Case of 109 ex- Staff versus Keystone Bank kicks off soon before National Industrial Court, Kaduna

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Proceedings are expected to commence soon at the National Industrial Court, Kaduna Division in a case between Keystone Bank and some of its ex-staff over termination of appointments and payment claims.

The suit(s), in two parts, are marked as No. NICN/KD/03/2021 and NICN/KD/04/2021

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Keystone Bank LTD and Sani Mukhtar Muhammed are the defendants in the case(s) while the claimants are 109 ex-staff of the bank.

The particulars of the case are as follow:

 

COMPLAINT

FORM 1

(O.3, R.1)

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA JUDICIAL DIVISION

HOLDEN AT KADUNA

SUIT NO:……………….

BETWEEN:

  1. SAIDI SULE
  2. HAMISU ABDULLAHI
  3. ADENIKE SIMON
  4. ADELEYE TOLUWANIOPE
  5. AGBO MOBOLADE OMOWUMI
  6. AZORO UGOCHUKWU
  7. BELLO SHAKIRAT
  8. EGBE BLESSING EVWIERUROMA
  9. EMMANUEL EKANEM
  10. ERNEST UKPEBOR
  11. EZECHI EMEKA DENNIS
  12. GLORIA MATHEW
  13. IROZURU IFEYINWA IFEOMA
  14. JOSEPH TOLUFASHE BABALOLA
  15. KALU NNACHI K
  16. KEMI DIDEN
  17. OLUFEMI AKANJI BAMIDELE
  18. ADEGOKE OLOWOOKERE TAIWO
  19. MAGO VERONICA
  20. MAIMUNA MOHAMMED                                                    CLAIMANTS
  21. ONI OMOLOLA RASHIDAT
  22. OWEN-EKPE MERCY EMMANUEL
  23. OZIOHU AKPAJA
  24. RABIN DAVID
  25. SHERIFAT ADEYEMI-ILUGBO
  26. TOLANI FATIMA OLANIKE
  27. MANU IBRAHIM
  28. IWUEZE NGOZI AWELE
  29. EZE ALOYSIUS CHUKWUMA
  30. OKWY-NRIAGU IFEOMA FRANCES
  31. MAIGIDA MOHAMMED A
  32. ABAYOMI JOSEPH AFANU
  33. AHAMEFULA EMELOGU
  34. BOBOLA OGECHUKWUKA FLORENCE
  35. OLARENWAJU AKINDURO
  36. MOHAMMED AMINU A
  37. TUNDE ADESHINA
  38.     UMAR JIKA
  39. YAKUBU IDRIS
  40. CHINEDU OFFOR
  41. NWANGWU OKECHUKWU SYLVESTER
  42. UCHE EZINWA
  43. UDEANI OGECHUKWU
  44. MUNIR OTHMAN
  45. ADEJO OLUYEMISI BUKOLA
  46. ALEKE OLIVER CHUKWUKA
  47. DORIS NWANNEKA
  48. JOHN EGBUCHULEM
  49. OKOYE EBELE
  50. OLARENWAJU JIMOH
  51. OLANREWAJU JOSEPH AKINDUNNI
  52. OLUSOLA ADENIKE EBARETONBOFA
  53. WILLIAMS CHRISTOPHER OLUKAYODE
  54. YUSUF USMAN
  55. AHMED IBRAHIM AHMAD
  56. SOLOMON ECHEGILE
  57. ABRAHAM AIFEGHA
  58. ADEKEMI ADESHINA AYINDE
  59. GOODMAN AIGBOVBIOSA
  60. ADAMS BOLANLE ADEWUNMI
  61. AINA OLUWABUSOLA OMOTOYOSI                        CLAIMANTS
  62. CHINYERE ANOKAM F
  63. CLARA KOMOLAFE
  64. EMBERRU CHINYERE PRINCESS
  65.    EMMANUEL ABUYA
  66. HAJARA ISMAILA
  67. OCHIGBO ENE COMFORT
  68. OKONKWO EBERE ROSEMARY
  69. ONYENEKE ANNY
  70. REGINA OBIMAH
  71. UGOCHUKWU AGU
  72. MOPELOLA OREGUNA
  73. ADESEWA AYENI
  74. ADELANA OMOJOLA-ADE ADENIKE
  75. ADEOLA OLUYEMISI ADEWUNMI
  76. AMOGU JOHN AWA
  77. AMUSAN OLUWASEGUN
  78. AYINLA ABIMBOLA
  79. CHRISTIANA A. ADELUSI
  80. DAMILOLA ADUKE NASIRU
  81. DUKE-EJERE CYNTHIA CHINEDU
  82. EKWELONU CORDELIA UZOAMAKA
  83.   EZIMMA OGUAGHA
  84. IFEYINWA IWUANYANWU
  85. IGOH SOLOMON OVIE
  86. ILECHUKWU SOMTOCHUKWU
  87. MOGEKWU JENNIFER ISI
  88. NCHE MARIA BETTY
  89. NWAOFOR NKECHI JOY            
  90. OKE OTIKPO
  91. OMONKOR JOY AIRAGNAJEGBE
  92. ONOVOH EKENE
  93. OWOYEMI OLUWASOLA OLAYEMI
  94. SAMUEL NWANNA PRISCA EDIMA
  95. UGONNA KIZITO EJEAGWU
  96. UMEH PASCAL CHIEDOZIE
  97. UMUNNA JULIANA IFEYINWA                                        CLAIMANTS
  98. ANDREW OMEIRE
  99. JULIET OKERE ANWULIKA
  100. FASHAWE SIMBIAT OMOTAYO
  101. OCHAI AKATU
  102. OGBEBOR FRANCISCA CHINYERE
  103. CHARLES UKAH
  104. C. UKUEJUWAYO
  105. RABIU NASIRU
  106. OSO OLUWAGBENGA
  107. AFOLABI OLUFUMILAYO
  108. JANADA WABA
  109. IGHOMEREHO RITA URUEMUESIRI.

AND

  1. KEYSTONE BANK LTD DEFENDANTS
  2. SANI MUKHTAR MUHAMMED

To the above named defendants of:

THE 1ST DEFENDANT OF;

 KEYSTONE BANK LTD

OFF ADEYEMO ALAKIJA STREET.

VICTORIA ISLAND, LAGOS.

 

  1. THE 2ND DEFENDANT OF:

25, DOLPHONE STREET,

KINKINAU,GRA, KADUNA.

 

YOU ARE HEREBY COMMANDED that within Fourteen days after the service of this Complaint on you, inclusive of the day of such service, you do cause an appearance to be entered for you in action at the suit of the Claimant and take notice that in default of your so doing the Claimant may proceed therein, and judgment may be given in your absence.

DATED this…………………… day of…………………………………… 2020.

                                                                                                                                 …………………………….

                                                                                                                                  REGISTRAR

 

 

 

 

N.B.  This Writ is to be served within six calendar months from the date thereof or, if renewed, within three calendar months from the date of the last renewal, including the day of such date and not afterwards.

The Defendants may enter appearance personally or by Legal Practitioner either by handing in the appropriate forms, duly completed, at the Registry of the National Industrial Court of the Judicial Division in which the action is brought or by sending them to the Registrar by registered post

 

 

MEMORANDUM TO BE SUBSCRIBED ON THE COMPLAINT

N.B. This Complaint is to be served within six calendar months from the date thereof or, if renewed, within three calendar months from the date of the last renewal, including the day of such date and not afterwards.

The Defendants may enter appearance personally or by Legal Practitioner either by handing in the appropriate forms, duly completed, at the Registry of the National Industrial Court of the Judicial Division in which the action is brought or by sending them to the Registrar by registered post or as provided in Order 7 Rule 1 of these rules.

 

 

 

 

 

ENDORSEMENT

The Claimants’  claims are for:

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 IN NICN/KD/01/2019 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY HAVING BEEN ENTERED INTO BY MISREPRESENTATION AND MUTUAL OR UNILATERAL MISTAKE OF FACT BY THE PARTIES INDUCED BY FRAUD AND OR MISREPRESENTATION.

 

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 IN NICN/KD/01/2019 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY AS THE CLAIMANTS NEITHER CONSENTED TO THE JUDGMENT BASED ON THE AMOUNT STATED THEREIN NOR SIGNED THE TERMS OF SETTLEMENT UPON WHICH IT WAS BASED AS REQUIRED BY THE NATIONAL INDUSTRIAL COURT RULES 2017.

 

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY HAVING BEEN ENTERED INTO BY NON DISCLOSURE OF FULL MATERIAL FACT.

 

  1. A DECLARATION THAT THE TOTAL AMOUNT OF THE BALANCE ENTITLED TO THE CLAIMANTS TO BE PAID BY THE 1ST DEFENDANT BEING THE BALANCE OF THEIR TERMINAL BENEFITS STAND AT ONE HUNDRED AND FIFTY THREE MILLION NAIRA, ONE HUNDRED AND SIXTEEN THOUSAND SEVEN HUNDRED AND SIXTY SEVEN NAIRA TWENTY-TWO KOBO. (N153, 116,767.22) AS CALCULATED BASED ON THE PROCEDURAL AND MAIN COLLECTIVE AGREEMENT BETWEEN THE NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTION AND ASSOCIATION OF SENIOR STAFF OF BANKS INSURANCE AND FINANCIAL INSTITUTION (AAABIFI), 2005.

