[Severance Benefits] Industrial Court dismisses case against Edo State Assembly

Spread the love

His Lordship, Hon. Justice O. O. Oyewumi of the National Industrial Court, Abuja judicial division has dismissed the suit filed by Hon. Samuel Saiki against Edo State House of Assembly and Attorney General, Edo State on entitlement claims for lacking merit.

The Court held that Hon. Samuel has not discharged the burden placed on him by law to substantiate his claim that no single document or cogent evidence canvassed to prove that he attended plenary and conducted the business of the house during the period under consideration.

From facts, Claimant- Hon. Samuel elected Honourable Member of the Edo State House of Assembly averred that sequel to the purported removal of the then speaker of the house that the defendants stopped his monthly salary and overhead from March 2010 to 19th January 2011 when his election to the Edo State House of Assembly was annulled by the Court of Appeal Benin division.

He averred that the House owes him arrears of salary, monthly overhead cost, severance benefit in the sum of N16, 245,506.42

The defendants averred that the claimant at the proceedings of the house on the 22nd of February, 2010 in solidarity with the erstwhile speaker stopped attending sittings, absented himself without due leave from the 24th of February, 2010 until the expiration of his tenure on the 4th of June, 2011 and his seat was in accordance to the law declared vacant by the house on the 22nd of June, 2010, that claim for severance benefits fails as he failed to complete his tenure successfully.

Learned counsel to the defendant further submitted that the suit is incompetent having not commenced within 3 months after the cause of action arose and further that by the Judgment delivered 19th January 2011 that claimant was not competent to occupy the said seat in issue ab initio that the claimant’s claim is built on nothing and will not stand.

Learned claimant’s counsel Kingsley Idahosa Esq argued that claimant never boycotted nor absented himself from the sitting of the House rather he was prevented from entering his office urged the Court to so hold.

Delivering Judgment, the presiding Judge, Hon. Justice Oyewumi held that claimant claims are for work and labour done which is one of the exceptions under the Public Officers Protection law, that the suit competent as constituted and not statute-barred.

“I have stated supra in this judgment that the propriety or otherwise of the defendants declaration of the claimant’s seat vacant is not within the adjudicatory powers of this Court, rather this Court can only consider whether or not he is entitled to his salaries, allowance, overhead for the period as stated by the claimant in his claim.

“I have carefully perused the document tendered as exhibits before this Court and did not find any document to evince the claim of the claimant in his favour. The claimant in this suit has not by any shred of evidence shown to this Court how he is entitled to his salaries for the period from the 1st day of March 2010 to the 22nd day of June 2010 as he wants the Court to believe.” Justice Oyewumi ruled.


In all, the Court held that Claimant has failed woefully to canvass evidence in prove of his claims.

Call Bridget Edokwe Esq on 08060798767 or send your email to ngbarrister@gmail.com

To get a copy kindly Call 07044444777, 07044444999 & 08181999888 or visit us at: Investment House, 7th Floor, 21/25 Broad St., Lagos. Buy online @ www.alexandernigeria.com

Available at Frank Agbedo & Co. Crown Chambers. 5th floor, left wing, Nipost Building, Lagos Island, Lagos State. Tel: 08033254471, 09077950432 Email: frankagbedo@gmail.com

The price of the book is fifteen thousand Naira (N 15,000) only.
Call any of the numbers below to place your order 08104426598 ,08052508679, 08106743227; or visit, Theemploymentlawhandbook.com. for more information.

To view About the book Author, Foreword and Table of Content, click Below [https://godigital.ng/about_book.pdf] To Place order and Cost, click here [https://godigital.ng/place_order.aspx Any further question or clarification call 08163162202 or send mail to info@godigital.ng

Our contact information are as follows: 234-1-3428150, 2347062320392. We can also be contacted via email at info@aucourantlegal.org. Our offices are located at Florence Place, 7B, Iweanya Ugbogoh Crescent, Lekki 1, Lagos.

Price: ₦20,000 or £25 per copy [Hard Back– 20 chaps/715 pages] Contact Information Email: info@idrinstitute.com, info@adrinafrica.org WhatsApp only: 0803-703-5989 Voice Call – Mobile: 0817-630-8030,+234-805-2128-456, +234-909-9651-401 Landline: 09-2913581, +234-9-2913499, +234-9-2919209 Office Address: 50 Julius Nyerere Crescent, [Next To The World Bank], Asokoro, Abuja – Nigeria. Bank Account Details; Bank Name: UBA Plc.; Account Name: International Dispute Resolution Institute; Account Number: 1014072579

TO ORDER/BUY THE BOOK CLICK BELOW https://flutterwave.com/store/juristpublicationseries - Alternative Mode of Payment: Pay to: Jurist Publication Series, GTBANK 0218803029-- Upon payment, call or text.
Price N12,000 per copy shipping fee inclusive

Price: 20,000 or £25 per copy [Hard Back– 21 chaps/700 pages]: Contact: info@idrinstitute.com, info@adrinafrica.org WhatsApp only: 0803-703-5989 : Voice Call – Mobile: 0817-630-8030, 0909-965-1401; 0705-767-0347; 0912-173-4691 : Landline: 09-2913581; 09-2913499>

Steps To Subscribe To the Court of Appeal Reports Nigeria

Our contact information are as follows: 234-1-3428150, 2347062320392. We can also be contacted via email at info@aucourantlegal.org. Our offices are located at Florence Place, 7B, Iweanya Ugbogoh Crescent, Lekki 1, Lagos.

BESTSELLER: Get A-Z of contemporary laws of ELECTRONIC EVIDENCE in Nigeria By Alaba Omolaye-Ajileye. To ORDER, sms or call : +2347063666998, +2348159307051 or email jurispublicationseries@gmail.com

Leave a Reply

Your email address will not be published.

%d bloggers like this: