Legal Aid Council -VS- Shina Isaac Ibiyemi- National Industrial Court of Nigeria

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

BEFORE HER LADYSHIP HON. JUSTICE O. A. OBASEKI-OSAGHAE

DATE: MARCH 9, 2026 SUIT NO: NICN/ABJ/27/2022

BETWEEN

LEGAL AID COUNCIL CLAIMANT

AND

SHINA ISAAC IBIYEMI DEFENDANT

REPRESENTATION:

Oseni Agboghaiyemeh (Director) for the Claimant, with Helen Jack-Ojikah,

Uzoamaka RoseChris Akor.

Laolu Owolabi SAN, for the Defendant, with Mojirayo Ogunlana.

JUDGMENT

Introduction and Claims

[1] The Claimant filed this complaint against the Defendant on January 31, 2022 together with the accompanying processes and claimed as follows:

1. The sum of N1,800,000.00 (One Million, Eight Hundred Thousand Naira) being part of the subvention/State Grant given to Legal Aid Council by Kwara State Government for the years 2014, 2015 and 2016 which the Defendant misappropriated and embezzled.

2. Interest of twenty percent (20%) per annum of the said sum N1,800,000.00 (One Million, Eight Hundred Naira) from the 12^th day of July, 2016 until date of judgment and thereafter interest of ten percent (10%) per annum from the date of judgment until the judgment sum is finally liquidated.

3. The cost of this action.

The Defendant filed an amended statement of defence together with the accompanying processes on 14^th May 2024. The Claimant had earlier filed a reply on 8 December 2022 before the Defendant’s amendment.

Case of the Claimant

[2] The Claimant’s case on the pleadings is that it is an Agency of the Federal Government of Nigeria and that the Defendant was its employee and the State Coordinator in its Kwara State office between the years 2009 and 2018. The Claimant stated that the Defendant was compulsorily retired from Public Service by letter dated 11^th May 2021 for corruption, embezzlement and misappropriation of public funds.

[3] The Claimant averred that the Defendant was in charge of the day to day running of the State office and also the contact person between the Claimant and the officials of Kwara State Government. That one of the responsibilities as a State Coordinator was to ensure that the yearly subvention and grants by Kwara State Government to the Claimant are promptly released. The Claimant stated that the Defendant reported zero release of subventions and grants from the Kwara State Government for the for the years 2014, 2015 and 2016 claiming that the State Government did not pay the subventions for those years.

[4] The Claimant averred that by a petition dated 15^th March, 2018 its staff wrote a petition to its Director General alleging that the Defendant stole two electric generators from its Kwara State office and also received the sum N2,000,000. 00 (Two Million Naira) as subventions from Kwara State Government for the years 2014, 2015 and 2016 which he embezzled and misappropriated without informing the Director General. By a response dated 4^th May 2018, the Defendant denied the allegations. The Claimant stated that it set up a three-man committee to go to its Kwara State Office and find out the true position. The Claimant stated that the Committee visited the Kwara State Office on the 28^th June 2018 and met with all the staff including the Defendant; and it was discovered that the Defendant actually received subventions from Kwara Government for the years 2014, 2015 and 2016 totaling about N2,000,000.00 and he failed to inform the Claimant.

[5] The Claimant averred that the Defendant spent the money without approval and when he was asked the reason he did this, the Defendant claimed to have got approval from the Director General before spending the N2,000,000.00 grants. The Director General denied any knowledge of the subventions, or approval to the Defendant to spend any such money.

The Claimant stated that the Defendant appeared before a Disciplinary Committee where he admitted receiving the sum of N2,000,000.00 as subventions for the years 2014, 2015 and 2016 and spent same without informing Director-General. The Claimant stated that after investigation the Defendant could not give account of the sum of N1,800,000.00 and he was asked to refund the sum of N1,800,000.00 and also the two generators he took from the State office. The Claimant averred that the Defendant agreed to refund the sum of N1,800,000.00 and the two generators.

[6] The Claimant stated that the Defendant eventually returned the two generators to the State office. By a letter dated 24^th June 2019 the Defendant wrote informing the Director General that he has returned the two Generators; and promised to refund the sum N1,800,000.00 which he embezzled and misappropriated by a monthly installment of N30,000.00 (Thirty Thousand Naira) but he failed and neglected to refund the sum of N1,800,000.00 which he embezzled and misappropriated to the Claimant despite his promise to refund the money.