 

  1. AN ORDER OF THE HONOURABLE COURT DIRECTING AND MANDATING THE 1ST DEFENDANT TO PAY TO THE CLAIMANTS THE TOTAL AMOUNT OF ONE HUNDRED AND FIFTY THREE MILLION NAIRA, ONE HUNDRED AND SIXTEEN THOUSAND SEVEN HUNDRED AND SIXTY SEVEN NAIRA TWENTY-TWO KOBO. (N153, 116,767.22) BEING THE BALANCE OF THEIR ENTITLLEMENTS  AS THEIR TERMINAL BENEFITS PURSUANT TO  THE PROCEDURAL AND MAIN COLLECTIVE AGREEMENT BETWEEN THE NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTION AND ASSOCIATION OF SENIOR STAFF OF BANKS INSURANCE AND FINANCIAL INSTITUTION  (AAABIFI), 2005.

 

  1. AN ORDER OF THE COURT MANDATING THE 1ST DEFENDANT TO PAY TO THE CLAIMANTS A GENERAL DAMAGE OF FIVE MILLION NAIRA (N5, 000,000) FOR THE TRAUMA SUFFERED BY THE CLAIMANTS SINCE 2017 TILL DATE AS A RESULT OF THE 1ST DEFANDANT’S FAILURE, NEGLECT AND REFUSAL TO PAY THEIR TOTAL AND COMPLETE ENTITLEMENTS.
  2. COST OF LITIGATION OF THREE MILLION NAIRA (N3, 000,000.00).

 

 

This Complaint was issued by MUIDEEN ADEYEMI  BELLO ESQ. of DEJI GBADEYAN & CO. whose address for service is VENERABLE ADEFILA STREET, VENERABLE ADEFILA HOUSE SABO OKE, ILORIN Legal practitioner for the said Claimants of Nigeria.

This Complaint was served by me at ……………………………………………………on the Defendant (here insert mode of service)…………………………………..on the ……………….day of……………………2020

Endorsed the ……………….day of………………2020.

 

 

Signed: ……………………………

 

Address: …………………………..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA JUDICIAL DIVISION

HOLDEN AT KADUNA

SUIT NO:……………….

BETWEEN:

  1. SAIDI SULE
  2. HAMISU ABDULLAHI
  3. ADENIKE SIMON
  4. ADELEYE TOLUWANIOPE
  5. AGBO MOBOLADE OMOWUMI
  6. AZORO UGOCHUKWU
  7. BELLO SHAKIRAT
  8. EGBE BLESSING EVWIERUROMA
  9. EMMANUEL EKANEM
  10. ERNEST UKPEBOR
  11. EZECHI EMEKA DENNIS
  12. GLORIA MATHEW
  13. IROZURU IFEYINWA IFEOMA
  14. JOSEPH TOLUFASHE BABALOLA
  15. KALU NNACHI K
  16. KEMI DIDEN
  17. OLUFEMI AKANJI BAMIDELE
  18. ADEGOKE OLOWOOKERE TAIWO
  19. MAGO VERONICA
  20. MAIMUNA MOHAMMED                                                    CLAIMANTS
  21. ONI OMOLOLA RASHIDAT
  22. OWEN-EKPE MERCY EMMANUEL
  23. OZIOHU AKPAJA
  24. RABIN DAVID
  25. SHERIFAT ADEYEMI-ILUGBO
  26. TOLANI FATIMA OLANIKE
  27. MANU IBRAHIM
  28. IWUEZE NGOZI AWELE
  29. EZE ALOYSIUS CHUKWUMA
  30. OKWY-NRIAGU IFEOMA FRANCES
  31. MAIGIDA MOHAMMED A
  32. ABAYOMI JOSEPH AFANU
  33. AHAMEFULA EMELOGU
  34. BOBOLA OGECHUKWUKA FLORENCE
  35. OLARENWAJU AKINDURO
  36. MOHAMMED AMINU A
  37. TUNDE ADESHINA
  38. UMAR JIKA
  39. YAKUBU IDRIS
  40. CHINEDU OFFOR
  41. NWANGWU OKECHUKWU SYLVESTER
  42. UCHE EZINWA
  43. UDEANI OGECHUKWU
  44. MUNIR OTHMAN
  45. ADEJO OLUYEMISI BUKOLA
  46. ALEKE OLIVER CHUKWUKA
  47. DORIS NWANNEKA
  48. JOHN EGBUCHULEM
  49. OKOYE EBELE
  50. OLARENWAJU JIMOH
  51. OLANREWAJU JOSEPH AKINDUNNI
  52. OLUSOLA ADENIKE EBARETONBOFA
  53. WILLIAMS CHRISTOPHER OLUKAYODE
  54. YUSUF USMAN
  55. AHMED IBRAHIM AHMAD
  56. SOLOMON ECHEGILE
  57. ABRAHAM AIFEGHA
  58. ADEKEMI ADESHINA AYINDE
  59. GOODMAN AIGBOVBIOSA
  60. ADAMS BOLANLE ADEWUNMI
  61. AINA OLUWABUSOLA OMOTOYOSI                        CLAIMANTS
  62. CHINYERE ANOKAM F
  63. CLARA KOMOLAFE
  64. EMBERRU CHINYERE PRINCESS
  65. EMMANUEL ABUYA
  66. HAJARA ISMAILA
  67. OCHIGBO ENE COMFORT
  68. OKONKWO EBERE ROSEMARY
  69. ONYENEKE ANNY
  70. REGINA OBIMAH
  71. UGOCHUKWU AGU
  72. MOPELOLA OREGUNA
  73. ADESEWA AYENI
  74. ADELANA OMOJOLA-ADE ADENIKE
  75. ADEOLA OLUYEMISI ADEWUNMI
  76. AMOGU JOHN AWA
  77. AMUSAN OLUWASEGUN
  78. AYINLA ABIMBOLA
  79. CHRISTIANA A. ADELUSI
  80. DAMILOLA ADUKE NASIRU
  81. DUKE-EJERE CYNTHIA CHINEDU
  82. EKWELONU CORDELIA UZOAMAKA
  83. EZIMMA OGUAGHA
  84. IFEYINWA IWUANYANWU
  85. IGOH SOLOMON OVIE
  86. ILECHUKWU SOMTOCHUKWU
  87. MOGEKWU JENNIFER ISI
  88. NCHE MARIA BETTY
  89.   NWAOFOR NKECHI JOY            
  90. OKE OTIKPO
  91. OMONKOR JOY AIRAGNAJEGBE
  92. ONOVOH EKENE
  93. OWOYEMI OLUWASOLA OLAYEMI
  94. SAMUEL NWANNA PRISCA EDIMA
  95. UGONNA KIZITO EJEAGWU
  96. UMEH PASCAL CHIEDOZIE
  97. UMUNNA JULIANA IFEYINWA                                        CLAIMANTS
  98. ANDREW OMEIRE
  99. JULIET OKERE ANWULIKA
  100. FASHAWE SIMBIAT OMOTAYO
  101. OCHAI AKATU
  102. OGBEBOR FRANCISCA CHINYERE
  103. CHARLES UKAH
  104. C. UKUEJUWAYO
  105. RABIU NASIRU
  106. OSO OLUWAGBENGA
  107. AFOLABI OLUFUMILAYO
  108. JANADA WABA
  109. IGHOMEREHO RITA URUEMUESIRI.

AND

  1. KEYSTONE BANK LTD DEFENDANTS
  2. SANI MUKHTAR MUHAMMED

 

STATEMENT OF FACT

 

