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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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Industrial Court compels Lagos Attorney General, 3 others to immediately issue retiree Olatokunbo clearance certificate


786 Tuesday 28th March 2023

Hon. Justice Salisu Danjidda of the Lagos Judicial Division of the National Industrial Court of Nigeria has granted an order of Mandamus compelling the Hon. Commissioner, Ministry of Commerce, Industry and Cooperatives, Auditor General of Local Governments CTCS Limited, Lagos State Pension Commission and Attorney General of Lagos State jointly and severally to immediately issue retiree, Mr. Olatokunbo Idowu Letter of Confirmation and Certificate of Clearance for the processing and payment of his terminal benefits, and to compute and pay his terminal benefits.


The Court ordered the Auditor General For Local Governments CTCS Limited to pay Mr. Olatokunbo Idowu the sum of Two Million One Hundred And Twenty-Eight Thousand Six Hundred and Sixty-Two Naira (N2,128.662.00) as Savings with the Auditor General For Local Governments CTCS Limited as at April 2017 together with accrued interest forthwith.


Justice Danjidda further awarded the sum of N500,000 as the cost of action in favour of Mr. Olatokunbo Idowu against the Auditor General of Local Governments CTCS Limited.


From facts, the claimant- Mr. Olatokunbo Idowu had submitted that he retired from the Public Service of Lagos State, and is entitled to the payment of Gratuity, Pension and other retirement benefits accruable to retired Civil Servants in Lagos State. 


Mr. Olatokunbo further stated that he commenced processing his retirement benefits but the President of the Auditor General of Local Governments CTCS Limited refused to issue him a Certificate of Clearance, and all efforts to get the same proved abortive.


Mr. Olatokunbo’s counsel, Oluwole Alademehin Esq submitted that his client’s retirement benefit is governed by Lagos State Pension Reform Law 2007 and having served in the public service of Lagos State for a period of 31 years and 4 months is entitled to the payment of pension, gratuity and all other emoluments applicable to the Public Service of Lagos State.


However, the Defendants- Hon. Commissioner, Ministry of Commerce, Industry and Cooperatives, Auditor General of Local Governments CTCS Limited, Lagos State Pension Commission and Attorney General of Lagos State were represented by counsel but did not file any defence.


In addition, Counsel to Mr. Olatokunbo contended that the failure by the Hon. Commissioner, Ministry of Commerce, Industry and Cooperatives and 3 others to file a defence implies that they have no defence, and urged the court to grant the reliefs sought.


Delivering the judgment, the presiding Judge, Hon. Justice Salisu Danjidda held that the Hon. Commissioner, Ministry of Commerce, Industry and Cooperatives and 3 others have failed to comply with the provisions of Section 8 of the Lagos State Pension Reform Law that stipulates that a Certificate of Clearance shall be issued within 21 days of the employee's retirement and Mr. Olatokunbo Idowu has discharged the onus on him to prove his case. 


Justice Danjidda granted an Order of Mandamus compelling the Auditor General For Local Governments CTCS Limited to immediately issue a Letter of Clearance to Mr. Olatokunbo.

 

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