Akure –The Presiding Judge, Akure Division of the National Industrial Court of Nigeria, Hon. Justice O. O. Oyewumi on Thursday 22nd November 2018 in a ruling dismissed application challenging the suit for an abuse of court process in a matter filed by HON. GODWIN ADENOMO (CLAIMANT) against THE SPEAKER EDO STATE HOUSE OF ASSEMBLY and Anor (defendants), ordered the matter to proceed to trial.
The claimant approached the Court on 19th day of June, 2018, seeking against the defendants among others; The sum of N100,000.00 (One Hundred Million Naira) being the financial entitlements due and payable to the claimant by the defendants from 18th December, 2017, when the claimant assumed office as member of the 2nd defendant representing Ovia South-West constituency of Edo State. The Sum of N78,325,699.5 for General damages.
Likewise, An Order directing the defendants to deliver an official brand new Toyota Camry car to the claimant or pay the cash equivalent of N30,000,000.00 (Thirty Million Naira) for the claimant’s procurement of the said car.
The Defendant filed a Motion on Notice praying the Court for An order of this Honourable Court dismissing this suit for constituting an abuse of Court process, on the grounds that this suit is a recycling of a similar and/or the same subject matter litigated by the claimant against the defendants for which Judgment was delivered by the Edo State High Court on the 11th of July, 2018 and for which appeal and a motion for stay of execution is currently pending.
That the claimant is currently under suspension by the 2nd defendant/applicant and the legality/validity or otherwise of the said suspension is a life issue in an appeal initiated by the defendants/applicants which is currently pending along a motion on notice for stay of execution at High Court of Justice, Benin City.
Until the issues relating to the legality or otherwise of his suspension by the 2nd defendant/applicant are determined and/or resolved by the Court of Appeal Benin City, this suit is premature and amount to putting the cart before the Horse.
The claimant in response contended that even though parties are same with the parties in this suit, the subject matter, reliefs and the issues in the two suits are completely different. He posited that in earlier Suit, the main issue revolved on the claimant’s suspension from office as a member, representing Ovia South West constituency, of the Edo State House of Assembly.
In this instant suit, the subject matter centers around the denial of his entitlement by the defendant since his assumption of duty on 18thDecember, 2017.
Counsel submitted that his benefits have since become due and payable long before his suspension but remains unpaid and urged the Court to dismiss same.
After careful analysis of all the processes filed and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice O. O. Oyewumi expressed thus;
“I do not believe from the fact in issues before this Court that this suit is one of an abuse of Court process.
“I therefore find from the facts before me that claimant has not used the process of this Court malafide but properly as this action does not constitute an abuse of Court’s process.
“To shut down/dismiss this case will orchestrate grave injustice to the suit filed by the claimant. I therefore hold that this application with respect is lacking in merit. It is hereby dismissed.
“I award the cost of N10, 000 in against the defendants/applicants.
“Consequently, this case is to proceed to trial.”