  1. The Claimants are Ex- Staffs of the 1st Defendant.
  2. The 1st Defendant is a Company Registered under the Companies and Allied Matters Act for the purpose of operating Banking Services.
  3. The 2nd defendant is an Ex-Staff of the 1st Defendant.
  4. The claimants say that they were all employed by the 1st Defendant through letters to that effect. The letters of claimants’ employment are hereby pleaded and shall be relied upon at the trial.
  5. The Claimants say that they were posted at different branches of the 1st defendant’s Company across Nigeria wherein they performed their Functions diligently.
  6. The Claimants further aver that their employment was ceased or terminated by the 1st Defendant with no fault of them on 29th December 2017 with an assurance of full payment of their terminal benefit. The letters of Cessation of employment are hereby pleaded and shall be relied upon at the trial.
  7. The Claimants aver that, when the 1st Defendant failed to pay their Full terminal Benefit which is higher than what was stated in their Letters of Cessation of Employment, Letters were caused to be written to the Defendant. Copies of the Said letters are hereby pleaded and shall be relied upon at the trial.
  8. The Claimants aver further that inspite of the letters written to the 1st Defendant, the 1st Defendant failed to pay their Full and Complete Entitlements having paid to the Claimants the sum of Three Hundred and twenty one Million, one Hundred and sixty two Thousand, Nine hundred and sixty-seven Naira Five Kobo only (N 321,162,967.05) instead of Four Hundred and Seventy-Four Million, Two Hundred and Seventy-Nine Thousand, Seven Hundred and Thirty-Four Naira and Twenty-Seven Kobo only (N474,279,734.27) upon disengagement or termination of Employment.
  9.  The Claimants Aver that, When it was glaring that the 1st Defendant was not willing to pay the Claimants full entitlements, Sani Mukhtar Muhammed, the 2nd Defendant and one of the Ex-Staff of the 1st Defendant, being in Kaduna, was instructed to liaise with a Counsel to prosecute their Claims and he contacted Lamidi Obaro Esq for and on behalf of all the Claimants as the Claimants are spread all over Nigeria which made meetings and gatherings of all of them impossible.
  10. The claimants say that an action was subsequently filed against the 1st Defendant at the National Industrial Court, Kaduna on 3rd January 2019 in NICN/KD/01/2019  and Sani Mukhtar Muhammed, the 2nd Defendant living in Kaduna was made the sole Witness for the Claimants for Convenience purpose. Copies of the Originating processes filed by both parties together with the Consent judgment are hereby pleaded and shall be relied upon at the trial.
  11. The Claimants aver that Sani Mukhtar Muhammed, the 2nd Defendant did not disclose to the Claimants the amount claimed in the Complaint despite repeated demand by the claimants through Whatsapp or even Phone Calls.
  12. The Claimants aver that for the fact that most of the Claimants except Sani Mukhtar Muhammed, Now the 2nd Defendant were not in Kaduna and those in Kaduna could not be reached at the material time of filing this matter as such the proceedings of Court could not be closely followed and monitored.
  13. The Claimants aver that efforts made by the Claimants to get the Copies of the Processes filed proved abortive as the said Sani Mukhtar Muhammed, the 2nd Defendant continuously hid the processes away from the Claimants.
  14. The Claimants aver that the 2nd Defendant Subsequently informed them that the 1st Defendant was ready to pay them half of their Entitlements which they reluctantly agreed to subject to some modalities to be discussed.
  15. The Claimants aver that the 2nd Defendants later informed them that A Consent Judgment was entered into on their behalf without consulting them on the modalities of the agreement leading to the Consent Judgment.
  16. The Claimants repeatedly requested for the Copy of the said Consent Judgment which Sani Mukhtar Muhammed, now the 2nd Defendant and the Counsel handling the matter refused to give them. A Screenshot of the message sent to the 2nd Defendant on Whatsapp requesting for the Documents relating to the suit filed on 3rd January 2019 in NICN/KD/01/2019 leading to the Consent Judgment and the Judgment itself which were left unreplied by the 2nd Defendant till date are hereby pleaded and shall be relied upon at the trial.
  17. The Claimants aver that, pursuant to the said Consent Judgment, the 2nd Defendant informed the group that the counsel handling the matter Lamidi Obaro Esq. has received banker’s cheque from the 1st Defendant’s Counsel and a list showing each individual claimed Amount which was to be filled by the Claimants; At this stage, the Claimants  were shocked as the amounts claimed by the 2nd Defendant on behalf of the claimants and which were paid to them were different from their Entitlements as guided by AAABIFI 2005 .
  18. The Claimants aver that it is at this stage that the 1st Claimant, residing in Kano was mandated to get a copy of the said Consent Judgment to know what transpired in the Proceedings which he did by consulting an old friend, Muideen Adeyemi Bello Esq, a Legal Practitioner with Supreme Court No: SCN111235 practicing In Ilorin who consulted a Colleague in Kaduna to get the Copy of the Judgment.
  19. The Claimants aver that It is after getting the Judgment that they noticed that the amount clamed in the Complaint as their Outstanding Entitlement was radically different from the amount due to them by the 1st Defendant in line with the Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution  (AAABIFI), 2005. The said Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution  (AAABIFI), 2005 is hereby pleaded and shall be relied upon at the trial.
  20. The Claimants aver that a petition was written to EFCC against the said Sani Mukhtar Muhammed based on some fraudulent dealings he undertook on their behalf and as related to the Consent Judgment and the Five Million Naira (N5, 000,000.00) awarded as Miscellaneous Expenses and others which were not disclosed to them.
  21. The Claimants aver that EFCC informed them that they will investigate the said Sani Mukhtar Muhammed, the 2nd Defendant in relation to some moneys collected on their behalf and not accounted for but as for the Civil Action of Setting aside the Consent Judgment, The EFCC advised them to seek the Services of a Legal Practitioner which they did.
  22. The Claimants also aver that Some of the beneficiaries whose names were also sent to Sani Mukhtar Muhammed for the purpose of prosecuting the case were also omitted by Sani Mukhtar Muhammed in the earlier action filed by the Claimants and referred to in Paragraph 10 above. Some of The said beneficiaries whose names were omitted by Sani Mukhtar Muhammed together with their Staff ID just to mention these few are:

           1.Chima Ekeneme with staff ID CE 1505079 employed by the bank in May 2015;

          2.Monsurat Abati with staff ID MA0602483 employed by the bank February 2006;

  1. Agu Hedwig Ifeoma  with staff ID HA 1603002 employed by the bank in March 2016;
  2. Stella Akpaka  with staff SA 1108119 employed by the bank in August 2011; 
  3. Ben Aluku Jackson with staff ID BA060316 employed by the bank in March 2006;
  4. Philomina Paul Abia with staff ID PA1409012 employed by the bank in September 2014.
  5. The Claimants aver that, following the Preceding Paragraph, the said beneficiaries whose names were missed are taking steps to file a separate action as they were not captured in the Consent Judgment due to the 2nd Defendant’s negligence and non diligence in handling of the matter.
  6. The Claimants also aver that the Amount calculated by the said Sani Mukhtar Muhammed as their outstanding entitlements was not done in line with Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution (AAABIFI), 2005 and as such our Entitlements were wrongly computed by Sani Mukhtar Muhammed, the 2nd Defendant.
  7. The Claimants aver that their Outstanding Entitlements amounting One Hundred and fifty three million naira, one hundred and sixteen thousand seven hundred and sixty seven naira twenty-two kobo. (N153, 116,767.22) have been calculated in line with Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution (AAABIFI), 2005 by them as against what was calculated by Sani Mukhtar Muhammed. A copy of the Balance Sheet showing the Claimants entitlements as against the earlier computation made by Sani Mukhtar Muhammed, the 2nd Defendant and the detailed computation of each Claimant’s entitlement are hereby pleaded and shall be heavily relied upon at the trial.
  8. The Claimants aver that the Calculation earlier made on behalf of the Claimants was as a result of mutual mistake or unilateral mistake induced by misrepresentation between the 1st Defendant and 2nd Defendant who acted for the Claimants in NICN/KD/01/2019.
  9. The Claimants aver that the true nature of the Consent Judgment was not revealed to them and as such the Consent Judgment was obtained by misrepresentation and non disclosure of full facts.
  10. The Claimants further aver that Sani Mukhtar Muhammed, the 2nd Defendant acted fraudulently by not disclosing the true nature of the Proceedings of Court to the Claimants.
  11. The Claimants aver that the Terms of Settlement leading to the Consent Judgment were not signed by the parties as required by the National Industrial Court Rules 2017.
  12. Whereupon the Claimants claim as follows:
  13. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 IN NICN/KD/01/2019 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY HAVING BEEN ENTERED INTO BY MISREPRESENTATION AND MUTUAL OR UNILATERAL MISTAKE OF FACT BY THE PARTIES INDUCED BY FRAUD AND OR MISREPRESENTATION.

 

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 IN NICN/KD/01/2019 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY AS THE CLAIMANTS NEITHER CONSENTED TO THE JUDGMENT BASED ON THE AMOUNT STATED THEREIN NOR SIGNED THE TERMS OF SETTLEMENT UPON WHICH IT WAS BASED AS REQUIRED BY THE NATIONAL INDUSTRIAL COURT RULES 2017.

 

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY HAVING BEEN ENTERED INTO BY NON DISCLOSURE OF FULL MATERIAL FACT.

 

  1. A DECLARATION THAT THE TOTAL AMOUNT OF THE BALANCE ENTITLED TO THE CLAIMANTS TO BE PAID BY THE 1ST DEFENDANT BEING THE BALANCE OF THEIR TERMINAL BENEFITS STAND AT ONE HUNDRED AND FIFTY THREE MILLION NAIRA, ONE HUNDRED AND SIXTEEN THOUSAND SEVEN HUNDRED AND SIXTY SEVEN NAIRA TWENTY-TWO KOBO. (N153, 116,767.22) AS CALCULATED BASED ON THE PROCEDURAL AND MAIN COLLECTIVE AGREEMENT BETWEEN THE NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTION AND ASSOCIATION OF SENIOR STAFF OF BANKS INSURANCE AND FINANCIAL INSTITUTION (AAABIFI), 2005.

                                                                              

  1. AN ORDER OF THE HONOURABLE COURT DIRECTING AND MANDATING THE 1ST DEFENDANT TO PAY TO THE CLAIMANTS THE TOTAL AMOUNT OF ONE HUNDRED AND FIFTY THREE MILLION NAIRA, ONE HUNDRED AND SIXTEEN THOUSAND SEVEN HUNDRED AND SIXTY SEVEN NAIRA TWENTY-TWO KOBO. (N153, 116,767.22) BEING THE BALANCE OF THEIR ENTITLLEMENTS  AS THEIR TERMINAL BENEFITS PURSUANT TO  THE PROCEDURAL AND MAIN COLLECTIVE AGREEMENT BETWEEN THE NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTION AND ASSOCIATION OF SENIOR STAFF OF BANKS INSURANCE AND FINANCIAL INSTITUTION  (AAABIFI), 2005.

 

  1. AN ORDER OF THE COURT MANDATING THE 1ST DEFENDANT TO PAY TO THE CLAIMANTS A GENERAL DAMAGE OF FIVE MILLION NAIRA (N5, 000,000) FOR THE TRAUMA SUFFERED BY THE CLAIMANTS SINCE 2017 TILL DATE AS A RESULT OF THE 1ST DEFANDANT’S FAILURE, NEGLECT AND REFUSAL TO PAY THEIR TOTAL AND COMPLETE ENTITLEMENTS.
  2. COST OF LITIGATION OF THREE MILLION NAIRA (N3, 000,000.00).

DATED THIS 21ST  DAY OF OCTOBER, 2020

 

                                                                                        …………….………………..

                                                                                        M.A BELLO Esq.

                                                                                        CLAIMANTS COUNSEL,

                                                                                                DEJI GBADEYAN & CO.

                                                                                                VENERABLE ADEFILA HOUSE,

                                                                                                VENERABLE ADEFILA STREET,

                                                                                                OFF LAJORIN STREET,

                                                                                                SABO-OKE, ILORIN

 

FOR SERVICE ON

1.THE 1ST DEFENDANT

 KEYSTONE BANK LTD

OFF ADEYEMO ALAKIJA STREET.

VICTORIA ISLAND, LAGOS.

