IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

BEFORE HIS LORDSHIP HON. JUSTICE EMMANUEL DANJUMA SUBILIM

 

DATE: APRIL 18, 2024                               

SUIT NO: NICN/ABJ/80/2024                                              

 

BETWEEN:

 

BELLO CHARLES KOLAWOLE   ……...…                   CLAIMANT

AND

AZTEC MICROFINANCE BANK LIMITED …………  DEFENDANT 

                                       

REPRESENTATION :

T.M. Igbudu, Esq; for the Clamant

Babayemi O. Olaniyan, Esq with Michael Abu Obaze, Esq for the Defendant

 

CONSENT JUDGMENT

1.      The case involves a claim against the Defendant for non-payment of salary and other allowances. The lawsuit was initiated by filing a Complaint on March 14th, 2024, accompanied by a Statement of Facts, witness statements on oath, a list of witnesses, a list of documents to be relied on, and their copies.

 

2.      The Claimant seeks the following reliefs:

a. A declaration of the Court that the Defendant is liable to pay the Claimant shortfall of the sum of 4 years housing allowance of N18,000,000 being 50% of gross salary which amounts to 50% of N9,000,000 per year.

b. A declaration of the Court that the Defendant is liable to pay the Claimant the sum of N11,000,000 being unpaid salary from the months of January 2020 till March 2021 being N750,000 per month for 15 consecutive months.

c.  A declaration of the Court that the Defendant is liable to pay the Claimant the sum of 50% part salary owed by the Defendant to the Claimant for 15 months being N375,00 per month amounting to N625,000 only.

d. A declaration of the Court that the Claimant is entitled to 3 months cumulative annual and terminal allowance and bonuses at the prevailing industry rate of 20% of annual basic salary which amounts to N720,00 per year totaling N2,160,000.

e. A declaration of the Court that the claimant is entitled to the outstanding fuel allowance of N8000 per week, for two and a half years i.e. 135 weeks amounting to N1,080,000.

f. A declaration of the Court that the Claimant is entitled to car depreciation allowance at N7,000,000 cost value, calculated at monthly depreciating value of N135,600 for 30 months therefore totaling N5,448,000.

g. A declaration that the Claimant is entitled to withhold any valuable, moveable assets of the Defendant within his possession pending the ultimate determination of this matter.

h. An order of the Court directing the defendant to pay back to the Claimant all the outstanding monies owed, including the outstanding housing allowance as well as full salary for 15 months and half salary for another 15 months as well as the outstanding annual and terminal leave and his fuel allowance and car depreciating allowance totaling N45,233,000 only.

i. An order for the sum of N5,000,000 (five million naira only) as cost of this action.

 

3. The Defendant, in response filed a Statement of Defence with all accompanying documents as required by the Rules of this Honorable Court.

4. On 18th Day of April 2024, both Counsels to parties in this suit appeared in court and duly informed the court that they have been able to reach an amicable settlement and have filed Terms of Settlement in court. From the record of the court, it is shown that on this 18th day of April, 2024, Terms of Settlement document dated the 17th of April 2024, was filed in this Court. The Terms of Settlement was signed by the parties and their respective legal representatives.

 

5. Both counsels moved and adopted the aforesaid Terms of Settlement and urged this court to adopt same as judgment of court. The Terms of Settlement has the following settled facts as agreed by parties:

a. That the sum of N4,000,000 (four million naira) being the Claimant’s severance package, be paid to the Claimant.

b. That the Defendant shall write off the principal sum and interest on the loan advanced to the Claimant amounting to the sum of N6, 445,492.02.

c. That the Bank’s vehicle with registration number RBC 998 DG be returned by the Claimant to the acting Managing Director or the Company’s Secretary forthwith.

d. That the Claimant retract and recant the defamatory memorandum sent to the Board of the Defendant dated 27th February 2024.

e. That the Company Secretary of the Defendant shall retract the letter sent to the Claimant dated 22nd February 2024 from the record of the Bank.

f. That the Claimant undertakes not to tarnish the image of the Defendant, its Directors, Shareholders and staff.

g. That the Directors of the Defendant viz: Messrs. Kojo Mensah Ansah, Victor Quainoo, and Samuel Koranteng Adjei undertake to jettison all defamatory claims against the Claimant.

h. That the criminal allegations bordering on unlawful seizure before the Nigerian Police be withdrawn forthwith.

i. That the terms of settlement is binding on all parties in this suit.

j. That the parties hereby agree that these terms of settlement shall be made the consent judgement of this Honorable Court.

6. Having listened to both counsels in the case and having gone through the Terms of Settlement filed before this Honorable Court on the 18th of April 2024 and dated 17th April 2024 which was signed by parties in this suit and their representatives as provided under Order 42 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, both Claimant and Defendant’s counsels having adopted same, I accordingly hereby enter the Terms of Settlement as consent judgement of this Court.

7. Consent Judgment is entered.

 

             Hon. Justice Emmanuel Danjuma Subilim

                                                                                                 Judge