[7] The Claimant averred that the Defendant was compulsorily retired from service for embezzlement, corruption, misappropriation and suppression of records by a letter dated 11^th May 2021. The Claimant by a letter dated 15^th December 2021 wrote to the Defendant demanding for the refund of the sum of N1,800,000.00 with interest of twenty percent per annum from 12^th July 2016 but the Defendant failed to refund the money, and by a letter dated 24^th January, 2022 the Defendant denied owing the said sum. The Claimant stated that the value of the Naira has since depreciated since 2015 when the Defendant embezzled the N1,800,000.00 State grant. The Claimant stated that whereas $1.00 was exchanging for about N197.87 in 2015, the exchange rate for a dollar is now about N415.65, and the inflation rate has risen from 8.05% in 2024 to 16.91% in 2021.

[8] The Claimant’s witness is Ugoh Obiamaka, Assistant Director (CW). She adopted her statement on oath. It was in terms of the pleadings, and she relied on the admitted documents. CW informed the Court that she was a part of the disciplinary committee and she took the records of the meeting, and there is a report. CW stated that the Claimant was asked to refund the sum of N1,800,000.00 subsequent to the disciplinary committee report. CW told the court that the order to refund was made upon the Claimant’s admission of guilt. She informed the Court that the Defendant was not reported to the Police and that the offence falls within the Admin Department of the Claimant. CW informed the Court that the Defendant was not charged to court and was retained in the Claimant’s employment from 6^th June 2019 to 11^th May, 2021.

[9] CW stated that she wasn’t aware if he collected his salary for the period; but that the Claimant did not deduct the N1,800,000.00 because the Defendant wrote the Claimant Council stating his repayment terms. CW confirmed that she is aware the Claimant filed a complaint at the Akure Division of the NICN and that she is aware of the proceedings, and that it is different from this one. CW said the Claimant filed a defence in the matter in the Akure Division, and that she is a witness in that matter.

Case of the Defendant

[10] The Defendant’s case on the pleadings is that he was compulsorily retired by the Claimant on 11^th May, 2021 on unsubstantiated and untenable grounds pursuant to which he, after exhausting administrative remedies initiated a suit at the Akure Judicial Division of the National Industrial Court Suit No: NICN/AK/422021 Shina Isaac Ibiyemi v Legal Aid Council. The Defendant averred that subsequent to filing a defence, the Claimant made a demand for payment of the sum of N1,800,000.00 on the same facts that are subject matter of the pending Suit NO: NICN/AK/422021. He stated that the facts contained in the pleadings are false and slanted. The Defendant averred that he was at the time material to this case Assistant Director on Grade Level 15 in the Claimant’s Department of criminal litigation. He stated that he was offered and accepted appointment as a Legal Aid Officer by a letter of appointment dated 10^th October 2005 on terms and conditions of service stated to be similar to those of the public service of the Federation of Nigeria, and his employment was governed by the Public Service Rules and enjoyed statutory flavor. The Defendant averred that in the course of his employment, he enjoyed several promotions and commendation from the Claimant.

[11] The Defendant stated that sometime in April, 2018 he was served with a memo from the Headquarters of the Claimant to which was attached an unsigned petition purportedly written against him by all staff. He responded debunking and denying all the allegations. The Defendant stated that despite his response, the Claimant proceeded to set up a three-man committee to investigate the allegations made against him, and he was invited to the face the disciplinary committee of the Claimant by a letter dated 23^rd August 2018. The Defendant averred that at the conclusion of the disciplinary hearing, he received a “Transfer Instruction” to Ondo State and was informed for the first time that he was found guilty of falsification of records, corruption, embezzlement, misappropriation and suppression of records. The Defendant stated that he resumed in the Claimant’s Akure office, and on 17^th June, 2019 was issued a warning letter by the Claimant. On 18^th June, 2019 the Defendant stated that he was issued with a letter captioned “Re: Report of the Disciplinary Committee on Petition Written by The Staff Of Legal Aid Council, Kwara State Office against The State Coordinator, Mr. Shina Ibiyemi” dated 6^th June 2019 a day after he received the letter of warning dated 7^th June, 2019.