 

  1. THE 2ND DEFENDANT

25, DOLPHONE STREET,

KINKINAU,GRA, KADUNA.

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA JUDICIAL DIVISION

HOLDEN AT KADUNA

SUIT NO:……………….

BETWEEN:

  1. SAIDI SULE
  2. HAMISU ABDULLAHI
  3. ADENIKE SIMON
  4. ADELEYE TOLUWANIOPE
  5. AGBO MOBOLADE OMOWUMI
  6. AZORO UGOCHUKWU
  7. BELLO SHAKIRAT
  8. EGBE BLESSING EVWIERUROMA
  9. EMMANUEL EKANEM
  10. ERNEST UKPEBOR
  11. EZECHI EMEKA DENNIS
  12. GLORIA MATHEW
  13. IROZURU IFEYINWA IFEOMA
  14. JOSEPH TOLUFASHE BABALOLA
  15. KALU NNACHI K
  16. KEMI DIDEN
  17. OLUFEMI AKANJI BAMIDELE
  18. ADEGOKE OLOWOOKERE TAIWO
  19. MAGO VERONICA
  20. MAIMUNA MOHAMMED                                                    CLAIMANTS
  21. ONI OMOLOLA RASHIDAT
  22. OWEN-EKPE MERCY EMMANUEL
  23. OZIOHU AKPAJA
  24. RABIN DAVID
  25. SHERIFAT ADEYEMI-ILUGBO
  26. TOLANI FATIMA OLANIKE
  27. MANU IBRAHIM
  28. IWUEZE NGOZI AWELE
  29. EZE ALOYSIUS CHUKWUMA
  30. OKWY-NRIAGU IFEOMA FRANCES
  31. MAIGIDA MOHAMMED A
  32. ABAYOMI JOSEPH AFANU
  33. AHAMEFULA EMELOGU
  34. BOBOLA OGECHUKWUKA FLORENCE
  35. OLARENWAJU AKINDURO
  36. MOHAMMED AMINU A
  37. TUNDE ADESHINA
  38. UMAR JIKA
  39. YAKUBU IDRIS
  40. CHINEDU OFFOR
  41. NWANGWU OKECHUKWU SYLVESTER
  42. UCHE EZINWA
  43. UDEANI OGECHUKWU
  44. MUNIR OTHMAN
  45. ADEJO OLUYEMISI BUKOLA
  46. ALEKE OLIVER CHUKWUKA
  47. DORIS NWANNEKA
  48. JOHN EGBUCHULEM
  49. OKOYE EBELE
  50. OLARENWAJU JIMOH
  51. OLANREWAJU JOSEPH AKINDUNNI
  52. OLUSOLA ADENIKE EBARETONBOFA
  53. WILLIAMS CHRISTOPHER OLUKAYODE
  54. YUSUF USMAN
  55. AHMED IBRAHIM AHMAD
  56. SOLOMON ECHEGILE
  57. ABRAHAM AIFEGHA
  58. ADEKEMI ADESHINA AYINDE
  59. GOODMAN AIGBOVBIOSA
  60. ADAMS BOLANLE ADEWUNMI
  61. AINA OLUWABUSOLA OMOTOYOSI                        CLAIMANTS
  62. CHINYERE ANOKAM F
  63. CLARA KOMOLAFE
  64. EMBERRU CHINYERE PRINCESS
  65. EMMANUEL ABUYA
  66. HAJARA ISMAILA
  67. OCHIGBO ENE COMFORT
  68. OKONKWO EBERE ROSEMARY
  69. ONYENEKE ANNY
  70. REGINA OBIMAH
  71. UGOCHUKWU AGU
  72. MOPELOLA OREGUNA
  73. ADESEWA AYENI
  74. ADELANA OMOJOLA-ADE ADENIKE
  75. ADEOLA OLUYEMISI ADEWUNMI
  76. AMOGU JOHN AWA
  77. AMUSAN OLUWASEGUN
  78. AYINLA ABIMBOLA
  79. CHRISTIANA A. ADELUSI
  80. DAMILOLA ADUKE NASIRU
  81. DUKE-EJERE CYNTHIA CHINEDU
  82. EKWELONU CORDELIA UZOAMAKA
  83.   EZIMMA OGUAGHA
  84. IFEYINWA IWUANYANWU
  85. IGOH SOLOMON OVIE
  86. ILECHUKWU SOMTOCHUKWU
  87. MOGEKWU JENNIFER ISI
  88. NCHE MARIA BETTY
  89. NWAOFOR NKECHI JOY            
  90. OKE OTIKPO
  91. OMONKOR JOY AIRAGNAJEGBE
  92. ONOVOH EKENE
  93. OWOYEMI OLUWASOLA OLAYEMI
  94. SAMUEL NWANNA PRISCA EDIMA
  95. UGONNA KIZITO EJEAGWU
  96. UMEH PASCAL CHIEDOZIE
  97. UMUNNA JULIANA IFEYINWA                                        CLAIMANTS
  98. ANDREW OMEIRE
  99. JULIET OKERE ANWULIKA
  100. FASHAWE SIMBIAT OMOTAYO
  101. OCHAI AKATU
  102. OGBEBOR FRANCISCA CHINYERE
  103. CHARLES UKAH
  104. C. UKUEJUWAYO
  105. RABIU NASIRU
  106. OSO OLUWAGBENGA
  107. AFOLABI OLUFUMILAYO
  108. JANADA WABA
  109. IGHOMEREHO RITA URUEMUESIRI.

AND

  1. KEYSTONE BANK LTD DEFENDANTS
  2. SANI MUKHTAR MUHAMMED

LIST OF WITNESSES

  1. SAIDI SULE
  2. HAMISU ABDULLAHI

 

DATED THIS 21ST  DAY OF OCTOBER, 2020

 

                                                                                        …………….………………..

                                                                                        M.A BELLO Esq.

                                                                                        CLAIMANTS COUNSEL,

                                                                                                DEJI GBADEYAN & CO.

                                                                                                VENERABLE ADEFILA HOUSE,

                                                                                                VENERABLE ADEFILA STREET,

                                                                                                OFF LAJORIN STREET,

                                                                                                SABO-OKE, ILORIN

FOR SERVICE ON

1.THE 1ST DEFENDANT

 KEYSTONE BANK LTD

OFF ADEYEMO ALAKIJA STREET.

VICTORIA ISLAND, LAGOS.

 

  1. THE 2ND DEFENDANT

25, DOLPHONE STREET,

KINKINAU,GRA, KADUNA.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA JUDICIAL DIVISION

HOLDEN AT KADUNA

SUIT NO:……………….

BETWEEN:

  1. SAIDI SULE
  2. HAMISU ABDULLAHI
  3. ADENIKE SIMON
  4. ADELEYE TOLUWANIOPE
  5. AGBO MOBOLADE OMOWUMI
  6. AZORO UGOCHUKWU
  7. BELLO SHAKIRAT
  8. EGBE BLESSING EVWIERUROMA
  9. EMMANUEL EKANEM
  10. ERNEST UKPEBOR
  11. EZECHI EMEKA DENNIS
  12. GLORIA MATHEW
  13. IROZURU IFEYINWA IFEOMA
  14. JOSEPH TOLUFASHE BABALOLA
  15. KALU NNACHI K
  16. KEMI DIDEN
  17. OLUFEMI AKANJI BAMIDELE
  18. ADEGOKE OLOWOOKERE TAIWO
  19. MAGO VERONICA
  20. MAIMUNA MOHAMMED                                                    CLAIMANTS
  21. ONI OMOLOLA RASHIDAT
  22. OWEN-EKPE MERCY EMMANUEL
  23. OZIOHU AKPAJA
  24. RABIN DAVID
  25. SHERIFAT ADEYEMI-ILUGBO
  26. TOLANI FATIMA OLANIKE
  27. MANU IBRAHIM
  28. IWUEZE NGOZI AWELE
  29. EZE ALOYSIUS CHUKWUMA
  30. OKWY-NRIAGU IFEOMA FRANCES
  31. MAIGIDA MOHAMMED A
  32. ABAYOMI JOSEPH AFANU
  33. AHAMEFULA EMELOGU
  34. BOBOLA OGECHUKWUKA FLORENCE
  35. OLARENWAJU AKINDURO
  36. MOHAMMED AMINU A
  37. TUNDE ADESHINA
  38. UMAR JIKA
  39. YAKUBU IDRIS
  40. CHINEDU OFFOR
  41. NWANGWU OKECHUKWU SYLVESTER
  42. UCHE EZINWA
  43. UDEANI OGECHUKWU
  44. MUNIR OTHMAN
  45. ADEJO OLUYEMISI BUKOLA
  46. ALEKE OLIVER CHUKWUKA
  47. DORIS NWANNEKA
  48. JOHN EGBUCHULEM
  49. OKOYE EBELE
  50. OLARENWAJU JIMOH
  51. OLANREWAJU JOSEPH AKINDUNNI
  52. OLUSOLA ADENIKE EBARETONBOFA
  53. WILLIAMS CHRISTOPHER OLUKAYODE
  54. YUSUF USMAN
  55. AHMED IBRAHIM AHMAD
  56. SOLOMON ECHEGILE
  57. ABRAHAM AIFEGHA
  58. ADEKEMI ADESHINA AYINDE
  59. GOODMAN AIGBOVBIOSA
  60. ADAMS BOLANLE ADEWUNMI
  61. AINA OLUWABUSOLA OMOTOYOSI                        CLAIMANTS
  62. CHINYERE ANOKAM F
  63. CLARA KOMOLAFE
  64. EMBERRU CHINYERE PRINCESS
  65. EMMANUEL ABUYA
  66. HAJARA ISMAILA
  67. OCHIGBO ENE COMFORT
  68. OKONKWO EBERE ROSEMARY
  69. ONYENEKE ANNY
  70. REGINA OBIMAH
  71. UGOCHUKWU AGU
  72. MOPELOLA OREGUNA
  73. ADESEWA AYENI
  74. ADELANA OMOJOLA-ADE ADENIKE
  75. ADEOLA OLUYEMISI ADEWUNMI
  76. AMOGU JOHN AWA
  77. AMUSAN OLUWASEGUN
  78. AYINLA ABIMBOLA
  79. CHRISTIANA A. ADELUSI
  80. DAMILOLA ADUKE NASIRU
  81. DUKE-EJERE CYNTHIA CHINEDU
  82. EKWELONU CORDELIA UZOAMAKA
  83. EZIMMA OGUAGHA
  84. IFEYINWA IWUANYANWU
  85. IGOH SOLOMON OVIE
  86. ILECHUKWU SOMTOCHUKWU
  87. MOGEKWU JENNIFER ISI
  88. NCHE MARIA BETTY
  89. NWAOFOR NKECHI JOY            
  90. OKE OTIKPO
  91. OMONKOR JOY AIRAGNAJEGBE
  92. ONOVOH EKENE
  93. OWOYEMI OLUWASOLA OLAYEMI
  94. SAMUEL NWANNA PRISCA EDIMA
  95. UGONNA KIZITO EJEAGWU
  96. UMEH PASCAL CHIEDOZIE
  97. UMUNNA JULIANA IFEYINWA                                        CLAIMANTS
  98. ANDREW OMEIRE
  99. JULIET OKERE ANWULIKA
  100. FASHAWE SIMBIAT OMOTAYO
  101. OCHAI AKATU
  102. OGBEBOR FRANCISCA CHINYERE
  103. CHARLES UKAH
  104. C. UKUEJUWAYO
  105. RABIU NASIRU
  106. OSO OLUWAGBENGA
  107. AFOLABI OLUFUMILAYO
  108. JANADA WABA
  109. IGHOMEREHO RITA URUEMUESIRI.

