Hon. Walter Ikechukwu Uzonwanne v. The Speaker, Imo State House Of Assembly & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL ADEMOLA BOLA, JCA (Delivering the leading judgment)

This appeal emanates from the judgment of the National Industrial Court of Nigeria sitting at Owerri Division presided over by Hon. Justice I. S. Galadima which judgment was delivered on 20/01/2020 wherein the court refused to grant the reliefs sought by the claimant (appellant)

on the claim which are as follows:-

“(a) A declaration of the honourable court that the continuous refusal by the defendants to pay to the claimant all his accrued and outstanding salaries, emoluments, allowances and other entitlements is wrongful, unjust and unconstitutional.

(b) A declaration of the honourable court that the claimant is entitled to be paid his full accrued arrears, outstanding salaries, emoluments, allowances and other entitlements from the date of the inception of the 7th Imo house of assembly to the date of termination of the tenure of the house.

(c) An order of the honourable court compelling the defendants to immediately pay to the claimant the sum of two hundred and seventy four million six hundred and thirty six thousand naira two hundred and four naira only. (N274,636,234.00) being the liquidated amount of accrued and outstanding salaries, emoluments, allowances and other entitlements being owed to the claimant by the defendants from the date of the inception of the 7th Imo House of Assembly till the date of the termination of the tenure of the 7th Imo house of assembly.

(d) 10% monthly interest on the above sum from the month of March 2015 to June 2015 and thereafter 15% monthly interest on the above sum from the month of July 2015 till judgment is delivered and thereafter till the amount is fully paid or the final payment is made to the claimant thereof.”

The appellant being displeased with the judgment of the trial court applied for leave of this court, Abuja Division to enforce his right. The application was granted on 6/7/2021 with the leave to file the appropriate notice of appeal which was filed on 15/07/2021. The record of appeal was compiled and transmitted to this court on 29/7/2021.

The appellant’s brief of argument settled by Nwosu Jason Chukwuemeka was filed on 3/9/2021. The respondents brief of argument settled by Azubuike Nwakenta was filed on 15/10/2021. The appellant’s reply brief on points of law to the respondents’ brief was filed on 25/10/2021. Upon the settlement and exchange of briefs, the appeal came up for hearing on 31/1/2024, and judgment was reserved.

Synopsis of background facts

It was the case of the appellant at the trial court that he is entitled to be paid his full accrued arrears, outstanding salaries, emoluments, allowances and other entitlements from the inception of the 7th Imo state House of Assembly to the date of the termination of the tenure thereat.

He further prayed the trial court to pay him the sum of N274,636,234.00 (Two Hundred and Seven Four Million, Six Hundred and Thirty Six, Thousand, Two Hundred and Thirty Four Naira) being liquidated amount accrued and outstanding salaries, emoluments, allowances and other entitlements owed and due to him from the inception of the 3rd respondent herein till its termination.

He also claimed 10% monthly interest on the said sum from the month of March 2015 to June 2015 and thereafter 15% monthly interest on the said sum from the month of July 2015 till the amount is fully paid to him. See pages 176 – 180 of records of appeal.

The respondents contented that the appellant was not entitled to his claims. He argued that the appellant was erroneously sworn into the 7th House of Assembly after deceptively securing the court order of 13/3/2015 from the High Court of Justice holden at Orlu in suit (No. HOR/146/2014. It was further argued that appellant was not entitled to be paid for work that was never done/performed by him in the 7th assembly whilst battling with numerous court cases for 45 months out of the 48 months tenure as he did not represent the Oguta State Constituency in the 7th Assembly during the said period.