[12] The Defendant stated that the Claimant’s letter made reference to the “final report of the Senior Staff Committee and the subsequent response from the office of the Solicitor General of the Federation and Permanent Secretary” but he was not availed a copy. He stated that the report dated 6^th June, 2019 recommended several punishments which he complied with and he continued to render public service to the Claimant. The Defendant averred that he was served with a letter of compulsory retirement almost three (3) years on 25^th day of May 2021 when he was not issued with any query, notice of review and allowed to make any representation before the decision directing him to proceed on compulsory retirement was made. He stated that he is not guilty of the allegations made against him as he was never queried nor any document or records shown to him to have been falsified, nor was allegation of suppression of record levied against him.

[13] The Defendant averred that he was never queried on allegations of corruption, embezzlement or misappropriation that he was allegedly found guilty of. He stated that the National Industrial Court Akure Division is currently hearing this cause of action in Shina Ibiyemi v Legal Aid Council In Suit No: NICN/AK/42/2021. The Defendant averred that he is not liable to refund the sum of N1,800,000.00 (One Million, Eight Hundred Thousand Naira) or any sum whatsoever and that the action of the Claimant has compelled him to secure the legal service of Bonajo Badejo & Co., who billed him N750,000.00 excluding fight ticket to and from Abuja, feeding, accommodation and other incidental expenses.

[14] The Defendant (DW) testified in support of his case. He adopted his witness statement on oath which was in terms of the pleadings. DW informed the Court that he collected N500,000.00 from the State Government in 2014 and 2015 but he wasn’t sure how much he was given in 2016. DW informed the Court that he used the subventions from the Kwara state Government to buy laptops, furniture, paying fines for inmates to release them, give inmates money to travel back to their states of origin and all these were done with the approval of the Director General. DW said the approvals were given by phone calls. DW informed the Court that an unsigned petition was written against him and that he attended the disciplinary hearing. DW informed the Court that though he was asked to refund the sum of N1,800,000.00 he has not refunded same as the process was nullified by the Abuja Division of this Court. DW stated that he complied with the directives and he confirmed that he was issued a letter of compulsory retirement now nullified by the Court in Akure.

Final Address

[15] The Defendant’s final address is dated 14^th July, 2025 and is filed on 17^th July, 2025. The Claimant’s final address is filed on 20^th October, 2025. The Defendant filed a reply on point of law on 29^th October, 2025. Parties adopted their respective addresses and made oral submissions.

[16] The Defendant submitted six issues for determination as follows:

1. Whether this Honourable Court, being a court of coordinate jurisdiction, is bound by the judgment delivered by the National Industrial Court (Akure Division) in NICN/AK/42/2021.

2. Whether this suit is an abuse of court process in light of the extant judgment of the National Industrial Court (Akure Division) in NICN/AK/42/2021, which nullified the very disciplinary process now relied upon by the Claimant.

3. Whether the Claimant can lawfully maintain a civil suit premised on allegations of crime namely, embezzlement and misappropriation, without proving such allegations beyond reasonable doubt in a criminal court.

4. Whether the Claimant can claim a refund of ?1,800,000 from the Defendant, when the alleged misconduct forming the basis of the debt has been nullified by a competent court.

5. Whether the Claimant’s failure to deduct the agreed ?30,000 monthly repayments from the Defendant’s salary, as per the voluntary repayment agreement, extinguishes its right to restitution.

6. Whether the Claimant’s claims are statute-barred, having arisen from disciplinary proceedings and financial claims dating back to 2015–2016, and not brought within the statutory limitation period.