AND

  1. KEYSTONE BANK LTD DEFENDANTS
  2. SANI MUKHTAR MUHAMMED

 

LIST OF DOCUMENTS

 

  1. The letters of claimants’ employment
  2. The letters of claimants’ cessation of employment
  3. The Copies of the letters OF demand.
  4. Copies of the Originating processes filed by both parties together with the Consent judgment
  5. The Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution (AAABIFI), 2005
  6. The Balance Sheet showing the Claimants entitlements as against the earlier computation made by Sani Mukhtar Muhammed, the 2nd defendant and the detailed computation of each Claimants entitlement.
  7. A Screenshot of the message sent to the 2nd Defendant on Whatsapp requesting for the Documents relating to the suit filed on 3rd January 2019 in NICN/KD/01/2019 leading to the Consent Judgment and the Judgment itself

 

DATED THIS 21ST  DAY OF OCTOBER, 2020

 

                                                                                        …………….………………..

                                                                                        M.A BELLO Esq.

                                                                                        CLAIMANTS COUNSEL,

                                                                                                DEJI GBADEYAN & CO.

                                                                                                VENERABLE ADEFILA HOUSE,

                                                                                                VENERABLE ADEFILA STREET,

                                                                                                OFF LAJORIN STREET,

                                                                                                SABO-OKE, ILORIN

FOR SERVICE ON

1.THE 1ST DEFENDANT

 KEYSTONE BANK LTD

OFF ADEYEMO ALAKIJA STREET.

VICTORIA ISLAND, LAGOS.

 

  1. THE 2ND DEFENDANT

25, DOLPHONE STREET,

KINKINAU,GRA, KADUNA.

 

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA JUDICIAL DIVISION

HOLDEN AT KADUNA

SUIT NO:……………….

BETWEEN:

  1. SAIDI SULE
  2. HAMISU ABDULLAHI
  3. ADENIKE SIMON
  4. ADELEYE TOLUWANIOPE
  5. AGBO MOBOLADE OMOWUMI
  6. AZORO UGOCHUKWU
  7. BELLO SHAKIRAT
  8. EGBE BLESSING EVWIERUROMA
  9. EMMANUEL EKANEM
  10. ERNEST UKPEBOR
  11. EZECHI EMEKA DENNIS
  12. GLORIA MATHEW
  13. IROZURU IFEYINWA IFEOMA
  14. JOSEPH TOLUFASHE BABALOLA
  15. KALU NNACHI K
  16. KEMI DIDEN
  17. OLUFEMI AKANJI BAMIDELE
  18. ADEGOKE OLOWOOKERE TAIWO
  19. MAGO VERONICA
  20. MAIMUNA MOHAMMED                                                    CLAIMANTS
  21. ONI OMOLOLA RASHIDAT
  22. OWEN-EKPE MERCY EMMANUEL
  23. OZIOHU AKPAJA
  24. RABIN DAVID
  25. SHERIFAT ADEYEMI-ILUGBO
  26. TOLANI FATIMA OLANIKE
  27. MANU IBRAHIM
  28. IWUEZE NGOZI AWELE
  29. EZE ALOYSIUS CHUKWUMA
  30. OKWY-NRIAGU IFEOMA FRANCES
  31. MAIGIDA MOHAMMED A
  32. ABAYOMI JOSEPH AFANU
  33. AHAMEFULA EMELOGU
  34. BOBOLA OGECHUKWUKA FLORENCE
  35. OLARENWAJU AKINDURO
  36. MOHAMMED AMINU A
  37. TUNDE ADESHINA
  38. UMAR JIKA
  39. YAKUBU IDRIS
  40. CHINEDU OFFOR
  41. NWANGWU OKECHUKWU SYLVESTER
  42. UCHE EZINWA
  43. UDEANI OGECHUKWU
  44. MUNIR OTHMAN
  45. ADEJO OLUYEMISI BUKOLA
  46. ALEKE OLIVER CHUKWUKA
  47. DORIS NWANNEKA
  48. JOHN EGBUCHULEM
  49. OKOYE EBELE
  50. OLARENWAJU JIMOH
  51. OLANREWAJU JOSEPH AKINDUNNI
  52. OLUSOLA ADENIKE EBARETONBOFA
  53. WILLIAMS CHRISTOPHER OLUKAYODE
  54. YUSUF USMAN
  55. AHMED IBRAHIM AHMAD
  56. SOLOMON ECHEGILE
  57. ABRAHAM AIFEGHA
  58. ADEKEMI ADESHINA AYINDE
  59. GOODMAN AIGBOVBIOSA
  60. ADAMS BOLANLE ADEWUNMI
  61. AINA OLUWABUSOLA OMOTOYOSI                        CLAIMANTS
  62. CHINYERE ANOKAM F
  63. CLARA KOMOLAFE
  64. EMBERRU CHINYERE PRINCESS
  65. EMMANUEL ABUYA
  66. HAJARA ISMAILA
  67. OCHIGBO ENE COMFORT
  68. OKONKWO EBERE ROSEMARY
  69. ONYENEKE ANNY
  70. REGINA OBIMAH
  71. UGOCHUKWU AGU
  72. MOPELOLA OREGUNA
  73. ADESEWA AYENI
  74. ADELANA OMOJOLA-ADE ADENIKE
  75. ADEOLA OLUYEMISI ADEWUNMI
  76. AMOGU JOHN AWA
  77. AMUSAN OLUWASEGUN
  78. AYINLA ABIMBOLA
  79. CHRISTIANA A. ADELUSI
  80. DAMILOLA ADUKE NASIRU
  81. DUKE-EJERE CYNTHIA CHINEDU
  82. EKWELONU CORDELIA UZOAMAKA
  83. EZIMMA OGUAGHA
  84. IFEYINWA IWUANYANWU
  85. IGOH SOLOMON OVIE
  86. ILECHUKWU SOMTOCHUKWU
  87. MOGEKWU JENNIFER ISI
  88. NCHE MARIA BETTY
  89. NWAOFOR NKECHI JOY            
  90. OKE OTIKPO
  91. OMONKOR JOY AIRAGNAJEGBE
  92. ONOVOH EKENE
  93. OWOYEMI OLUWASOLA OLAYEMI
  94. SAMUEL NWANNA PRISCA EDIMA
  95. UGONNA KIZITO EJEAGWU
  96. UMEH PASCAL CHIEDOZIE
  97. UMUNNA JULIANA IFEYINWA                                        CLAIMANTS
  98. ANDREW OMEIRE
  99. JULIET OKERE ANWULIKA
  100. FASHAWE SIMBIAT OMOTAYO
  101. OCHAI AKATU
  102. OGBEBOR FRANCISCA CHINYERE
  103. CHARLES UKAH
  104. C. UKUEJUWAYO
  105. RABIU NASIRU
  106. OSO OLUWAGBENGA
  107. AFOLABI OLUFUMILAYO
  108. JANADA WABA
  109. IGHOMEREHO RITA URUEMUESIRI.

