Friday, 10 May 2019

Court orders Auchi Polytechnic to reinstates and pay sacked lecturer N6.7m



The National Industrial Court, Abuja, on Friday ordered Auchi Polytechnic to reinstate and pay a dismissed lecturer, Dr Betty Ali-Momoh, her N6.771 million entitlement.

Justice Sanusi Kado, gave the order after listening to the submissions of Mr Davidson Alegbe, the applicant’s counsel in a motion ex-parte.

A motion ex-parte is a petition made by a party in court without notifying the opposing party.

Kado said, “I have perused all the processes filed in this suit. It is apparent that the judgment debtor has refused to comply with the judgment of this court. 

“Consequently, the judgment creditor is entitled to enjoy the fruit of her judgment. ” In the circumstance, an order of execution of the judgment of this court as depicted by exhibit BAA1 ( certified copy of judgment), is hereby granted.

” The judgment creditor is hereby granted leave to enforce the judgment of this court via a way of execution. Order is entered accordingly”, the judge said.

The reliefs earlier granted in favour of the claimant were for her reinstatement as a Principal Instructor 1 and payment of her salaries and allowances from Dec. 1, 2016, until the date of judgment totaling N6.771 million.

The court had also awarded N100,000 as cost in favour of the claimant.

Yhose who were joined as respondents in the suit are the Rector, Auchi Polytechnic, Minister of Education and the Visitor to Auchi Polytechnic.

The employment was terminated on Dec.1, 2016 based on the indictment and recommendation of a committee set up by the school.

The court however in its Feb. 12 judgment, said the termination was wrong on grounds that the school did not possess the power to unilaterally dismiss the lecturer.

The court granted the lecturer’s prayers of reinstatement and payment of entitlements, which the respondents had not complied with, hence the filing of the motion ex-parte by the applicant’s counsel.

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