[17] Learned counsel arguing issue 1 submitted that both the Akure Division and this Abuja Division are sui generis superior courts of record created by the same statute – the NIC Act 2006 – and vested with like jurisdiction under Section?254C CFRN 1999 (as amended); and that one division cannot lawfully render a decision that contradicts or undermines the judgment of another division in respect of the same parties and cause of action citing Nnaji v. Ede (1996) 8 NWLR (Pt. 466) 332; N.P.A.S.F. v. Fasel Serv. Ltd. (2001) 17 NWLR (Pt. 742) 261; Idrisu v. C.O.P. (2009) 10 NWLR (Pt. 1150) 457. He argued that permitting this action would nullify the judgment of the National Industrial Court (Akure Division) in NICN/AK/42/2021 because, the five key issues enumerated in NICN/AK/42/2021 constitute the foundation of the Claimant’s present demand for ?1.8?million. He argued that permitting this action will license and sanction forum shopping, as the Claimant could have conveniently filed a counter-claim before the Akure Judicial Division but chose to institute and continue to maintain this action in Abuja subsequent to the institution and eventual Judgment of the Court.

[18] Learned Counsel on issue 2 and 3 submitted that this suit is an abuse of court process because the disciplinary process that forms the basis of the Claimant’s claims in this suit has already been nullified by the judgment of this Court sitting in Akure in NICN/AK/42/2021. He stated that every plank of the disciplinary process was decisively dismantled in NICN/AK/42/2021 and that the Claimant now attempts, through the present action, to continue and revive the same void findings and extract ?1.8?million citing Saraki v Kotoye. He submitted that the Claimant exceeded its powers when, it purported to find the Defendant guilty of criminal conduct and ordered a refund, contrary to Public Service Rule?030309?. He cited F.C.S.C. v. Laoye (1989) 2 NWLR (Pt.106) p.652 at 706 - 707 and Section 6(6)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

[19] In arguing issue four, Counsel submitted that the Claimant’s demand for ?1.8?million is rooted exclusively in the findings of guilt, refund directives, and compulsory?retirement l already declared null and void by this Court (Akure Division) in NICN/AK/42/2021, judgment delivered 29?January?2024. He argued that the Akure decision expunged every adverse finding against the Defendant and ordered his reinstatement. He submitted that once the underlying disciplinary decisions have been vitiated, no consequential financial liability can survive citing West?African Examination Council v. Koroye (1977) 2?SC?45 at?53. He submitted that the doctrine of functus officio and issue estoppel prevents the Claimant from re?agitating or re?engineering those voided findings under a new guise and that in law, a party cannot, by a fresh action, circumvent or undermine a subsisting decision between the same parties on the same subject?matter citing Yoye?v.?Olubode (1974)?10?SC?209.

[20] Learned counsel on issue 5 and 6 submitted that equity aids the vigilant, not the indolent. He argued that since the Claimant has slept on the agreed mode of liquidation and urged the Court to hold that the Claimant’s willful failure to implement its own instalment plan constitutes waiver, estoppel and laches, thereby extinguishing any residual right to restitution. He submitted that the “voluntary repayment agreement” relied upon by the Claimant was issued in June 2019 and this suit was not commenced until September 2021, well beyond the statutory limitation period applicable to civil and contractual obligations. He argued that as a Federal Government Agency established by the Legal Aid Council Act 2011, the Claimant's claims are subject to the Public Officers Protection Act (POPA), which imposes a strict 3-month limitation period for actions against public officers/agencies. The alleged financial infractions occurred in 2014-2016, while this suit was filed in 2022 - outside POPA's limitation window. He cited Obiefuna v. Okoye (1961) 1 SCNLR 144; P.N. Udoh Trading Co. Ltd. v. Abere (2001) 11 NWLR (Pt. 723) 114; Ibrahim v. J.S.C. (1998) 14 NWLR (Pt. 584) 1; Unilorin v. Adeniran (2007) 6 NWLR (Pt. 1031) 498. He then urged the Court to dismiss this suit for being statute-barred under both the Public Officers Protection Act and general limitation laws.

[21] The Claimant submitted three issues for determination to wit:

1. Whether the Claimant in this suit has proved the case against the Defendant so as to warrant this Honourable Court to enter judgment in his favour.

2. Whether the Claimant suit is competent, and if the Claimant is entitled to a refund of the money embezzled/misappropriated by the Defendant while in the employment of the Claimant.

