IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
BEFORE HIS LORDSHIP: HON. JUSTICE O.O. AROWOSEGBE
DATE: FRIDAY 15TH JANUARY 2021 SUIT NO. NICN/EN/35/2018
ANI CHRISTY CHINYERE…………………………………CLAIMANT
1. ENUGU STATE POST-PRIMARY SCHOOLS
2. THE CHAIRMAN, ENUGU STATE POST-PRIMARY -DEFENDANTS
3. THE SECRETARY, ENUGU STATE POST-
PRIMARY SCHOOLS MANAGEMENT BOARD
1. A.C. ALO – FOR THE CLAIMANT.
2. A.C. EJENIKE [DEPUTY DIRECTOR OF CIVIL LITIGATION (DDCL), MINISTRY OF JUSTICE, ENUGU STATE] – FOR THE DEFENDANTS.
Complaint commenced this suit on 5th November 2018. These are the reliefs sought in paragraph 25 of the Statement of Facts:
a. A declaration that the stoppage of salaries and allowances of the claimant since September 2013 by the defendants without any just cause and in total violation of the 1st defendant’s law is illegal, unlawful, null and void.
b. A declaration that the claimant who was employed in 1982 with NCE certificate through a letter dated 19th November, 1982 has not worked up to 35 years in service of the 1st defendant and has not reached the age of retirement as at 2013.
c. An order directing the 1st, 2nd and 3rd defendants to pay the claimant the total sum of money due to her as Principal on Grade level (Special Grade) 16 step…[figure altered by biro unendorsed] as her salaries and allowances from September 2013 to November 2017 when she will retire and 10 percent interest on the said sum for wrongful stoppage of salaries and allowances.
d. General damages of N5 million for unlawful interference with the claimants [sic] employment with the 1st defendant and the suffering, trauma, hardship and frustration which the interference in the claimants [sic] employment have put on her.
Consequent to the above reliefs, the claimant and the defendants have amicably negotiated and reached agreement, which they reduced to writing, titled “Terms of Settlement”, dated 23rd November 2020 and duly filed in this Court on 1st December 2020. The Terms of Settlement were duly adopted in Court on 11th December 2020 when A.C. ALO – for the claimant and A.C. EJENIKE [DDCL, ENUGU STATE] – for the defendants, both adopted the Terms of Settlement and urged the Court to make them the judgment of the Court.
The claimant [Princes Ani Chinyere], the Chairman and also the Secretary of the 1st defendant, together with the counsel to both sides duly executed the document containing the Terms of Settlement. In addition, the claimant was present in Court on the date of adoption and the adoption was done in her presence without objection. That is all about the proceedings before the Court to the point of adoption of the Terms of Settlement when the case was adjourned for judgment.
The next thing is for me, is to reproduce the Terms of Settlement as filed verbatim hereunder:
“TERMS OF SETTLEMENT
1. The Claimant instituted this action at the National Industrial Court, Enugu Judicial Division, Enugu State over wrongful stoppage of her salaries since November 2013.
2. The parties having held series of meetings have resolved and agreed to settle all the issues related thereto.
IT IS HEREBY AGREED AS FOLLOWS:
1. That the defendants shall pay to the Plaintiff [sic] the sum of N5,566,465.50 (Five million, five hundred and sixty-six thousand, four hundred and sixty-five Niara, fifty kobo) only to Princess Ani Christy Chinyere as arreas of her salaries and allowances from 1st October, 2013 to November 2017 when she is supposed to have retired [sic].
2. That the above shall be the terms of Settlement agreed to by both parties to this suit [sic].
Dated this 23rd day of Nov 2020.
Princess Ani Christy Chinyere Chairman, PPSMB
Anthony Alo Esq. The Secretary, PPSMB
(Claimant’s Counsel) Enugu State
Pp. Anali Chude & Co
173 Zik Avenue, Uwani, Enugu SIGNED
Anthonia Ejenike (Nee
The above constitute the entire contents of the Terms of Settlement. Having fully reproduced the Terms of Settlement, consequent upon their adoption in the open Court, I proceed to give the Court’s judgment based on the Terms of Settlement as agreed and executed by the parties and as already reproduced hereinabove.
In consideration of the above Terms of Settlement duly executed by the parties and their learned counsel and duly adopted in this Court on 11th December 2020; and having satisfied the requirements of Order 42, Rules 2-6(1), 7 & 9 of the NICN Rules 2017, this Court, hereby enters judgment in this suit, in accordance with the above Terms of Settlement. The Terms of Settlement earlier reproduced abovein are therefore made the judgment of this Court in this suit.
The Terms of Settlement constitutes final and binding judgment of the Court in this suit.
No cost is awarded.
Judgment is entered accordingly.
HON. JUSTICE OLUWAKAYODE O. AROWOSEGBE
NATIONAL INDUSTRIAL COURT OF NIGERIA