National Industrial Court (NIC), siting in Yenagoa, the Bayelsa State capital, has ordered Federal University, Otuoke, to pay N3,664,119.00 as total sum of money owed Dr. Etumudon Ashien, for his excess load allowance from 2013 to 2017.
The court also asked the university to pay him 30 per cent interest per yearly on the sum owed from October, 2019 until the debt is liquidated and N500,000 as damages.
The presiding Judge, Justice B.A. Alkali, said from every available evidence, both documentary and oral, he was satisfied that the claimant is entitled to earned his excess work load allowance from 2003 to 2017 academic sessions.
Ashien, a lecturer at Federal University, Otuoke, had in suit No NICN/YEN/54/2019, filed a complaint pursuant to Order 3, Rule 2 of the National Industrial Court of Nigeria (Civil Procedures) Rules 2017 on November 13, 2019.
Among other things, he claims against the defendant, “that the sum of N3,662,119.00 (three million, six hundred and sixty-two thousand, one hundred and nineteen naira) only being my Earned Income Allowance for Excess Workload for the 2013/2014, 2014/2015,2015/2016 and 2016/2017 academic sessions, respectively, recently approved and paid by the Federal Government, which sum the defendant has refused to pay to me.”
Delivering judgment, Justice Alkali said it was worrisome and despicable that the defendant (FUO) uses the lecturer for job and refused to pay him, adding that he was employed by Federal Government through the university and not by ASUU.
He said, “More so, the defendant, being an academic institution, cannot function without staff who will put its functions into effect. The claimant is an employee of the defendant, not ASUU.
“A clinical perusal of Exhibit DW001, particularly a letter signed by the Director of Tertiary Education, reveals that the Federal Government released the sum of N25 billion earned allowances for federal universities from 2009 – 2016.
“It is never in dispute that the claimant is an academic staff of the defendant. DW1 stated under cross-examination that each university submitted its claims to the Federal Government before the earned excess allowances were paid and that the claims were based on the number of those, who submitted their earned excess allowances forms.
The claimant, not being a member of ASUU, submitted his forms to Godfrey Okon who was designated by bursar to collect the forms from non-members of ASUU.
He added, “Flowing from the foregoing, I am of the firm stance that not being a member of ASUU cannot be a premise to render the claimant unqualified to claim his Earned Excess Workload Allowances for 2013/2014, 2014/2015, 2015/2016 and 2016/2017 academic sessions.”
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