IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE OWERRI JUDICIAL DIVISION
HOLDEN AT OWERRI
BEFORE HIS LORDSHIP: HON. JUSTICE1. S. GALADIMA
DATE: TUESDAY 12TH FEB. 2019 SUIT NO.NICN/OW/16/2018
BETWEEN:
VIVIAN VIC MMERENINI NJOKU …………………………CLAIMANT
AND
- JUDICIAL SERVICE COMMISSION IMO STATE
- ATTORNEY-GENERAL OF IMO STATE
- SECRETARY TO THE STATE GOVERNMENT, DEFENDANTS
IMO STATE
- THE CHIEF REGISTRAR (HIGH COURT) IMO STATE
JUDICIARY
APPEARANCES:
- O.I ONYEOYIOBE, ESQ FOR THE CLAIMANT.
- MILETUS O. NLEMEDIM, ESQ. FOR THE DEFENDANTS
CONSENT JUDGMENT:
INTRODUCTION
This suit was commenced by a general form of Complaint and accompanied with an application for perpetual injunction dated the 16th April, 2018 and filed by the Claimant’s Counsel. The Claimant sought the following reliefs against the Defendants jointly and severally as follows:-
- A declaration that the retirement date of the Claimant from the service of the Imo State Judiciary as Chief Magistrate (Grade 1) is 29-4-2020.
- A declaration that the letter dated 9th April, 2018 titled “NOTICE OF RETIREMENT” served on the Claimant on the same date is illegal, null and void and of no effect whatsoever.
- An Order directing the Defendantsto correct their records to reflect the retirement date of the Claimant from the service of the Imo State Judiciary as Chief Magistrate (Grade 1) to read 29-4-2020.
- An order of injunction restraining the Defendants, their servants and agents from giving any effect to or implementing the letter of NOTICE OF RETIREMENT dated 9th April, 2018 and served on the Claimant on the same date.
- Punitive damages in the sum of N50,000,000.00 (Fifty Million Naira) jointly and severally against the Defendants.
On the 30th of November, 2018 Counsel to the parties finally settled pursuant to which they filed a brief of settlement and consequently applied for adoption of the terms as consent judgment. The same was duly executed and signed by the Attorney General of Imo State (Barr. Miletus O. Nlemedim, the Claimant (Vivian V. M Njoku Esq.) in the presence of N.M Obioha Esq. and I. O Onyeoyibo Esq. (Counsel to the Claimant and the Defendants respectively).
This Court wasurged to enter consent judgment accordingly based on the reproduced terms of settlement below.
TERMS OF SETTLEMENT:
I hereby hereunder reproduce the Terms of Settlement verbatim.
“Terms of Settlement”
WHEREAS the Claimant prayed this Honourable Court for 5 (five) orders against the Defendants.
WHEREAS by a letter reg. number SGI/S.1162/424 dated 5th June, 2018 which emanated from the 3rdDefendant and hereto annexed as exhibit “A” the Claimant’s claims in 2 and 4, seeking an order declaring the letter dated 9th April, 2018 titled ‘NOTICE OF RETIREMENT” served on the Claimant on the same date illegal, null and void and of no effect; and further order of injunction restraining the Defendants, their servants and agents from giving any effect to or implementing the letter NOTICE OF RETIREMENT dated 9th April, 2018 and served on the Claimant on the same date; are no longer being contested and therefore do no subsist any more.
WHEREAS the Claimant has agreed to drop claim 5 for punitive damages in the sum of N50, 000,000.00 (Fifty Million Naira)jointly and severally against the Defendants.
WHEREAS only two (2) out of the five (5) claims of the Claimant are still subsisting and are in contention; that is claim 1 for a declaration that the retirement date of the Claimant from the service of Imo State Judiciary as Chief Magistrate grade 1 is 29-4-2020 and claim 3 for an order directing the Defendants to correct their records to reflect the retirement date of the Claimant from the service of Imo State Judiciary as Chief Magistrate (grade 1) to read 29-4-2020.
NOW THE PARTIES HEREBY AGREE AS FOLLOWS:
- That the retirement date of the Claimant from the service of Imo State Judiciary as Chief Magistrate Grad 1, if not appointed to an elevated position, is 29-4-2020.
- That the Defendants be directed to correct their records to reflect the agreement as in 1 above herein.
This is in line with paragraph (a) and (b) of Exhibit “A” annexed to the terms of settlement
CONSENT JUDGEMENT:
In consideration of the above terms of settlement jointly signed by the parties and countersigned by their respective Counsel, Iam satisfied the requirements of Order 42 Rules 5 and 9ofNICN Rules have been fully fulfilled. These terms of settlement duly executed, filed on the 11/12/2018 and adopted in Court today by their respective Counsel, are hereby entered as the consent judgment of this Honorable Court with respect to the said cause.
Delivered in Owerri this 12th day of February, 2019.
………………………………………….
JUSTICE I.S. GALADIMA
Presiding Judge
