Human Rights

Can a country that has no respect for courts truly progress?/ Case of Nigerian Hotels Union vs Comrade Alex Odemena

On August 17Th 2012, a senior staff & a key officer/staff of the National Union of Hotels & personal service workers; Comrade Alex Odemena was retired from service while he was at home on his annual leave.
Barrister Emeka Ugwuonye wrote a letter of demand to the Union which was NOT adhered to.
In April 2014, Comrade Alex Odemena, through an Abuja based Lawyer, Nonakachukwu osf, sued the Union to Court to retrieve his retirement benefits which was not forthcoming from the Union.
In Court, the National Union of Hotels contested that their workers condition of service under which Comrade Odemena made his claims has expired because it as not been reviewed since 1999.
On 23rd June 2017, the National industrial Court delivered judgement against the Union and held that the Workers conditions of service under which comrade Odemena made his claims is still valid, since it has not been replaced.
National industrial court 3 Abuja Ordered the Union to calculate the retirement benefits of Comrade Alex Odemena, with the C of C & pay him within 30 days, after which it will attract 10% interest.
Mrs Haastrup of NIC court 3, who delivered the judgement also put fine of 100.000.00Naira only, against the defendant Union.
The judge added, after reading the judgements that; she has balanced the judgement and urged lawyers to take the advantage to put an end to the matter.
Union did not comply with the court order. They rather designed a way to short change Comrade and frustrate the judgement.

On 27th of July 2017, comrade filed an application asking the court to clear an ambiguity which has risen from the court judgement.
Comrade Odemena argued that the order “calculate & pay” is ambiguous as it has no specific amount.
On 14th of December 2017, Justice mrs Haastrup of NIC court 3 Abuja ruled and upheld that after reading the previous judgement over and over. there was no ambiguity found on the letters of her judgement, she dismissed the application and re emphasized that her earlier judgement which ordered National Union of Hotels to calculate Comrade Odemena’s benefits according to the conditions of service.
It is worthy of note that the sum judgement benefit does not include 1979 to 1988, which the court did not give any ruling on it because of a technical hitch.
Comrade is likely to lose the benefits of 10 years active service

Spread the love

Facebook Comments

Comment here

This site uses Akismet to reduce spam. Learn how your comment data is processed.