By Joseph A. Adudu
February 26, 2020.
Hearing commenced today at the
National Industrial Court (NIC), Jos Division in a case between Jos Electricity
Distribution Company Ltd and 45 disengaged staff of the Company.
The claimant had
approached the court about two years ago over alleged non - payment of their
entitlements amounting to sixteen million five hundred thousand naira ( N16.5m)
and One hundred million naira ( N100m)
for their disengagement by the company.
There has been
series of adjournments to make way for possible out-of-court settlement but to
no avail. The last adjournment was in November 2019 until today for report of
settlement or hearing.
When the case
file case called, Counsel for the claimants, Fredah A. Izang Esq, informed the
court that settlement has collapsed. "My Lord, settlement has collapsed
and since the matter was adjourned for report of settlement or hearing, we are
ready to proceed," Counsel said.
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| cross section of counsels in court this Morning |
However, LM
Gadzama Esq, who held brief for Prof. Shaka Shaka counsel for the defendants
said settlement has not collapsed as counsel to the defendants, has told her of
the efforts he has made to reach out to the claimants. Counsel further made
oral application for a stand down to enable the substantive counsel ( Prof.
Shaka whom she said had another matter at the court of Appeal) to come and
speak for himself. The application was refused and the prayer by the claimants'
counsel for hearing upheld.
Consequently, the first and duces tecum witness on subpoena who is also a representative
of Eco Bank PLC, Mancha Gyang John mounted the witness box and tendered two documents.
The document tendered is Bank statement of Account of the 16th claimant and
Certificate of compliance in accordance with section 84 of the Evidence Act
2011. The document tendered was received and marked as exhibit Ca and Cb
respectively.
Speaking to African Drum after court session,
Counsel for the claimants stated that the defendants were not sincere in the
quest for settlement as they kept deceiving and misleading the court. Counsel
further said that though hearing in the matter has commenced, they were still
ready for settlement. "I am not aware of any settlement steps taken by
them. As a matter of fact, at the beginning of settlement stage, we exchange
papers. Thereafter, they did not get to us again, so we kept on coming to court
and the court kept sending us back to settled but to no avail.
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| cross section of claimants |
"However, if they
are ready to pay our clients all their entitlements and claims, there would be
no need for any case. But they are not ready for settlement. They just keep on
deceiving the court and misleading it. They just keep on coming to tell the court
that we have taken steps, whereas, that is not the true position of the
case," claimants' counsel said.
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| LM Gadzama Esq |
However, counsel
for the defendants insisted that out of court settlement has not collapse
saying that hearing in the matter has not actually commenced. "Settlement
is still in the pipeline. We are still working toward that. The case has been
adjourned to 12th and 13th of March. The matter is for report of settlement on
these two days.
"The judge only allow them tender a document (a Bank statement).
If settlement proceeds and goes through, there would be no such thing again, we
would just report that we have settled. If on the other hand, (hopefully not)
it does not go through, then we would come to court and proceed," counsel
stated.
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| F.A Izang Esq |
Justice Kenneth
Amadi adjourned the matter until March 12 and 13 for continuation of hearing.
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