Court reinstates Auchi Polytechnic lecturer, orders payment of N6.7m entitlement
The National Industrial Court, Abuja, on Friday ordered Auchi Polytechnic to reinstate and pay a dismissed lecturer, Dr Betty Ali-Momoh, her N6.771million 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.
Alegbe in the motion supported by a 16- page affidavit prayed the court to make an order granting leave to the claimant/judgment creditor to enforce the reliefs as contained in the judgment delivered by the same court on Feb.12.
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 totalling N6.771 million.
The court had also awarded N100,000 as cost in favour of the claimant.
Those who were joined as respondents in the suit are the Rector, Auchi Polytechnic, Minister of Education and the Visitor to Auchi Polytechnic.
News Agency of Nigeria (NAN), reports that the judgment creditor/applicant was employed by the school in 2005 as Accountant 1 and her employment was converted to Senior Instructor, then in 2011 was promoted to Principal Instructor 1.
Her 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.