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His Lordship, Hon. Justice F. I. Kola-Olalere of the National Industrial Court of Nigeria, Ibadan Judicial Division on Wednesday 30th May in a landmark judgment declared that the claimants Hon. Akinborode Olowolagba and Nine others are not entitled to payment of 300% of their Annual Basic salary gratuity because their election as councilors into the defendant Local Government from January 11, 2008 to December 17, 2010 was declared null and void by the Supreme Court since December 17, 2010 from the defendant- Ilesa East Local Government of Osun State and also hold that all the payments made to the claimants as councilors by the defendant from January 11, 2008 to December 17, 2010 are the rights that enured to the claimants following their elections as councilors with the defendant at the material time.
On March 25, 2014 the claimants filed this complaint against the defendant for A Declaration that by virtue of the Osun State Public/Political Office Holders (Revised Remuneration Package) Law, 2007 each of the claimants is entitled to the payment of 300% of his/her Annual Basic salary as gratuity (severance gratuity) for being councillor representing his/her ward between the 11thday of January, 2008 and 17th day of December, 2010 in the defendant Local Government (Ilesa East Local Government of Osun State).
The case of the claimants are that they were elected councilors in the defendant Local Government during the Local Government Election conducted in Osun State and remained in office until the 17thday of December, 2010 when the Supreme Court declared the election that brought them in as null and void for failure to comply with the necessary provisions of the Electoral Act on the period of notice to be given to the public and political parties before conducting the local government election. They continued that having spent or occupied office for a period of 2 years, 11 months and 7 days (out of their 3 years term in office) before the judgment of the Supreme Court that sacked them was given, they are entitled to payment of their gratuities/severance benefits in line with the Provisions of the Osun State Public/Political Office Holders (Revised Remuneration Package) Law, 2007.
In response and in compliance with the Rules of this Court, the defendant entered appearance through its counsel and filed its statement of defence and counter claim; counter-claiming among others: An order for an immediate refund of the under-listed sums illegally received by them as salaries and allowances between January 2008 and December 2010 pursuant to their declaration as councilors in the election held by Osun State Independent Electoral Commission on 15thDecember, 2007 and which election has been declared as illegal, null and void by the judgment of the Supreme Court of Nigeria delivered on 17thDecember, 2010:
The case of the defendant on the other hand, is that the claimants are not entitled to the payment of gratuities/severance benefits after being illegally and unconstitutionally elected in view of the nullification of their election by the Supreme Court of Nigeria. This is because that nullification means that the claimants are not Public/Political Office Holders in the defendant/Local Government Area.
After reviewing the argument of the parties, the Court Presided by Hon. Justice F. I. Kola-Olalere expressed thus;
“I have gone through the facts of this case, the evidence of the parties and the written arguments of their counsel.
All the parties in the instant case are in agreement that the election of the claimants was declared invalid, null and void by the Supreme Court towards the end of their tenure in the case.
In compliance with the Apex Court’s decision; I find that whatever salary, privileges and or benefits these claimants before the Court had earned or enjoyed prior to the nullification of their election cannot be taken away from them. However, it is my considered view that whatever the claimants were entitled to under the law that brought them in as councilors but which have not been claimed nor enjoyed by them before the nullification can no longer be enjoyed or claimed by them now because their election has been declared null and void and I so hold.
Consequently, I hold that the claimants are not entitled to claim from the defendant, payment of 300% of their Annual Basic salary gratuity as claimed on March 26, 2014 when they filed this suit because their election as councilors into the defendant Local Government from January 11, 2008 to December 17, 2010 was declared null and void by the Supreme Court since December 17, 2010. The claimants’ claim for gratuity is accordingly dismissed.
Consequently, I hold that all the payments made to the claimants as councilors by the defendant from January 11, 2008 to December 17, 2010 are the rights that enured to the claimants following their elections as councilors with the defendant at the material time. I further hold that the defendant is not entitled to the counter-claim, and the said counter-claim is hereby dismissed.
On the whole both the claims and counter-claims failed and they are accordingly dismissed.
