The Presiding Judge of the National Industrial Court, Uyo Judicial division, His Lordship, Hon. Justice Mahmood Namtari has nullified the purported retirement of SUNDAY OKON UDOSEN and four other police officers by the Inspector General of Police from the Nigeria Police Force, ordered for their immediate reinstatement, payment of salaries, allowances and other entitlements from January 2007 till the date within 90 days.

The Court held that the Inspector General of Police and the Police Service Commission as bodies responsible for taking decisions affecting the rights and obligation of the police officers are duty-bound to observe the rules of natural justice as enshrined in the Constitution.

From facts, the claimants were enlisted for training at the police college and were recruited as Police Constables (PC) and posted to serve in the Akwa Ibom State Police Command as specialists.

That they were never queried or subjected to any disciplinary action were surprised to receive a Police Wireless Message emanating from Police Headquarters, Calabar forwarding a list of those purportedly retired from the services of the 1st Defendant including the Claimants with immediate effect for being illiterates.

The defendants did not enter any formal appearance, file any defence and did not make any legal representation throughout the hearing of this case in spite of been put on notice at every turn.

The officers contended that they were not illiterates because they can read and write without difficulty and were found qualified during the recruitment exercise, maintained that they were not afforded any opportunity whatsoever to be heard and the evidence submitted needed no further proof urged the court to grant their reliefs in the interest of Justice.

Delivering judgment, the trial Judge, Justice Namtari held that Lack of evidence or defence per se does not guarantee automatic victory to the claimant since evidence does not become credible merely because it is unchallenged.

“The Defendants having tersely stated in the wireless message that the Claimants are illiterates, they are bound to establish their illiteracy to justify the dismissal of the Claimants in that regard. Since the Defendants are not here to perform this task, it behoves the Claimant to disprove the assertion that they are illiterates, on the minimum standard.

“I must say they have done just that. Not only are the Claimants able to place before the court the documentary evidence of First School Leaving Certificates and Trade Test Certificates, I am convinced that having been tested and found them fit and worthy of employment, it is unbelievable that the Defendants can now dub them illiterates.

“Since the Claimants have not been afforded a hearing before the decision to dismiss/retire them from the Nigeria Police Force, I have no difficulty in finding and holding the decision to dismiss them is a nullity and must be set aside.” Justice Namtari ruled

Abuja—Hon. Justice Sanusi Kado of the National Industrial Court sitting in Abuja has struck out the suit filed by Alh. Suleiman Lateef and 5 others against Comrade John Obeh and two others for lack of legal capacity

The court held that claimants failed to establish their Trusteeship or being financial members of the Union, and failed to convince the Court of their right to sue in respect of the reliefs claimed before the Court.

The claimants has asked amongst other for a declaration that the purported conduct by Comrade John Obeh and Uko Iwaudofia at the Delegates Conference of National Association of Scrap and Waste Dealers Employers of Nigeria (NASWDEN) and election held on 3/09/2018 was in violation of the Constitution of the Association and contravention of the Directive of the Hon. Minister of Labour and Employment.

Upon being served, Comrade John vide a notice of preliminary objection prayed Court to strike out the suit for lack of jurisdiction on the ground that the Claimants lacks locus standi and further that the claimants were neither re-appointed nor returned as trustees and executive member of the union.

In opposition, counsel to the claimants, Obong Israel, Esq stated that the claimants’ positions and tenure in the union are not by election, that they are active financial members and have interest in the association, that the actions and conducts of the defendants threatened the interest and right of all members of the union.

Delivering the ruling, the trial Judge, Justice Sanusi Kado expressed that the issue of locus standi does not depend on the success or the merit of the case but on whether the party suing has or sufficient interest or legal right in the subject matter of the dispute.

“The Claimants have averred that they are financial members of the union, but they have not tendered or exhibited any evidence showing their financial commitment or contribution to the Union to qualify them to be bona fide members of the union with rights and obligations of a member of the Union.

“This failure or neglect on part of the Claimants/Respondents to show evidence of their financial contribution has debunked the Claimants position that they are financial members of the Union, as such cannot be established by mere assertion, it has to back up by concrete evidence of such contribution which they have not proved.” Justice Kado

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.