3. Whether the Claimant is entitled to the interest of 20% on the embezzled funds.

[22] Learned counsel on issue 1 and 2 submitted that on the evidence adduced, the Defendant admitted that he received the sum of N1,800,000 (One Million and Eight Hundred Thousand Naira) from the Kwara State Government as subvention/grant from the Kwara State Government for the years of 2014, 2015 and 2016 which he failed to disclose and misappropriated. That he is liable to refund same to the coffers of the Claimant. He submitted that this suit is competent, and is not an abuse of the process of court. He submitted therefore that the claim before this court is for the Defendant to refund the monies which he agreed he misappropriated, and which is different from the Defendant’s suit filed in the Akure Division of the Court. It was his submission that this Court has jurisdiction to try this matter citing Maduokoli & Ors v Nkemdilim (1962) 1 ALL NLR 587.

[23] Learned counsel argued that in the instant case, although the parties are the same, the issues and subject matter are different, therefore this suit is not an abuse of the court process as in the suit number NICN/ABJ/27/2022 is for refund of misappropriated subvention while Suit Number NICN/AK/47/2021 was for compulsory retirement and reinstatement of the defendant (who was the claimant) in that suit. Counsel argued that even if the Defendant was compulsorily retired; it does not vitiate the fact that there was misappropriation of funds, and that the Defendant was liable for such misappropriation and to refund same Government referring to Rule 020904 of the revised PSR 2021. He stated that the Judgment of the Akure Division of the Court is currently on appeal. He urged the Court to grant the claims of the Claimant.

Reply

[24] Learned Counsel submitted that the effect of the subsisting judgment in Suit No. NICN/AK/42/2021 (res judicata, functus officio and abuse of process) is that the Claimant is estopped from re-litigating the issues. He submitted that it is settled that where a court of competent jurisdiction has adjudicated issues between the same parties and on the same subject-matter, a coordinate court must respect that decision and may not entertain an action which would contradict or negate it. He argued that this principle is deeply rooted in the finality of litigation and serves to preserve the authority and integrity of the judicial process and sighted the cases of Nnaji v. Ede (1996) 8 NWLR (Pt. 466) 332; F.R.C.N. v. Iwuoha (2013) 1 NWLR (Pt. 1335) 221; Nigeria Army v. Iyela (2008) 18 NWLR (Pt. 1118) 115; Inter-contractors (Nig.) Ltd. v. UAC of (Nig.) Ltd. (1988) 2 NWLR (Pt. 76) 303;

Decision

[25] I have carefully considered the originating processes, the evidence, the submissions of counsel and authorities relied on in the final address. This is a monetary claim by the Claimant for the sum of N1.800,000.00 the Claimant asserts is due to it. The Claimant wrote a letter of demand on 15^th December 2021 (Exhibit C8) to the Defendant. The Defendant responded by letter dated 24^th January 2022 (Exhibit C9) stating that the issue is “now subject of legal proceedings in Suit No NICN/AK/4/2021. For ease of reference I hereby reproduce the claims of the Claimant as follows:

1. Interest of twenty percent (20%) per annum of the said sum N1,800,000.00 (One Million, Eight Hundred Naira) from the 12^th day of July, 2016 until date of judgment and thereafter interest of ten percent (10%) per annum from the date of judgment until the judgment sum is finally liquidated.

[26] From the evidence adduced, the Claimant employed the Defendant as a Legal Aid Officer in October 2005, and he rose to the position of State Coordinator in Kwara State. In April 2018 a Petition (Exhibit C1), was written against him by the staff on allegations of misconduct bothering on corruption, embezzlement, and abuse of office. The disciplinary process was activated against him. After the report of the disciplinary committee, the Defendant wrote a letter on the 24^th June 2019 to the Director-General of the Claimant (Exhibit C5) stating that:

“Pursuant to the final report of the Senior Staff Disciplinary Committee and the response of the Office of the Solicitor General of the Federation and Permanent Secretary finding me guilty and based on their recommendation the following has been complied with sir,

(iii) On the refund of the N1,800,000.00 I paid (sic) that I should be allowed to be remitting the sum of N30,000 on monthly basis due to different loans I took from the bank and family commitment from my salary on monthly basis.

