ORDER setting aside the letter terminating Claimant’s appointment with 2nd Defendant dated 6th September 2016 and instead re-instating Claimant back to his job as Assistant Librarian with effect from 29th September, 2016 with all arrears of salaries, allowances, promotions, annual increments and other entitlements as prescribed by 2nd Defendant Scheme and Condition of Service.
- AN ORDER of Mandatory Injunction compelling the Federal Character Commission to order a reversal of the advert placed by 2nd Defendant to employ staff to replace Claimant as a Lecturer in 2nd Defendant along with over 100 others.
- AN ORDER of Perpetual Injunction restraining 2nd to 7th Defendants from going ahead to conduct the planned recruitment of staff to replace those unjustly sacked including Claimant pending the determination of this present suit.
- AN ORDER of Perpetual Injunction restraining 4th, 5th, 6th & 7th Defendants from participating in the planned recruitment of staff for 2nd Defendant to replace those unjustly sacked including Claimant, pending the determination of this present suit as it relates to the legality of 4th to 7th Defendants’ appointments and their legal capacity to function in those offices.
IN THE ALTERNATIVE TO PRAYER 2
AN ORDER compelling 3rd Defendant to pay the Claimant one month’s salary in lieu of notice.
- AN ORDER compelling the Defendants jointly and severally to pay the Claimant the cost of this action including his solicitors fees in the sum of one million naira only.
The parties to the suit filed their Terms of Settlement on the 27th day of February, 2018 and agreeing as follows:
- The Claimant be re-instated as Assistant Librarian in the University Library of Federal University Dutsin-Ma on a salary of CONUASS II 1/4 (N1, 384, 811.00) Provisional Appointment.
- The re-instatement is predicated on the following mutually agreed terms:
- Claimant’s years of service is deemed to have commenced with effect from the date he assumed duty under three years Full-Time temporary appointment, i.e 29th October, 2014.
- Claimant’s promotion and confirmation of appointment would reckon with his years of service as described in item (i) above.
iii. Claimant will serve a bond of one and a half years with effect from the date he concludes his study programme.
- Consequent upon this reinstatement, there shall not be any victimization and or any further revisiting by investigative panels or committees of whatsoever name or style of the particular issues the subject of this letter without recourse to legal notices and statutes of the University.
COURT:
The Terms of Settlement filed on the 27th of February, 2018 between the Claimant and the Registrar as representing all the Defendants is hereby entered as the Courts’ Consent Judgment and is entered accordingly.
…………………………………….
Hon. Justice E.D.E. ISELE
Presiding Judge.
