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The Presiding Judge, Kano Judicial Division of the National Industrial Court, Hon. Justice Mahmood Namtari has dismissed the case filed by former Sabon-Gari West Ward 9 Councillor, Hon. Fredrick Elele against Mr. Onuoha and the All Progressive Congress for lack of proof.
The Court stated that the judgment of the Kano State Election Appeal Tribunal did not state who is to pay the Salaries and Allowances for the prescribed period to Hon. Fredrick. Justice Namtari reasoned that if the order wanted Mr Onuoha to pay, it would have said so in no uncertain terms, and the order did not mention a refund of the salaries and allowances supposedly paid to Mr Onuoha before he was declared not the winner of the election.
From facts, the Claimant- Hon. Fredrick Elele had submitted that he Mr. Onuoha contested for the Councillorship of the Sabon-gari West Ward (09) at the Fagge Local Government Area of Kano State on 17th May 2014, and Mr. Onuoha was declared the winner of the election and returned as Councilor.
Hon. Fredrick averred that he filed a petition against the return of Mr. Onuoha as the winner of the election which petition was dismissed, and his further appeal to the Kano State Election Appeal Tribunal was allowed and he was declared as the winner of the election with payment of all his salaries and allowances from the day he is supposed to in office to the last day at the expiration of the tenure in office.
Hon. Fredrick further stated that the order for the payment of all salaries and allowances is yet to be made by Mr. Onuoha and the APC, and urged the Court to grant the reliefs sought.
In defence, the 1st Defendant- Mr. Onuoha posited that the judgment delivered on 16th January 2018 by the Kano State Local Government Election Appeal Tribunal, the Appeal was between the Hon. Fredrick Elele & Anor vs. (1st Defendant) & 57 Ors, that the judgment did not state specifically who should pay the judgment sum and how much.
He asserted further that on the 19th Day of April 2018 when Hon. Fredrick and Court officials came to his house to levy execution, he paid the sum of N250,000 to Hon. Fredrick through the Registrar in charge, and that he was never paid all the allowances, salary and emolument attached to the office of a counsellor for 3 years.
Mr Onuoha challenged the jurisdiction of the court to entertain the matter on the ground that the suit is for interpretation of the Judgment of the Kano State Local Government Election Appeal Tribunal and the Court has no jurisdiction to entertain the action to interpret the Judgment of the Court of coordinate jurisdiction.
Learned Counsel to Mr Onuoha further averred that the use of another action to enforce a judgment in an earlier action amounts to abuse of court process, and that Hon. Fredrick cannot choose to sue only 2 out of the 58 Respondents to recover the judgment sum.
In opposition, Hon. Fredrick's counsel submitted that the 2nd portion of the judgment is declaratory in nature, even though it says that his client be paid his salaries and allowances for the 3 years tenure, it never specified the amount to be paid to him by the judgment debtors and the only way it can receive enforcement is for him to take out subsequent proceedings to enforce the declaratory judgment earlier given in his favour, and urged the Court to grant the reliefs sought in the interest of justice.
After careful evaluation of the submission of both parties, the Presiding Judge, Justice Mahmmod Namtari held that Hon. Fredrick's claims are rooted in the consequential order of the Appeal Tribunal that the Claimant shall be paid all salaries and allowances for the tenure of three (3) years he was supposed to be in the office as the duly elected Councillor, that this consequential order has accorded Hon. Fredrick a new cause of action which was not considered by the Appeal Tribunal and which can only be instituted and enforced by a court of competent jurisdiction.
However, the Court reiterated that Hon. Fredrick must refer the Court to the exact provisions of the law, instrument or document that conferred his entitlement to the claims in accordance with the rule of law.
Justice Namtari stated that Mr Onuoha’s contention that the suit is an attempt to interpret, enforce or sit on appeal over the judgment of the Appeal Tribunal is of no moment and dismissed the objection for being unmeritorious.
The Court reasoned that if the order of the Kano State Election Appeal Tribunal wanted Mr Onuoha to pay, it would have said so in no uncertain terms, that the order did not even mention a refund of the salaries and allowances supposedly paid to Mr Onuoha before he was declared not the winner of the election.
“On the face of the clarification in Exhibit ET1 that the payment of the judgment sum should be done by the Attorney General, the claim against the 1st Defendant is spent and rested, to say the least. There is therefore force in the submission that the payment of these salaries and allowance can only be borne by the Kano State who were supposedly the employers of the Claimant.” The Court ruled.
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