AND

  1. KEYSTONE BANK LTD DEFENDANTS
  2. SANI MUKHTAR MUHAMMED

 

CLAIMANTS’S WITNESS 1 WRITTEN STATEMENT ON OATH

I, SAIDI SULE,Male, Muslim, businessman, Nigerian citizen of …….. Kano, do make oath and state as follows;

  1. I am the 1st claimant in this suit, an ex Staff of the 1st Defendant.
  2. I say that all of us, The Claimants herein are Ex- Staffs of the 1st Defendant.
  3. I know that The 1st Defendant is a Company Registered under the Companies and Allied Matters Act for the purpose of operating Banking Services.
  4. I also know that the 2nd defendant is an Ex-Staff of the 1st Defendant.
  5. I say that we were all employed by the 1st Defendant through letters to that effect. The letters of claimants’ employment are hereby pleaded and shall be relied upon at the trial.
  6. I know that we were posted at different branches of the 1st defendant’s Company across Nigeria wherein we performed our Functions diligently.
  7. I say that our employment was ceased or terminated by the 1st Defendant with no fault of ours on 29th December 2017 with an assurance of full payment of their terminal benefit. The letters of Cessation of employment are hereby tendered in evidence and sought to be marked as exhibit.
  8. I know that when the 1st Defendant failed to pay Our Full terminal Benefit which is higher than what was stated in Our Letters of Cessation of Employment, Letters were caused to be written to the 1st Defendant. Copies of the Said letters are hereby tendered in evidence and sought to be marked as exhibit.
  9. I know that inspite of the letters written to the 1st Defendant, the 1st Defendant failed to pay Our Full and Complete Entitlements having paid to us, the Claimants the sum of Three Hundred and twenty one Million, one Hundred and sixty two Thousand Thousand, Nine hundred and sixty-seven Naira Five Kobo only (N 321,162,967.05) instead of Four Hundred and Seventy-Four Million, Two Hundred and Seventy-Nine Thousand, Seven Hundred and Thirty-Four Naira and Twenty-Seven Kobo only (N474,279,734.27) upon disengagement or termination of Employment.
  10. I know that When it was glaring that the 1st Defendant was not willing to pay our entitlements, Sani Mukhtar Muhammed, the 2nd Defendant and one of the Ex-Staff of the 1st Defendant, being in Kaduna, was instructed to liaise with a Counsel to prosecute our Claims and he contactedvLamidi Obaro Esq for and on our behalf as we, the Claimants are spread all over Nigeria which made meetings and gatherings of us impossible.
  11. I say that an action was subsequently filed against the 1st Defendant at the National Industrial Court, Kaduna on 3rd January 2019 in NICN/KD/01/2019 and Sani Mukhtar Muhammed, the 2nd Defendant living in Kaduna was made the sole Witness for the Claimants for Convenience purpose. Copies of the Originating processes filed by both parties together with the Consent judgment are hereby tendered in evidence and sought to be marked as exhibit.
  12. I know that Sani Mukhtar Muhammed, the 2nd Defendant did not disclose to us the amount claimed in the Complaint despite repeated demand by we, the claimants through Whatsapp or even Phone Calls.
  13. I know that for the fact that most of us, the Claimants except Sani Mukhtar Muhammed, Now the 2nd Defendant were not in Kaduna and those in Kaduna could not be reached at the material time of filing this matter as such the proceedings of Court could not be closely followed and monitored.
  14. I say that efforts made by the Claimants to get the Copies of the Processes filed proved abortive as the said Sani Mukhtar Muhammed, the 2nd Defendant continuously hid the processes away from the Claimants.
  15. I know that the 2nd Defendant Subsequently informed us that the 1st Defendant was ready to pay them half of their Entitlements which they reluctantly agreed to subject to some modalities to be discussed.
  16. I know that the 2nd Defendant later informed them that A Consent Judgment was entered into on their behalf without consulting them on the modalities of the agreement leading to the Consent Judgment.
  17. I know that we, The Claimants repeatedly requested for the Copy of the said Consent Judgment which Sani Mukhtar Muhammed, now the 2nd Defendant and the Counsel handling the matter refused to give us. A Screenshot of the message sent to the 2nd Defendant on Whatsapp requesting for the Documents relating to the suit filed on 3rd January 2019 in NICN/KD/01/2019 leading to the Consent Judgment and the Judgment itself which were left unreplied by the 2nd Defendant till date are hereby tendered in evidence and sought to be marked as exhibit.
  18. I again know that pursuant to the said Consent Judgment, the 2nd Defendant informed us, The Claimants in the group that the counsel handling the matter Lamidi Obaro Esq. has received banker’s cheque from the 1st Defendant’s Counsel and a list showing each individual claimed Amount which was to be filled by the Claimants; At this stage, We, the Claimants were shocked as the amounts claimed by the 2nd Defendant on behalf of us,  the claimants and which were paid to us were different from our Entitlements as guided by AAABIFI 2005.
  19. I know that it is at this stage that I, the 1st Claimant, residing in Kano was mandated to get a copy of the said Consent Judgment to know what transpired in the Proceedings which I did by consulting an old friend, Muideen Adeyemi Bello Esq, a Legal Practitioner with Supreme Court No: SCN111235 practicing In Ilorin who consulted a Colleague in Kaduna to get the Copy of the Judgment.
  20. I know as a fact that It is after getting the Judgment that we noticed that the   amount claimed in the Complaint is radically different from the amount due to them by the 1st Defendant in line with the Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution  (AAABIFI), 2005. The said Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution  (AAABIFI), 2005 is hereby tendered in evidence and sought to be marked as exhibit.
  21.  I know that a petition was written to EFCC against the said Sani Mukhtar Muhammed based on some fraudulent dealings he undertook on our behalf and as related to the Consent Judgment and the Five Million Naira (N5, 000,000.00) awarded as Miscellaneous Expenses and others which were not disclosed to us.
  22. I know that EFCC informed us that they will investigate the said Sani Mukhtar Muhammed, the 2nd Defendant in relation to some moneys collected on their behalf and not accounted for but as for the Civil Action of Setting aside the Consent Judgment, The EFCC advised us to seek the Services of a Legal Practitioner which We did.
  23. I also know that Some of the beneficiaries whose names were also sent to Sani Mukhtar Muhammed for the purpose of prosecuting the case were also omitted by Sani Mukhtar Muhammed in the earlier action filed by us, Claimants and referred to in Paragraph 10 above. Some of The said beneficiaries whose names were omitted by Sani Mukhtar Muhammed together with their Staff ID just to mention these few are:

           1.Chima Ekeneme with staff ID CE 1505079 employed by the bank in May 2015;

          2.Monsurat Abati with staff ID MA0602483 employed by the bank February 2006;

  1. Agu Hedwig Ifeoma  with staff ID HA 1603002 employed by the bank in March 2016;
  2. Stella Akpaka  with staff SA 1108119 employed by the bank in August 2011; 
  3. Ben Aluku Jackson with staff ID BA060316 employed by the bank in March 2006;
  4. Philomina Paul Abia with staff ID PA1409012 employed by the bank in September 2014.
  5. I know that the said beneficiaries whose names were missed are taking steps to file a separate action as they were not captured in the Consent Judgment due to the 2nd Defendant’s negligence and non diligence in handling of the matter.
  6. I again Say that the Amount calculated by the said Sani Mukhtar Muhammed as our entitlements was not done in line with Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution (AAABIFI), 2005 and as such our Entitlements were wrongly computed by Sani Mukhtar Muhammed, the 2nd Defendant.
  7. I say that our Entitlements have been calculated in line with Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution (AAABIFI), 2005 by us, the claimants as against what was calculated by Sani Mukhtar Muhammed. A copy of the Balance Sheet showing the Claimants entitlements as against the earlier computation made by Sani Mukhtar Muhammed, the 2nd Defendant and the detailed computation of each Claimant’s entitlement is hereby tendered in evidence and sought to be marked as exhibit.
  8. I say that the Calculation earlier made on our behalf was as a result of mutual mistake or unilateral mistake induced by misrepresentation between the 1st Defendant and 2nd Defendant who acted for us, the Claimants in NICN/KD/01/2019.
  9. I say that the true nature of the Consent Judgment was not revealed to us and as such the Consent Judgment was obtained by misrepresentation and non disclosure of full facts.
  10. I further say that Sani Mukhtar Muhammed,the 2nd Defendant acted fraudulently by not disclosing the true nature of the Proceedings of Court.
  11. I know that the Terms of Settlement leading to a Consent Judgment were not signed by the parties as required by the National Industrial Court Rules 2017.
  12. Whereupon We, the Claimants claim as follows:
  13. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 IN NICN/KD/01/2019 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY HAVING BEEN ENTERED INTO BY MISREPRESENTATION AND MUTUAL OR UNILATERAL MISTAKE OF FACT BY THE PARTIES INDUCED BY FRAUD AND OR MISREPRESENTATION.

 

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 IN NICN/KD/01/2019 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY AS THE CLAIMANTS NEITHER CONSENTED TO THE JUDGMENT BASED ON THE AMOUNT STATED THEREIN NOR SIGNED THE TERMS OF SETTLEMENT UPON WHICH IT WAS BASED AS REQUIRED BY THE NATIONAL INDUSTRIAL COURT RULES 2017.

 

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY HAVING BEEN ENTERED INTO BY NON DISCLOSURE OF FULL MATERIAL FACT.

 

  1. A DECLARATION THAT THE TOTAL AMOUNT OF THE BALANCE ENTITLED TO THE CLAIMANTS TO BE PAID BY THE 1ST DEFENDANT BEING THE BALANCE OF THEIR TERMINAL BENEFITS STAND AT ONE HUNDRED AND FIFTY THREE MILLION NAIRA, ONE HUNDRED AND SIXTEEN THOUSAND SEVEN HUNDRED AND SIXTY SEVEN NAIRA TWENTY-TWO KOBO. (N153, 116,767.22) AS CALCULATED BASED ON THE PROCEDURAL AND MAIN COLLECTIVE AGREEMENT BETWEEN THE NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTION AND ASSOCIATION OF SENIOR STAFF OF BANKS INSURANCE AND FINANCIAL INSTITUTION (AAABIFI), 2005.

