The National Industrial Court has fixed May 27 for adoption of written addresses in a suit of alleged unlawful termination filed by a lecturer who died on May 1.
The deceased lecturer, Dr. Aminu Rufai had instituted the suit against the University of Maiduguri, his former employer, contesting the termination of his employment.
At the resumed sitting on Monday slated for hearing, Justice Babatunde Adejumo fixed the date after the claimant’s counsel, Miss Nonso Obah informed the court that her client had suddenly slumped and died the previous week.
The defence counsel, Mr P. Bello, therefore said the claim could not survive the deceased.
In his argument, he said the contract of employment was between the two parties, I.e the claimant and the defendant.
He went further to say no other party can benefit from a contract entered into by the two parties and since the claimant was dead, the contract and litigation had also ended.
Bello added that the demise of the claimant had led to the abatement of the matter.
Obah in her submission however said the claimant’s Estate would be the beneficiary of the claim.
She relied on Order 13, Rule 27, sub-rule 1,2 and 3 of the NICN Civil Procedure Rule, 2017 to argue her point.
The judge after listening to the submissions of both counsel ordered that the defence counsel file a written address within seven days and cite authorities to support his argument that the death of the claimant also meant end of the matter.
Adejumo also directed that the claimant’s counsel shall equally file and serve her written address within seven days from the date of receipt.
In addition, he instructed that Bello shall file a reply on point of law if any within three days from the date the claimant’s counsel written address is served.
He concluded by adjourning the matter until May 27, for the adoption of both written addresses.
The News Agency of Nigeria (NAN), reports that the claimant whose appointment was terminated by the University in Sept. 2015 was a senior lecturer and Head of Department of Human Anatomy.
He sought for reinstatement, payment of his salary and allowances from when his employment was terminated and N20 million as general damages amongst other reliefs. (NAN)
