Judiciary
A former staff member of Nigerian Immigration Service (NIS) Mr Made Oguntoyinbo on Monday prayed the National Industrial Court to order his former employer, to align his rank and promote him to a comptroller of immigration.
The matter came up before Justice Rakiya Haastrup and Oguntoyinbo through his counsel, Mr Femi Adedeji informed the court that settlement between the parties had broken down.
Adedeji in addition stated that settlement broke down when judgment debtor said that the rank ordered by the court was not obtainable and he requested for a secular or evidence to that effect.
The counsel also submitted that the rank proposed by his client’s former employer instead had been abolished and no longer in existence.
He said it was as a result of parties not reaching a resolution that informed his decision to bring a motion on notice before the court on Monday.
The application according to Adedeji was filed on Feb.22 and brought in pursuant to order 63 rule 1,2 and 6 of the NICN proceeding.
He said the application was supported by six grounds with 18-paragraphs affidavit which he adopted and placing reliance on all the paragraphs of the affidavit.
He said the application had three prayers, one of which was an order of the court to direct the judgment debtors to comply with the court’s judgement delivered on May 29,2019.
Another prayer was that the defendant having failed to comply with judgement of the court directing the alignment of the rank of the judgment creditor to that of comptroller of immigration.
The next prayer was for committal to prison the judgment debtor for failing to obey the court’s order.
The counsel in addition urged the court to grant the application adding that defence who had been served did not file a counter-affidavit neither was a legal representative on its behalf for the last three proceedings of the court.
He equally brought to the court’s notice that defence had in partial compliance paid his client part of the monetary order.
He however added that his client was more interested in the other orders of the court one of which is the alignment of his rank and promotion, as he was never promoted once throughout the 25 years he was in service.
The court having listened to the application of Adedeji adjourned until April 19, for ruling.
News Agency of Nigeria (NAN) reports that the court had delivered judgment on March 29, 2019, in Oguntoyinbo’s favour.
In the judgment, the court ordered that his rank should immediately be aligned to a Comptroller of Immigration and payment of N9.7 million as unpaid salary among other orders.(NAN)
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Tags: Justice Rakiya Haastrup Mr Femi Adedeji Mr Made Oguntoyinbo
