Absence of judge stalls hearing in rtd AIG Mbu’s suit

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The absence of Justice Osatohanmwen Obaseki-Osaghae of the National Industrial Court Abuja, on Wednesday stalled hearing in the suit filed by retired AIG Joseph Mbu, challenging his alleged compulsory retirement against the Police Service Commission (PSC).

The News Agency of Nigeria (NAN) reports that Obaseki-Osaghae had on May 19 fixed Wednesday for defence.

However, the matter listed on the cause list could not go on due to her absence.

NAN learnt that counsel were informed by the court’s registrar about the unavoidable absence of the judge and proceeded to direct counsel to take new dates for their matters.

Mbu’s matter was consequently adjourned until Oct.13, for the defence to open its case.

NAN reports that Mbu instituted the suit against the Commission over his alleged compulsory retirement of July 1, 2016 when he was the Commandant of Police Staff College.

In his Statement of facts, he stated that he was born April 10, 1958, and joined the Nigeria Police Force ( NPF), on Dec. 11, 1985 and had not reached the mandatory retirement age of 60 nor had he spent 35 years in service before he was retired in 2016.

The claimant is therefore seeking amongst other reliefs, an order of the court to invalidate his retirement, which he claimed was done via a press release as he was never served statutory notice of retirement.

The claimant is also seeking an order of the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 till 2018 when he would have been due for retirement.

Although the matter was earlier before Justice Sanusi Kado, the matter was, however, reassigned to Obaseki-Osaghae following the transfer of Kado to the Calabar division of the court.

When the matter was before Kado, parties had on July 11,2019 informed the court of a discussion with the aim of exploring the possibility of an out- of court settlement.

The parties indicating interest to settle the dispute out- of court, prompted the judge to adjourn for report of settlement, a development that never happened, or for continuation of the matter.(NAN)

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