The National Industrial Court on Wednesday adjourned until June 6, for further report of settlement between Ahmadu Bello University (ABU), Zaria, and 110 of its employees.
When the matter was called, the presiding judge, Justice Rakiya Haastrup asked the claimants’ counsel, Mr Femi Adedeji if parties had concluded on settlement.
Adedeji responded that the judgment debtor’s counsel, Dr Abubakar I’shaq was in position to inform the court.
The counsel in respond stated that the matter should be adjourned sine die(indefinitely) or the committal proceeding be set aside for two reasons.
He said that one of the reason was because of two pending appeals before the Court of Appeal challenging the computation of the sum of N2.5 billion belonging to his client with the Central Bank of Nigeria ( CBN)
He added that the appeals had been entered and their records had been transmitted to the Court of Appeal.
I’shaq further said that another reason for the application for the matter to be adjourned sine die was borne out of the fact that ABU had complied with the directive of the order of the court by issuing reinstatement and retirement letters to the judgment creditors/ claimants.
According to the counsel, he said that his client was no longer in contempt of court because the sum of N2.5billion had been attached by CBN and his client could not access the said fund since May 31, 2022.
He concluded by stating that efforts were made by parties and their counsel to ensure they reconcile the figures of pension and gratuity which the current dispute was about.
He said that parties had agreed on the computations done on the claimants salaries, adding that the objection raised was because information available from PTAD that will be used to compute claimants’ pension and gratuity stopped at 2019.
Adedeji in responded that no fund had been paid to the judgment creditors since 2015 when judgment which was later affirmed by the Court of Appeal, was entered in their favour.
He added that although parties had agreed what ought to be paid as salary arrears, that however, the judgment debtor had refused to give CBN the needed instruction to release the fund.
” While I cannot confirm that an appeal is pending in respect to the committal proceeding, I can notify the court that I was served with a record of appeal that I was never invited to its proceeding concerning the appeal.
” Having wasted the time of the court for six months only to come and apply for the matter to be adjourned sine die is not fair to the court nor to the judgment creditors.
“If the judgment debtor is no longer interested in settlement, we are ready to proceed with the matter”, Adedeji submitted.
The court having established that the current dispute was no longer about salary arrears computation, but about pension and gratuity computations instructed Adedeji to address the court regarding the issue.
Adedeji reiterated that the judgment debtor created figures on its own by claiming that the judgment creditors are indebted to it, he therefore urged the court to adjourn the matter for hearing of the committal proceeding application.
I’shaq on his part said that 85 of the judgment creditors are on pension since the termination of their employment and if the N2.5billion judgment debt is paid, it will mean double earnings for them and added that the court should take note of the motion dated Oct. 17, 2022 before it.
Adedeji assured that the court that he will file his reply to the motion immediately.
The court in its ruling declined the sine die application and directed that documents that will ensure valid computations should be made available from PTAD, computations should be done and parties to return on June 6, for report of further settlement from the pension and gratuity computations.
The News Agency of Nigeria ( NAN), reports that the appointments of 110 ABU staff were terminated in 1996, however as part of the order of the court, the institution converted the termination letters to reinstatement or retirement letters.
NAN also reports that parties as part of terms of settlement have agreed on arrears of salary computations, but have failed to reach an agreement on the pension and gratuity computations.(NAN)
