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Lagos---His Lordship, Hon. Justice E. A. Oji of the National Industrial Court of Nigeria, sitting in Lagos on Monday 18th June 2018 in a ruling struck out suit filed by DR EMMANUEL EMOMINE IGBODUDU against UNIVERSITY OF LAGOS for lacking merit.
The Claimants filed this suit on the 20th August 2013 against the defendant and sought among others; A DECLARATION that the ADHOC INVESTIGATION PANEL set up to look into the Claimant's case is illegal, null and void and that it is contrary to the provisions and spirit of the Defendant's Staff Handbook and Section 17 of University of Lagos Act of 1967.
Also, A DECLARATION that the refusal, stoppage and/or non-payment of the Claimant's salaries, emoluments and/or entitlement since the expiration of his vacation period is illegal, unconstitutional, null and void as it violates the University of Lagos revised Condition of Service Governing Senior Staff UASS 1-7, and EUSS6-1S and Section 17 (4) of the University of Lagos Act 1967 and the Constitution of the Federal Republic of Nigeria 1999.
Likewise AN ORDER of perpetual injunction restraining the Defendants from forcefully ejecting the Claimant from his residential quarters and/or any form of intimidation whatsoever.
This suit was originally before Honourable Justice JD Peters and was transferred to this Court. The Claimant however had died before this matter was transferred to this Court. The Defendant brought an application to strike out the suit on the ground that it cannot survive the deceased.
Application was also brought on behalf of the Claimant to substitute the Deceased’s wife as party in the suit.
The Defendant’s seeks an Order to strike out this suit in its entirety on the grounds that the Claimant has been deceased since the 18th day of June, 2017 and that the Claimant's claim against the Defendant being personal cannot survive in compliance with the rules of this Honourable court.
Defendant argues that, it is the next-of-kin of the Deceased employee named in the Deceased's employee bio-data or person with Letters of Administration that is entitled to the deceased's entitlements and that again, there is no evidence that this named substitute is the deceased's next-of-kin. They urge that this application be dismissed and this suit be struck out in its entirety.
Claimant filed a counter-affidavit dated 9th February 2018 in opposition to Defendant’s application stating the conditions to be met when Entitlement of a Deceased is brought before the Court; showing that a deceased Employee's claim can be heard and entertained by this Court whether such deceased dies Testate or Intestate.
After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice E. A. Oji expressed thus;
“I have considered the arguments of Counsels and taken a critical look at the Reliefs sought in this suit. Of the six Reliefs sought, three are Declaratory Reliefs which do not survive the Deceased as such a Declaration will be of no effect in the circumstance. The outstanding Relief is the one that seeks ‘an order mandating the Defendants to restore and/or restate the services and emoluments of the Claimant from June 2004 to date. This Relief has two parts and I do not see how this Relief can survive as the restoration of the emoluments of the Claimant is dependent on the restoration of the services of the Claimant.
“Apart from finding that suit cannot survive the Claimant, assuming it could, Claimant has not met the conditions of the Orders under which the application is brought.
“The party seeking to be substituted having not fulfilled the requirements of the Rules under which the application is brought, the application is refused.
“Having also found that the suit does not survive the Claimant, the suit is hereby struck out.