[27] It is this N1,800,000.00 the Claimant prayed to be allowed to pay off in monthly installments that is the subject matter of this dispute. The Claimant by letter dated 11^th May 2021 (Exhibit C7) compulsorily retired the Defendant having found him culpable of falsification of records, corruption, embezzlement, misappropriation and suppression of records while he was Kwara State Coordinator in 2018. The Defendant instituted an action on 7 December 2021 at the Akure Division of this Court Suit No: NICN/AK/4/2021 Shina Isaac Ibiyemi v The Legal Aid Council challenging the powers of the Governing Board of the Claimant to find him guilty or culpable of allegations of crime; the findings of misconduct by the Disciplinary Committee, Senior Staff Committee; and his compulsory retirement from public service. This instant suit was instituted on 31^st January 2022 about 4 weeks later.

[28] The Judgment of the Akure Division in Suit No: NICN/AK/4/2021 delivered by my brother Hon Justice K.D. Damulak on 29^th January 2024 is before this Court (Exhibit D2). Paragraph 56 (a) to (h) of the Judgment is reproduced as follows:

The claimant’s case having succeeded, the court, for the avoidance of doubt, hereby declares and orders as follows:

a. A Declaration that the defendant by itself, Governing Board, Disciplinary Committee, Senior Staff Committee or any committee howsoever do not have the powers to find the claimant guilty or culpable of falsification of records, corruption, embezzlement, misappropriation and suppression of records, which are all allegation of or crime without a proper trial by a competent Court of law.

b. An order expunging, nullifying and setting aside from the records of the defendants, its Governing Board, Disciplinary Committee, Senior Staff Committee or any Committee howsoever all findings of guilty or culpability made against the claimant for falsification of records, corruption, embezzlement, misappropriation and suppression of records, which are all allegation of crime.

c. A Declaration that the findings of misconduct against the claimant by the defendant was made contrary to the applicable Public Service Rules.

d. A Declaration that the purported compulsory retirement of the claimant by the defendant from public service via a letter dated 11^th day of May, 2021 is, unlawful, null and void and of no effect.

e. An Order of the Court setting aside the purported compulsory retirement of the claimant vide defendant’s letter dated 11^th day of May, 2021.

f. A Declaration that the claimant still a public servant in the employment of the defendant until he attains 35 years of service or 60 years of age, whichever occurs first (subject to his age on the defendant’s records) and he is entitled to be paid salaries, allowances and all entitlements appertaining to an due to his office as an Assistant Director on salary grade level 15 with the defendant.

g. An order of the Court reinstating the claimant forthwith in the erstwhile position with the defendant until he attains 35 years of service or 60 years of age, whichever occurs first (subject to his age on the defendant’s records).

h. An order directing the defendant to pay to the claimant his salaries, allowances and all other entitlements from June 2021 as an Assistant Director on salary grade level 15 with the defendant until he attains 35 years of service or 60 years of age whichever occurs first (subject to his age on the defendant’s records).

[29] Now, the Claimant’s claim for the sum of N1,800,000.00 in this instant suit is premised on the same disciplinary proceedings that has now been nullified by the Judgment of the Akure Division of this Court on 29^th January 2024. A Judgment of a Court of competent jurisdiction remains valid and binding even where the persons affected by it believe that it is wrong, until it is set aside by an Appellate Court. There is a presumption of correctness in favour of a Court’s Judgment. Unless, and until that presumption is rebutted on appeal, and the Judgment is set aside, it subsists and the persons affected by it must obey it, see Babatunde v Olatunji (2000) 2 NWLR (Pt 646) 557 SC, Purification Technique Nig Ltd v Rufai Jubril (2012) 18 NWLR (Pt 1331) 109 at 139 Para G, PDP v Okorocha (2012) 15 NWLR (Pt 1323) 205 at 256 Para D. It is therefore not a matter of debate that the Claimant is to respect and obey the orders of the Akure Division of this Court.

[30] The Judgment Suit No: NICN/AK/4/2021 Shina Isaac Ibiyemi v The Legal Aid Council on 29^th January 2024 having nullified all findings of guilt or culpability made against the Claimant for falsification of records, corruption, embezzlement, misappropriation and suppression of records; set aside the Claimant’s compulsory retirement, reinstated him into the Claimant Council, there is no need to consider any other issue raised by the parties in final address. This action is liable to dismissal.

[31] Consequently, the Claimant’s case is hereby dismissed. Each party is to bear its own cost.

Judgment is entered accordingly.

____________________________

Hon Justice O. A. Obaseki-Osaghae