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The National Industrial Court has fixed Feb. 27 to hear a motion filed by Mr. Funmilayo Omosule, suspended staff of Oil and Gas Free Zone Authority Administration (OGZAA) against the agency seeking court’s order for applicant to be placed on half-salary.
Omosule had alleged that he was not placed on half-salary in accordance with civil service rules since the defendant decided to suspend him in April 18, 2011 as mandated by law.
Justice Olufunke Anuwe, gave the new date at the instance of the applicant’s Counsel, Mr. Mukhtar Usman on Monday in Abuja.
Usman had brought the attention of the court to the application seeking payment of his client’s half-salary in line with the provision of the civil service rules pending the determination of the substantive suit.
Usman, however, said it was in the interest of justice for the court to decide the application before going into the substantive suit, adding that the prospect of hearing the application at the day’s sitting was bleak.
According to him, the defendant had yet to respond to the application which was filed Jan. 22.
“My Lord, we aware that the defendant counsel, Mr Michael Ajara was entitled to seven days within which he could response, suffice to say that the defence team is still within time to respond to the application.
“In the circumstance, we shall be asking the court to give us a short adjournment to allow the defendant to respond to our application’’, he said.
Both OGFZAA and Omosule had been locked in fierce legal battle to resolve the legality or otherwise of the plaintiff’s suspension, following his petition against some management staff of the agency on alleged corruption.
The agency had via a letter dated April 18, 2011, suspended Omosule as the manager of its Abuja office, on the grounds that he refused to comply with its letter dated Dec. 3, 2010, which had directed him to present the originals of his credentials for verification.
Omosule, however, refuted the claim of the authority, stating rather that he made available to the defendant, Certified True Copies (CTCs) of his educational certificates /credentials, including GCE ‘O Level certificates and degree certificates as instructed.
Omosule had claimed that the originals of his credentials were misplaced in untraceable circumstances as at 2010 when the report to submit originals was made.
The claimant also averred that the CTCs of his certificates submitted to the defendant were certified by the issuing institutions, which included West African Examination Council and the University of Ado-Ekiti, then Ondo State University, Ado-Ekiti respectively.
The claimant is therefore seeking the court ‘s declaration that he was still a staff of the organisation and entitled to all the rights, privileges and benefits due to him by reason of his employment.
He is praying the court for an order directing the defendant to reinstate him to the position of a director, on grade level 17, a position he claimed his contemporaries were currently on.
Omosule is equally seeking for the order of the court to direct the defendant to pay all his outstanding salaries, benefits and entitlement since 2011.
In addition, he is asking the court to order the defendant to pay him the sum of N50 million as exemplary and general damages. (NAN)
