Akure—His Lordship, Hon. Justice Adunola Adewemimo of the National Industrial Court, Akure judicial division has ordered Ekiti State Government and State Attorney to pay former Attorney General and Commissioner for Justice, Mr Kolapo Kolade the sum of Five Million, Seven Hundred and Sixty-Five Thousand, Nine Hundred and Forty-Four Naira, Sixteen Kobo accrued salaries and entitlements within 30 days.
The claimant -Kolapo served in the erstwhile administration from 2017 until the end of the tenure in 2018 and averred that his accrued salary for 4 months and half, inclusive of allowances and other benefits totaling the sum of N5,765,944.16 net of all deductions were left unpaid.
The claimant pleaded that the indebtedness was duly acknowledged by the defendants, but his demand for the payment was to no avail, that the Defendants failed, refused and neglected to pay his outstanding entitlements.
The defendants averred that the salary arrears claimed has not been paid to anyone, except for the arrears paid in December 2018, and was well known to the claimant. They added that the present administration commenced payment of salaries from October 2018, leaving the arrears to be paid at intervals and as at when the state is buoyant enough.
The defendants objected that the court lacks the vires to entertain the suit and urged the court to dismiss the suit for being preemptive, frivolous and vexatious.
Delivering Judgment, the trial Judge, Justice Adewemimo dismissed the preliminary objection for dearth of merit that the claimant has shown enough cause for the suit to be heard.
The court also held that the admission of the defendant witness acknowledging the letter of their indebtedness emanated from her department led to the inexorable conclusion that the defendants are owing the claimant the sum claimed that the submissions of the defendants on the letter goes to no issue.
The court ordered defendants to pay to the claimant the sum of N5,765,944.16k (Five Million, Seven Hundred and Sixty-Five Thousand, Nine Hundred and Forty-Four Naira, Sixteen Kobo only) accrued salaries and entitlements within 30 days failing which the sum shall attract a 10% interest per annum.