JUDICIARY
Court Orders PSC to Pay rtd AIG Mbu N40m General Damages
The National Industrial Court on Monday ordered the Police Service Commission ( PSC), to pay retired AIG Mbu Joseph Mbu, the sum of N40 million as general damages.
The payment as ordered by justice Osatohanmwen Obaseki-Osaghae, was for the unlawful retirement of Mbu before he attained the mandatory age of 60 years.
” I hold that the claimant’s premature retirement through a press release on July 2, 2016 is unlawful, unconstitutional, null and void and of no effect”.
The court in addition set aside the purported retirement and declared that the claimant remained an officer of the Nigeria Police Force ( NPF), until he attained the mandatory retirement age of 60 on May 10, 2018.
Furthermore, the court ordered the defendant to pay Mbu his salaries, allowances and entitlement from July 2, 2016 when he was retired until May 10, 2018 when he ought to have retired having attained 60 years.
The judge while delivering the judgment ordered that the sum of N750,000 be paid to the claimant as cost of the suit, stating that failure of the defendant to comply with the orders of the court within 30 days will attract a 10 per cent interest per annum.
The court, however, declined the relief of promotion to the position of a DIG and reinstatement sought by the claimant.
This, the court explained cannot be sustained as the claimant had reached the mandatory retirement age on May 10, 2018 when the suit was pending.
From facts, the claimant, Mbu instituted the suit against the commission over his alleged compulsory retirement on July 2, 2016, when he was the commandant of the Police Staff College.
In his statement of facts, he stated that he was born May 10, 1958, and joined the police on Dec. 11, 1985, and had not reached the mandatory retirement age of 60, nor had he spent 35 years in service before he was retired in 2016.
The claimant had therefore sought, amongst other reliefs, an order of the court to invalidate his retirement, which he claimed was done via a press release as he was never served statutory notice of retirement.
He also sought for an order of the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 to 2018, when he would have been due for retirement.
He also sought for payment of his terminal benefits, N500 million as general damages and N20 million as cost of the suit.
The defendant on its part through processes stated that the claimant was not retired through press release, but that he was pulled out from the force in a ceremonial event.
The defendant equally averred that promotion in the force is not automatic and that the claimant did not meet some of the requirements for promotion.
According to the defendant the reorganisation in NPF at the time of the claimant’s retirement followed due process and the claimant was not the only person affected.
The court in its judgment stated that although the defendant abandoned it case by failing to show up in court to conduct its defence, the action did not exonerate the claimant from the burden to proof his case.
The judge submitted that pleadings are not synonymous to evidence as the defendant was never in court regardless of several hearing notices served.
Obaseki-Osaghae in addition stated that the defendant was deemed to have abandoned its case as the claimant’s submissions were not contested.
She said that the claimant having proven his case on its strength through credible evidence without relying on the weakness of the defendant’s, was entitled to some of the reliefs he sought. (NAN)
JUDICIARY
Court Shifts Judgment in Suit Seeking Ganduje’s Sack Until Sept. 23
A Federal High Court, Abuja, on Wednesday, shifted the judgment in a suit seeking the removal of Dr Abdullahi Ganduje as National Chairman of the All Progressives Congress (APC) to Sept. 23.The matter, which was earlier fixed for today, was not on the cause list.NAN gathered that the parties in the suit had earlier been reached by the court registrar for a new date because the judgement was not ready.
“We have already called the parties on phone to inform them of the development. A new date is next week, September 23,” a reliable source said.Justice Inyang Ekwo had, on July 5, fixed today (Sept. 18) for the judgment.Justice Ekwo fixed the date after counsel to the plaintiff, Benjamin Davou; and lawyers to the defence adopted their processes and made their submission for and against the case.The plaintiff; the North Central APC Forum, led by Saleh Zazzaga, had filed the suit to queried the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.In the suit marked: FHC/ABJ/CS/599/2024, the plaintiff listed Ganduje, the APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.The plaintiff wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.It also prays the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.The plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.It argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo- political zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party, among other reliefs.(NAN)JUDICIARY
Poultry Farm Manager Faces N160,000 Fraud Charge
A 30-year-old poultry farm manager, Stephen Nwachi, on Thursday, appeared before an Okitipupa Chief Magistrates’ Court in Ondo State, over alleged N160,000 fraud.The defendant, whose address was not provided, is facing a two-count charge bordering on felony and advance fee fraud.The police prosecutor, ASP Zedekiah Orogbemi, told the court that the defendant committed the offences on June 24, at 04.
00 p. m. at a poultry farm opposite Zomelo hotel on Okitipupa-Aye Road in Okitipupa.Orogbemi said that the defendant fraudulently obtained the sum of N160,000 from one Morenike Orukotan, under the pretext of supplying some crates of eggs to her but failed to do so.The prosecutor said that the offences contravened Sections 419 and 516 of the Criminal Code, Cap.37, Vol. 1, Laws of Ondo State, 2006.The defendant, however, pleaded not guilty to the charge preferred against him.The Chief Magistrate, Mr Philip Akinlosetu, granted the defendant bail in the sum of N200,000 with one surety in like sum.He ordered that the surety should reside within the jurisdiction of the court.Akinlosetu also held that the surety should show evidence of two years tax payment to the state government.He adjourned the case until Sept. 17 for further hearing. (NAN)JUDICIARY
Court Remands Man, 44, for Allegedly Defiling 9-year-old Girl
A Badagry Chief Magistrates’ Court sitting in Lagos, on Wednesday remanded a 44-year-old man, Sunday Lukas in custody, for allegedly defiling a nine-year-old girl.The Chief Magistrate, Mr Patrick Adekomaiya, ordered that Lukas be remanded at the Awarjigoh Correctional Centre, Badagry, after he pleaded not guilty to a count charge of assault.
He ordered that the case file be duplicated and sent to the office of the Director for Public Prosecution (DPP) for legal advice. Adekomaiya, however, adjourned the case until Oct. 28 for ruling on the bail application filed by Lukas and for DPP’s legal advice.Earlier, the police prosecutor, Ayodele Adeosun, told the court that the defendant committed the offence on May 28, at 12.20 p.m., at No. 4, Aribena Site, Ijanikin area of Lagos.He said that Lukas indecently assaulted the nine-year-old girl by inserting his fingers in her private part.The prosecutor said the offence contravened Section 135 of the Criminal Law of Lagos State, 2015. (NAN)