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NWOKE CHIMA UDEKA VS THE ABIA STATE JUDICIA SERVICE

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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 11TH JUNE 2018      

      

SUIT NO. NICN/OW/28/2017

 

 

BETWEEN:

NWOKE CHIMA UDEKA

 

CLAIMANT

                                                      

AND

 

  1. THE ABIA STATE JUDICIA SERVICE

COMMISSION

  1. THE ATTORNEY GENERAL OF ABIA                 

STATE

  1. ABIA STATE GOVERNMENT     

                  

DEFENDANTS             

APPEARANCES:

  1. I.C. ACHARA FOR THE CLAIMANT.
  2. J.C. IKEDIEZE [SENIOR STATE COUNSEL, ABIA STATE] FOR THE DEFENDANTS.

 

CONSENT JUDGMENT

 

INTRODUCTION

This suit was commenced by way General Form of Complaint dated 9th May 2017 and filed 11th May 2017. The General Form of Complaint was accompanied with Statement of Facts dated 20th April 2017. The reliefs claimed in the Statement of Facts against the defendants jointly and severally are as reproduced hereunder:

  1. a)A DECLARATION that the dismissal or purported dismissal of the Claimant by the Defendants from the Abia State Judicial Service vide “NOTICE OF DISMISSAL” dated 10/3/2017 is unlawful, ultra vires, null and void, devoid of fair hearing and of no effect whatsoever. [sic]
  2. b)A DECLARATION that the claimant is still in the service of the 3rd defendant and is entitled to his full remuneration, bonuses and allowances from the date of the purported dismissal [sic]
  3. c)AN ORDER that the Claimant be reinstated immediately into the Abia State Judicial Service without any loss of position, rank and benefits. [sic]
  4. d)AN ORDER mandating the Defendants to pay to the Claimant his full remunerations, entitlements, allowances and all benefits accruing from the purported date of dismissal until the Claimant is fully reinstated and pay-rolled accordingly [sic]
  5. e)The sum of N750,000.00 (Seven Hundred and Fifty Thousand Naira] as cost of this suit. [sic]

On the basis of the foregoing reliefs, the parties, having negotiated amicable settlement of the case, dully signed the “Terms of Settlement” dated 30th day of April 2018. This Terms of Settlement was filed in this Court on the 3rd May 2018. On the 5th day of June 2018, the case came up for adoption of the said Terms of Settlement. On this date, J.C. IKEDIEZE, SENIOR STATE COUNSEL, ABIA STATE, of counsel to the defendants informed the Court that the suit had been settled amicably and the Terms of Settlement filed. I.C. ACHARA, of counsel to the claimant, confirmed that the suit had been settled and the Terms of Settlement filed accordingly. I.C. ACHARA sought the leave of the Court for counsel to the parties to adopt the Terms of Settlement. Leave was granted accordingly. Thereafter, the Court allowed the counsel to the parties to proceed to adopt the Terms of Settlement; and they did so respectively. Both counsel urged the Court to pronounce judgment on the Terms of Settlement filed.

Thereafter, judgment on the Terms of Settlement was reserved till 11th June 2018. Having given a brief history of the case to the point of adoption of the Terms of Settlement, let move to the Terms of Settlement itself.

THE TERMS OF SETTLEMENT

I hereby hereunder reproduce the Terms of Settlement verbatim:

“TERMS OF SETTLEMENT

‘WHEREAS the claimant sued the defendants on 9th May, 2017 claiming the following reliefs:

(a)  A DECLARATION that the dismissal or purported dismissal of the Claimant by the Defendants from the Abia State Judicial Service vide “NOTICE OF DISMISSAL” dated 10/3/2017 is unlawful, ultra vires, null and void, devoid of fair hearing and of no effect whatsoever. [sic]

(b) A DECLARATION that the claimant is still in the service of the 3rd defendant and is entitled to his full remuneration, bonuses and allowances from the date of the purported dismissal. [sic]

(c)  AN ORDER that the Claimant be reinstated immediately into the Abia State Judicial Service without any loss of position, rank and benefits. [sic]

(d) AN ORDER mandating the Defendants to pay to the Claimant his full remunerations, entitlements, allowances and all benefits accruing from the purported date of dismissal until the Claimant is fully reinstated and pay-rolled accordingly. [sic]

(e)  The sum of N750,000.00 (Seven Hundred and Fifty Thousand Naira] as cost of this suit. [sic]

‘AND WHEREAS that parties saw it fit and proper to settle the dispute out of court, in the terms set out hereafter.

  1. That the defendants have offered to reinstate the claimant into the Abia State Judicial Service Commission without any loss of rank or position, which the claimant has accepted.
  2. That the claimant shall receive 50% of his monthly salary of N178,863.25 (One hundred and seventy eight thousand, eight hundred and sixty three naira, twenty-five kobo) for the period from March, 2017 to December, 2017 which amounts to N894,316.25 (Eight hundred and ninety-four thousand, three hundred and sixteen naira, twenty-five kobo only).
  3. That the claimant shall receive 50% of his monthly salary of N180,630.25 (One hundred and eighty thousand, six hundred and thirty naira, twenty-five kobo) for the period from January, 2018 to April, 2018 which amounts to N361,262.50 (Three hundred and sixty one thousand, two hundred and sixty-two naira, fifty kobo only).
  4. That the claimant shall be reinstated into the Abia State Judicial Service Commission with effect from 2nd May, 2018.
  5. That the said reinstatement, once given effect by a letter of reinstatement from the Abia State Judicial Service Commission, shall settle all obligations of the defendants to the claimant in this suit.
  6. That the above understanding and terms of settlement shall be the judgment of the court in this suit, while parties shall bear their respective costs.

‘WHEREOF the parties have voluntarily consented and signed these terms of settlement.

Dated the 30th day of April, 2018.”

JUDGMENT OF THE COURT

In consideration of the above terms of settlement, dully signed by parties and their counsel as follows: – CLAIMANT: Nwoke Chima Udeka in the PRESENCE OF – D.O. Chimbou Esq; On behalf of the DEFENDANTS: Chief Umeh Kalu, SAN in the PRESENCE OF – P.U. Ogunbunka, Esq; COUNSEL TO THE CLAIMANT: I.C. Achara, Esq.; COUNSEL TO THE DEFENDANTS: J.C. Ikedieze Esq., Senior State Counsel, Abia State; 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 consent 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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