MARYAM H. ATI -VS- THE GOVERNING COUNCIL FEDERAL

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA DIVISION

HOLDEN AT KADUNA

BEFORE HIS LORDSHIP: HON. JUSTICE LAWAL MANI, PhD.

DATE: 17^th January, 2018 SUIT NO: NICN/KD/18/2016

BETWEEN:

MARYAM H. ATI………………………………………………………………………CLAIMANT

AND

THE GOVERNING COUNCIL FEDERAL UNIVERSITY, DUTSINMA
PROF. HARUNA A. KAITA (VICE CHANCELLOR) DEFENDANTS
ALIYU DALHA KAKIA (REGISTRAR)

REPRESENTATIONS:

Fatima M. Kyari holding brief for S.I. Abdulaziz (Esq.) for the claimant

A.D. Umar (Esq.)

Moses E. Okwah (Esq.) ……………………………………….. for the defendants

Claimant’s Counsel present

Defendants’ Counsel present

CONSENT JUDGMENT

This Suit was filed in this Honourable Court by a GENERAL FORM OF COMPLAINT dated the 17^th day of November, 2016, where the claimant claimed against the defendant jointly and severally as follows:

TERMS OF SETTLEMENT

This Suit was instituted by the claimant on the 17^th day of November, 2016 at the National Industrial Court, Kaduna. The claimant’s claim is as follows:
a)A DECLARATION that the 2^nd Defendant acted ultravires and breach of the claimant’s right to fair hearing.
b)A DECLARATION that the termination of the claimant’s employment by the 2^nd Defendant was wrongful, illegal, null and void.
c)A DECLARATION that the claimant’s appointment and confirmation followed the due process of law.
d)A DECLARATION that the purported termination is ill-conceived and arbitration.
e)A DECLARATION that the claimant is entitled to receive all payments/allowances due to her pursuant to her status.
f)A DECLARATION that by virtue of the acts and actions of the Defendants the claimant’s employment is deemed regularized.
g)A DECLARATION that it is only the Governing Council that has the powers to determine the Claimant’s employment only after following the due process.
h)A DECLARATION that the 2^nd Defendant has no powers either by statute or delegated to determine the claimant’s employment.
i)AN ORDER that the Claimant’s shall be paid the sum of N186, 816. 50 (One Hundred and Eighty Six Thousand Eight Hundred and Sixteen Naira Fifty Kobo); only per month from the date of the termination of her employment to the final determination of this suit.
j)AN ORDER reinstating the claimant with all legal and duly entitled promotions and advances in accordance with the university’s rules and condition’s of service.
k)The sum of N100, 000. 000 as general damages for the hardship and embarrassment caused to the claimant.
l)The cost of the action as shall be assessed by this Honourable Court.
The Suit was first mentioned before his Lordship Hon. Justice Lawal Mani presiding Judge of the National Industrial Court of Nigeria sitting in the Kano Judicial Division, Kano on the 14^th day of December, 2016. Pleadings were relatively exchanged between parties. Following the Presiding Judge’s transfer to the Kaduna Judicial Division on the national Industrial Court, sitting resumed at Kaduna on the 5^th day of October, 2017. Subsequently, parties agreed to settle this matter amicably in the interest of Justice.

IT IS HEREBY AGREED AS FOLLOWS:

That the Claimant has been reinstated into the Federal University Dutsinma and the reinstatement nullifies any purported termination of employment and it is deemed that the claimant never left the service of the 1^st Defendant.
That the claimant by her years of service has effectively assumed all the necessary promotions and shall receive her emoluments reflecting the growth and upgrade.
That the claimant’s name shall be reinserted on the payroll by the Bursar of the 1^st Defendant effective 16^th June, 2017.
The years of service of the claimant are deemed to have commenced from the 21^st of July, 2014 and the claimant’s appointment is restored to the status quo.
The claimant’s years of service shall be used in consideration for the purpose of her advancement and promotion.
That consequent upon the reinstatement of the claimant, there shall not be any victimization and/or any further revisiting by investigative panels or committee of whatever name/style of the particular issues in this litigation without recourse to legal notices and statutes of the 1^st Defendant.
That these terms of settlement be deemed as the consent judgment of this Honourable Court.

COURT:

The terms of Settlement entered between the parties in Suit No. NICN/KD/18/2016 Signed by both the claimant and the 3^rd Respondent (on behalf of the Respondents) dated the 13^th day of December, 2017 and filed on the 10^th day of January, 2018 are hereby entered as consent judgment between the parties before this Honourable court.

This shall be the final judgment of this court in this matter.

Dated this 17^th day of January, 2018.

…………………………………………….

Hon. Justice Lawal Mani, PhD.