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Kano---His Lordship, Hon. Justice E. D. E. Isele of the National Industrial Court of Nigeria, Kano Judicial Division on Tuesday 6th June 2018 in a Judgment delivered ordered NATIONAL UNION OF BANKS, INSURANCE, FINANCIAL INSTITUTIONS EMPLOYEES (NUBIFIE) [defendant] to pay DR. MUHAMMAD MAMMAN a retiree payable sum of N 2, 431, 170. 24 being his accrued retirement benefit balance for 19 years as General Secretary of the Union within 14 days of this judgment.
The Claimant earlier filed a writ dated the 22nd March, 2017 In that writ the claims endorsed among others thereon were: A Declaration of court that the Defendant’s non-payment of the sum of N 2, 431, 170. 24 being the Claimant’s retirement benefit balance for 19 years’ service as the Defendant’s General Secretary of the Defendant’s Union amounts to an abuse of the Claimant’s constitutional rights to retirement benefit (gratuity) being a contravention of Section 173 (2) of the 1999 Constitution as amended. An Order of court entering summary judgment in this suit in favour of the Claimant on the claims as contained in this suit and An Order of court directing the Defendant to pay to the Claimant the sum of N 2, 431, 170. 24 being the Claimant’s accrued retirement benefit balance for 19 years’ service as General Secretary of the Defendant’s’ Union.
The Claimant as Deponent avers that as a retired General Secretary of the Defendant’s Union he was employed by the Defendant on the 20/4/1987 as state Secretary of the Union. And during his service to the Union, he became Defendant’s General Secretary in the Defendant’s National Secretariat in Lagos. And after completion of 19 years of service he voluntarily retired dated 02/10/2005 which letter was acknowledged by the Defendant’s letter dated 15/02/2006.
Equally filed along with the motion ex-parte on the said 19/4/2017 was the Motion on Notice wherein they seek summary judgment for the same claims and liquidated amounts as contained in the writ of complaint on the grounds that the Defendant computed the Claimant’s retirement benefit balance to be the sum of N 2, 431, 170.
That the total part payment made by the Defendant is N600, 000 since 2010 leaving a balance of N 2, 481,170. 24. And the Defendant deliberately refuses or neglects, to pay the aforesaid retirement benefit since 17/03/2006 despite several oral and written demands to the Defendants.
In the affidavit in support of the motion the Claimant had averred that the Defendants did not have a defence to the action.
After reviewing the processes filed and the submissions of learned Counsel for the parties, the Court Presided by Hon. Justice E. D. E. Isele expressed thus;
I have satisfied myself of the merit in the Claimant’s application. I aligned myself with the decision of the court per Denton West JCA that “It is wicked and inhuman for a retiree to be denied his pensions and gratuity.”
“Summary judgment is hereby entered in favour of the Claimant in the 1st, 2nd, 3rd and 4th heads of claim and the Defendant is hereby ordered to pay the Claimant the sum of N 2, 431, 170. 24 being the Claimants accrued retirement benefit balance for 19 years as General Secretary of the Defendant’s Union.
“By the above, the Defendant is hereby ordered to pay the Claimant’s incremental arrears for 2003/2004. The 5th and 6th heads of claim are refused the Claimant having not proved them.
“Cost of N 100, 000 (One Hundred Thousand Naira) is hereby awarded against the Defendant.
“The cost and liquidated sum claimed by the Claimant are to be paid within 14 days of this judgment.” His Lordship declared.