 

  1. AN ORDER OF THE HONOURABLE COURT DIRECTING AND MANDATING THE 1ST DEFENDANT TO PAY TO THE CLAIMANTS THE TOTAL AMOUNT OF ONE HUNDRED AND FIFTY THREE MILLION NAIRA, ONE HUNDRED AND SIXTEEN THOUSAND SEVEN HUNDRED AND SIXTY SEVEN NAIRA TWENTY-TWO KOBO. (N153, 116,767.22) BEING THE BALANCE OF THEIR ENTITLLEMENTS  AS THEIR TERMINAL BENEFITS PURSUANT TO  THE PROCEDURAL AND MAIN COLLECTIVE AGREEMENT BETWEEN THE NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTION AND ASSOCIATION OF SENIOR STAFF OF BANKS INSURANCE AND FINANCIAL INSTITUTION  (AAABIFI), 2005.

 

  1. AN ORDER OF THE COURT MANDATING THE 1ST DEFENDANT TO PAY TO THE CLAIMANTS A GENERAL DAMAGE OF FIVE MILLION NAIRA (N5, 000,000) FOR THE TRAUMA SUFFERED BY THE CLAIMANTS SINCE 2017 TILL DATE AS A RESULT OF THE 1ST DEFANDANT’S FAILURE, NEGLECT AND REFUSAL TO PAY THEIR TOTAL AND COMPLETE ENTITLEMENTS.
  2. COST OF LITIGATION OF THREE MILLION NAIRA (N3, 000,000.00).

 

That I depose to this statement in good faith, believing its contents to be true and in accordance with the Oaths Act, 2004.

…………………….

                                                                                                                                   DEPONENT

 

SWORN TO AT THE NATIONAL INDUSTRIAL COURT REGISTRY, KADUNA

DATED THIS …………. DAY OF ……………..……. 2020

BEFORE ME

 

 

COMMISSIONER FOR OATHS

 

 

 

 

 

 

 

 

 

 

 

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA JUDICIAL DIVISION

HOLDEN AT KADUNA

SUIT NO:……………….

BETWEEN:

  1. SAIDI SULE
  2. HAMISU ABDULLAHI
  3. ADENIKE SIMON
  4. ADELEYE TOLUWANIOPE
  5. AGBO MOBOLADE OMOWUMI
  6. AZORO UGOCHUKWU
  7. BELLO SHAKIRAT
  8. EGBE BLESSING EVWIERUROMA
  9. EMMANUEL EKANEM
  10. ERNEST UKPEBOR
  11. EZECHI EMEKA DENNIS
  12. GLORIA MATHEW
  13. IROZURU IFEYINWA IFEOMA
  14. JOSEPH TOLUFASHE BABALOLA
  15. KALU NNACHI K
  16. KEMI DIDEN
  17. OLUFEMI AKANJI BAMIDELE
  18. ADEGOKE OLOWOOKERE TAIWO
  19. MAGO VERONICA
  20. MAIMUNA MOHAMMED                                                    CLAIMANTS
  21. ONI OMOLOLA RASHIDAT
  22. OWEN-EKPE MERCY EMMANUEL
  23. OZIOHU AKPAJA
  24. RABIN DAVID
  25. SHERIFAT ADEYEMI-ILUGBO
  26. TOLANI FATIMA OLANIKE
  27. MANU IBRAHIM
  28. IWUEZE NGOZI AWELE
  29. EZE ALOYSIUS CHUKWUMA
  30. OKWY-NRIAGU IFEOMA FRANCES
  31. MAIGIDA MOHAMMED A
  32. ABAYOMI JOSEPH AFANU
  33. AHAMEFULA EMELOGU
  34. BOBOLA OGECHUKWUKA FLORENCE
  35. OLARENWAJU AKINDURO
  36. MOHAMMED AMINU A
  37. TUNDE ADESHINA
  38. UMAR JIKA
  39. YAKUBU IDRIS
  40. CHINEDU OFFOR
  41. NWANGWU OKECHUKWU SYLVESTER
  42. UCHE EZINWA
  43. UDEANI OGECHUKWU
  44. MUNIR OTHMAN
  45. ADEJO OLUYEMISI BUKOLA
  46. ALEKE OLIVER CHUKWUKA
  47. DORIS NWANNEKA
  48. JOHN EGBUCHULEM
  49. OKOYE EBELE
  50. OLARENWAJU JIMOH
  51. OLANREWAJU JOSEPH AKINDUNNI
  52. OLUSOLA ADENIKE EBARETONBOFA
  53. WILLIAMS CHRISTOPHER OLUKAYODE
  54. YUSUF USMAN
  55. AHMED IBRAHIM AHMAD
  56. SOLOMON ECHEGILE
  57. ABRAHAM AIFEGHA
  58. ADEKEMI ADESHINA AYINDE
  59. GOODMAN AIGBOVBIOSA
  60. ADAMS BOLANLE ADEWUNMI
  61. AINA OLUWABUSOLA OMOTOYOSI                        CLAIMANTS
  62. CHINYERE ANOKAM F
  63. CLARA KOMOLAFE
  64. EMBERRU CHINYERE PRINCESS
  65. EMMANUEL ABUYA
  66. HAJARA ISMAILA
  67. OCHIGBO ENE COMFORT
  68. OKONKWO EBERE ROSEMARY
  69. ONYENEKE ANNY
  70. REGINA OBIMAH
  71. UGOCHUKWU AGU
  72. MOPELOLA OREGUNA
  73. ADESEWA AYENI
  74. ADELANA OMOJOLA-ADE ADENIKE
  75. ADEOLA OLUYEMISI ADEWUNMI
  76. AMOGU JOHN AWA
  77. AMUSAN OLUWASEGUN
  78. AYINLA ABIMBOLA
  79. CHRISTIANA A. ADELUSI
  80. DAMILOLA ADUKE NASIRU
  81. DUKE-EJERE CYNTHIA CHINEDU
  82. EKWELONU CORDELIA UZOAMAKA
  83. EZIMMA OGUAGHA
  84. IFEYINWA IWUANYANWU
  85. IGOH SOLOMON OVIE
  86. ILECHUKWU SOMTOCHUKWU
  87. MOGEKWU JENNIFER ISI
  88. NCHE MARIA BETTY
  89. NWAOFOR NKECHI JOY            
  90. OKE OTIKPO
  91. OMONKOR JOY AIRAGNAJEGBE
  92. ONOVOH EKENE
  93. OWOYEMI OLUWASOLA OLAYEMI
  94. SAMUEL NWANNA PRISCA EDIMA
  95. UGONNA KIZITO EJEAGWU
  96. UMEH PASCAL CHIEDOZIE
  97. UMUNNA JULIANA IFEYINWA                                        CLAIMANTS
  98. ANDREW OMEIRE
  99. JULIET OKERE ANWULIKA
  100. FASHAWE SIMBIAT OMOTAYO
  101. OCHAI AKATU
  102. OGBEBOR FRANCISCA CHINYERE
  103. CHARLES UKAH
  104. C. UKUEJUWAYO
  105. RABIU NASIRU
  106. OSO OLUWAGBENGA
  107. AFOLABI OLUFUMILAYO
  108. JANADA WABA
  109. IGHOMEREHO RITA URUEMUESIRI.

AND

  1. KEYSTONE BANK LTD DEFENDANTS
  2. SANI MUKHTAR MUHAMMED

 

CLAIMANTS’ 2nd WITNESS’ STATEMENT ON OATH

I, HAMISU ABDULLAHI, Male, Muslim, businessman, Nigerian citizen of …….. Kaduna, do make oath and state as follows;

  1. I am the 2nd claimant in this suit, an ex Staff of the 1st
  2. I say that all of us, The Claimants herein are Ex- Staffs of the 1st
  3. I know that The 1st Defendant is a Company Registered under the Companies and Allied Matters Act for the purpose of operating Banking Services.
  4. I also know that the 2nd defendant is an Ex-Staff of the 1st Defendant.
  5. I say that we were all employed by the 1st Defendant through letters to that effect. The letters of claimants’ employment are hereby pleaded and shall be relied upon at the trial.
  6. I know that we were posted at different branches of the 1st defendant’s Company across Nigeria wherein we performed our Functions diligently.
  7. I say that our employment was ceased or terminated by the 1st Defendant with no fault of ours on 29th December 2017 with an assurance of full payment of their terminal benefit. The letters of Cessation of employment are hereby tendered in evidence and sought to be marked as exhibit.
  8. I know that when the 1st Defendant failed to pay Our Full terminal Benefit which is higher than what was stated in Our Letters of Cessation of Employment, Letters were caused to be written to the 1st Defendant. Copies of the Said letters are hereby tendered in evidence and sought to be marked as exhibit.
  9. I know that inspite of the letters written to the 1st Defendant, the 1st Defendant failed to pay Our Full and Complete Entitlements having paid to us, the Claimants the sum of Three Hundred and twenty one Million, one Hundred and sixty two Thousand Thousand, Nine hundred and sixty-seven Naira Five Kobo only (N 321,162,967.05) instead of Four Hundred and Seventy-Four Million, Two Hundred and Seventy-Nine Thousand, Seven Hundred and Thirty-Four Naira and Twenty-Seven Kobo only (N474,279,734.27) upon disengagement or termination of Employment.
  10. I know that When it was glaring that the 1st Defendant was not willing to pay our entitlements, Sani Mukhtar Muhammed, the 2nd Defendant and one of the Ex-Staff of the 1st Defendant, being in Kaduna, was instructed to liaise with a Counsel to prosecute our Claims and he contacted Lamidi Obaro Esq for and on our behalf as we, the Claimants are spread all over Nigeria which made meetings and gatherings of us impossible.
  11. I say that an action was subsequently filed against the 1st Defendant at the National Industrial Court, Kaduna on 3rd January 2019 in NICN/KD/01/2019 and Sani Mukhtar Muhammed, the 2nd Defendant living in Kaduna was made the sole Witness for the Claimants for Convenience purpose. Copies of the Originating processes filed by both parties together with the Consent judgment are hereby tendered in evidence and sought to be marked as exhibit.
  12. I know that Sani Mukhtar Muhammed, the 2nd Defendant did not disclose to us the amount claimed in the Complaint despite repeated demand by we, the claimants through Whatsapp or even Phone Calls.
  13. I know that for the fact that most of us, the Claimants except Sani Mukhtar Muhammed, Now the 2nd Defendant were not in Kaduna and those in Kaduna could not be reached at the material time of filing this matter as such the proceedings of Court could not be closely followed and monitored.
  14. I say that efforts made by the Claimants to get the Copies of the Processes filed proved abortive as the said Sani Mukhtar Muhammed, the 2nd Defendant continuously hid the processes away from the Claimants.
  15. I know that the 2nd Defendant Subsequently informed us that the 1st Defendant was ready to pay them half of their Entitlements which they reluctantly agreed to subject to some modalities to be discussed.
  16. I know that the 2nd Defendant later informed them that A Consent Judgment was entered into on their behalf without consulting them on the modalities of the agreement leading to the Consent Judgment.
  17. I know that we, The Claimants repeatedly requested for the Copy of the said Consent Judgment which Sani Mukhtar Muhammed, now the 2nd Defendant and the Counsel handling the matter refused to give us. A Screenshot of the message sent to the 2nd Defendant on Whatsapp requesting for the Documents relating to the suit filed on 3rd January 2019 in NICN/KD/01/2019 leading to the Consent Judgment and the Judgment itself which were left unreplied by the 2nd Defendant till date are hereby tendered in evidence and sought to be marked as exhibit.
  18. I again know that pursuant to the said Consent Judgment, the 2nd Defendant informed us, The Claimants in the group that the counsel handling the matter Lamidi Obaro Esq. has received banker’s cheque from the 1st Defendant’s Counsel and a list showing each individual claimed Amount which was to be filled by the Claimants; At this stage, We, the Claimants were shocked as the amounts claimed by the 2nd Defendant on behalf of us,  the claimants and which were paid to us were different from our Entitlements as guided by AAABIFI 2005.
  19. I know that it is at this stage that the 1st Claimant, residing in Kano was mandated to get a copy of the said Consent Judgment to know what transpired in the Proceedings which he did by consulting an old friend, Muideen Adeyemi Bello Esq, a Legal Practitioner with Supreme Court No: SCN111235 practicing In Ilorin who consulted a Colleague in Kaduna to get the Copy of the Judgment.
  20. I know as a fact that It is after getting the Judgment that we noticed that the   amount claimed in the Complaint is radically different from the amount due to them by the 1st Defendant in line with the Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution  (AAABIFI), 2005. The said Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution  (AAABIFI), 2005 is hereby tendered in evidence and sought to be marked as exhibit.
  21. I know that a petition was written to EFCC against the said Sani Mukhtar Muhammed based on some fraudulent dealings he undertook on our behalf and as related to the Consent Judgment and the Five Million Naira (N5, 000,000.00) awarded as Miscellaneous Expenses and others which were not disclosed to us.
  22. I know that EFCC informed us that they will investigate the said Sani Mukhtar Muhammed, the 2nd Defendant in relation to some moneys collected on their behalf and not accounted for but as for the Civil Action of Setting aside the Consent Judgment, The EFCC advised us to seek the Services of a Legal Practitioner which We did.
  23. I also know that Some of the beneficiaries whose names were also sent to Sani Mukhtar Muhammed for the purpose of prosecuting the case were also omitted by Sani Mukhtar Muhammed in the earlier action filed by us, Claimants and referred to in Paragraph 10 above. Some of The said beneficiaries whose names were omitted by Sani Mukhtar Muhammed together with their Staff ID just to mention these few are:

           1.Chima Ekeneme with staff ID CE 1505079 employed by the bank in May 2015;

          2.Monsurat Abati with staff ID MA0602483 employed by the bank February 2006;

  1. Agu Hedwig Ifeoma  with staff ID HA 1603002 employed by the bank in March 2016;
  2. Stella Akpaka  with staff SA 1108119 employed by the bank in August 2011; 
  3. Ben Aluku Jackson with staff ID BA060316 employed by the bank in March 2006;
  4. Philomina Paul Abia with staff ID PA1409012 employed by the bank in September 2014.
  5. I know that the said beneficiaries whose names were missed are taking steps to file a separate action as they were not captured in the Consent Judgment due to the 2nd Defendant’s negligence and non diligence in handling of the matter.
  6. I again Say that the Amount calculated by the said Sani Mukhtar Muhammed as our entitlements was not done in line with Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution (AAABIFI), 2005 and as such our Entitlements were wrongly computed by Sani Mukhtar Muhammed, the 2nd Defendant.
  7. I say that our Entitlements have been calculated in line with Procedural and main collective agreement between the Nigeria Employers Association of Banks, Insurance and Allied Institution and Association of Senior Staff of Banks Insurance and Financial Institution (AAABIFI), 2005 by us, the claimants as against what was calculated by Sani Mukhtar Muhammed. A copy of the Balance Sheet showing the Claimants entitlements as against the earlier computation made by Sani Mukhtar Muhammed, the 2nd Defendant and the detailed computation of each Claimant’s entitlement is hereby tendered in evidence and sought to be marked as exhibit.
  8. I say that the Calculation earlier made on our behalf was as a result of mutual mistake or unilateral mistake induced by misrepresentation between the 1st Defendant and 2nd Defendant who acted for us, the Claimants in NICN/KD/01/2019.
  9. I say that the true nature of the Consent Judgment was not revealed to us and as such the Consent Judgment was obtained by misrepresentation and non disclosure of full facts.
  10. I further say that Sani Mukhtar Muhammed,the 2nd Defendant acted fraudulently by not disclosing the true nature of the Proceedings of Court.
  11. I know that the Terms of Settlement leading to a Consent Judgment were not signed by the parties as required by the National Industrial Court Rules 2017.
  12. Whereupon We, the Claimants claim as follows:
  13. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 IN NICN/KD/01/2019 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY HAVING BEEN ENTERED INTO BY MISREPRESENTATION AND MUTUAL OR UNILATERAL MISTAKE OF FACT BY THE PARTIES INDUCED BY FRAUD AND OR MISREPRESENTATION.

 

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 IN NICN/KD/01/2019 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY AS THE CLAIMANTS NEITHER CONSENTED TO THE JUDGMENT BASED ON THE AMOUNT STATED THEREIN NOR SIGNED THE TERMS OF SETTLEMENT UPON WHICH IT WAS BASED AS REQUIRED BY THE NATIONAL INDUSTRIAL COURT RULES 2017.

 

  1. AN ORDER OF THE HONOURABLE COURT SETTING ASIDE THE CONSENT JUDGEMENT DELIVERED BY THIS HONOURABLE COURT ON 9TH JULY 2020 AND ENTERED INTO BY THE 2ND DEFENDANT FOR AND ON BEHALF OF THE CLAIMANTS BEING A NULLITY HAVING BEEN ENTERED INTO BY NON DISCLOSURE OF FULL MATERIAL FACT.

 

  1. A DECLARATION THAT THE TOTAL AMOUNT OF THE BALANCE ENTITLED TO THE CLAIMANTS TO BE PAID BY THE 1ST DEFENDANT BEING THE BALANCE OF THEIR TERMINAL BENEFITS STAND AT ONE HUNDRED AND FIFTY THREE MILLION NAIRA, ONE HUNDRED AND SIXTEEN THOUSAND SEVEN HUNDRED AND SIXTY SEVEN NAIRA TWENTY-TWO KOBO. (N153, 116,767.22) AS CALCULATED BASED ON THE PROCEDURAL AND MAIN COLLECTIVE AGREEMENT BETWEEN THE NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTION AND ASSOCIATION OF SENIOR STAFF OF BANKS INSURANCE AND FINANCIAL INSTITUTION (AAABIFI), 2005.

 

  1. AN ORDER OF THE HONOURABLE COURT DIRECTING AND MANDATING THE 1ST DEFENDANT TO PAY TO THE CLAIMANTS THE TOTAL AMOUNT OF ONE HUNDRED AND FIFTY THREE MILLION NAIRA, ONE HUNDRED AND SIXTEEN THOUSAND SEVEN HUNDRED AND SIXTY SEVEN NAIRA TWENTY-TWO KOBO. (N153, 116,767.22) BEING THE BALANCE OF THEIR ENTITLLEMENTS  AS THEIR TERMINAL BENEFITS PURSUANT TO  THE PROCEDURAL AND MAIN COLLECTIVE AGREEMENT BETWEEN THE NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTION AND ASSOCIATION OF SENIOR STAFF OF BANKS INSURANCE AND FINANCIAL INSTITUTION  (AAABIFI), 2005.

 

  1. AN ORDER OF THE COURT MANDATING THE 1ST DEFENDANT TO PAY TO THE CLAIMANTS A GENERAL DAMAGE OF FIVE MILLION NAIRA (N5, 000,000) FOR THE TRAUMA SUFFERED BY THE CLAIMANTS SINCE 2017 TILL DATE AS A RESULT OF THE 1ST DEFANDANT’S FAILURE, NEGLECT AND REFUSAL TO PAY THEIR TOTAL AND COMPLETE ENTITLEMENTS.
  2. COST OF LITIGATION OF THREE MILLION NAIRA (N3, 000,000.00).

 

That I depose to this statement in good faith, believing its contents to be true and in accordance with the Oaths Act, 2004.

…………………….

                                                                                                                                   DEPONENT

 

SWORN TO AT THE NATIONAL INDUSTRIAL COURT REGISTRY, KADUNA

DATED THIS …………. DAY OF ……………..……. 2020

BEFORE ME

 

 

COMMISSIONER FOR OATHS

 

 

 

 

 

 

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