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Court orders NSITF to pay compensation of late insured staff to father

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Court orders NSITF to pay compensation of late insured staff to father

The National Industrial Court has ordered the Nigeria Social Insurance Trust Fund (NSITF) Management Board to pay compensation to the father and next-of-kin of a deceased that had his life insured with them.

The claimant, Moses Ikpaki, who is the next-of-kin to his son Deinma Ikpaki, who died in the course of his employment, dragged the defendant, NSITF before the court for payment of compensation.

The defendant had claimed that the deceased’s death did not occur in the course of his employment.

Delivering judgment, Justice Faustina Kola-Olalere declared that the late Ikpaki’s death occurred in the course of his employment.

The judge stated that two issues needed to be resolved by the court between the parties.

She said, “Can it be said that the deceased died or his death occurred out of or in the course of his employment with employer?

“Is the claimant entitled to the reliefs he is seeking from the defendant?”

After perusal of the submission of both counsels, Kola-Olalere held that the deceased died in the course of his employment.

The court in addition stated that the premises, where late Ikpaki was found dead, qualified as the deceased’s ‘workplace’ within the provision of the Employees’ Compensation Act.

The court, therefore, ordered the defendant, the deceased employer’s Insurance Company to promptly compute, calculate and pay compensation for the death of late Ikpaki in the course of his work to his father within two weeks.

The court, however, refused the claim for the sum of N10 million general damages.

The judge held that the aim of an award of damages was not to make a windfall or excessive profit.

The court, therefore, awarded the sum of N1 million in favour of the claimant for cost of prosecution of the suit as sought by claimant.

From facts, the claimant, the father of the late Ikpaki, who died in the service of his employer, sought among others for an order of mandamus compelling NSITF to pay compensation with the sum of N10 million as general damages and N1 million as cost of suit.

In defence, NSITF Management Board maintained that Ikpaki’s death did not arise out of or in the course of employment but after he had left his workplace.

The defendant argued that the deceased died in a swimming pool at a guest house in his employer’s Camp and not on his way back between his place of work and his principal residence.

Also, the NSITF also submitted that the deceased was employed as an Environmental Solution Specialist, specifically to work in an oil rig.

Its counsel added that the scope of his employment was in no way connected with working within or around a swimming pool and that deceased did not die in the course of his employment and urged the court to dismiss the case.

In opposition, the claimant’s counsel maintained that the employer’s contractor camped the deceased and other employees at its camp which was not part of his workplace.

The counsel averred that the late Ikpaki employer informed the commission to promptly pay compensation to his next-of-kin but the order was refused and therefore urged the court to grant the relief sought. (NAN)

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Headlines

Commission, journalists partner to revamp water sector in Kaduna

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The Kaduna State Water Services Regulatory Commission (KADWREC) says it is partnering media practitioners towards revamping water services in the state.

Mr Dogara Bashir, the Executive Chairman of KADWREC, disclosed this on Monday at a one-day workshop organised for media practitioners on regulation of ‘Water, Sanitation and Hygiene’ (WASH) activities held in Kaduna.

Bashir said the commission was aware of the importance of the role media practitioners played in the society.

He stated that the workshop was to provide an avenue to liaise with them as important stakeholders on water supply and sanitation services in the state.

Bashir said: “As media practitioners, we believe you are a gateway to the citizens so, the workshop would acquaint you with some of the regulations already in place so that you can in turn transmit it to the public

“The state of water services in Kaduna State is in dire need of attention and the State Water Corporation and KADWREC were established towards addressing the seeming challenges.

“The commission is mandated to ensure better service delivery and regulation of water and sanitation services in the State.

“The idea is that once the regulations are developed, we send them to the State Ministry of Justice to gazette and then we get the state government to endorse and give the go ahead to commence the implementation of the regulations

“We intend to implement them fully come January, 2025 God willing, as we have embarked on advocacy activities having gone to zones 1 and 2 where we talked to traditional rulers, security agencies and the Judiciary.”

He disclosed that a special Court has already been attached to the commission by the Chief Judge of the State for service providers who may likely violate regulations.

The chairman further said that amongst the commission’s objectives include ensuring security, reliability and quality of service in the production and delivery of water to the consumers as well making regulations to control the sinking of boreholes.

Others included; maximising access to water services by promoting and facilitating consumer connections to distribution systems in urban and rural areas.

According to Bashir, they also include ensuring that regulatory decision-making has regards to all the relevant health, safety, environmental and social legislation applying to the water sector.

Bashir further said that the commission collaborate with the relevant state and federal agencies on water policies.

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Crime

2 ladies docked for allegedly obtaining money by fraud

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The police in Lagos have dragged two women, Mmesuma Ofunna, and Blessing Adimekwe, before an Ojo Magistrates’ Court in Lagos, over alleged obtaining money by false pretence.

Ofunna, 22, and Adimekwe, 25, were arraigned before the Magistrate, Mr L K J Layeni, on a four-count charge bordering on conspiracy, obtaining by false pretence, stealing and conduct likely to breach peace.

They each, however, pleaded not guilty to the charge.

The prosecutor, ASP Simon Uche, told the court that the defendants conspired with others now at large, to commit the offence on Oct. 26 at the Okokomaiko area of Ojo.

He alleged that they had obtained the sum of N70, 000 from one Faith Ahamefule, with a promise not to post her nude photo on social media.

The prosecutor alleged that the defendants later posted the nude photo of the nominal complainant on social media, knowing that their promise was false.

He alleged that they stole the N70, 0000, thereby conducting themselves in a manner likely to breach public peace.

The offence contravenes the provisions of sections 168(d), 287, 314, and 411 of the Criminal Law of Lagos State 2015.

The court granted the defendants bails in the sum of N500, 000 each, with two sureties each in like sum.

He adjourned the case until Jan. 8, 2025 for mention.

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Driver jailed 6 months for attempting to steal a car

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A Jos Magistrates’ Court on Monday, sentenced a 37-year-old driver, Ahmad Umar to six months in imprisonment for attempting to steal a car.

The Magistrate, Shawomi Bokkos, summarily tried and sentenced the convict after he pleaded guilty to the charge.

Bokkos in his judgment, ordered the convict to pay an option of N30, 000 fine or spend six months in prison.

Earlier, the Prosecutor, Insp Ibrahim Gokwat, told the court that the case was reported on Oct. 10, at the Area Command Police station through a distress call by one Sydney Peacemorie the complainant.

Gokwat said the complainant parked his Toyota RAV4 in front of Access Bank and went inside to carry out some transactions, only to return to find the convict inside his car.

“The convict unlawfully opened the car and was in the driver’s seat when the complainant raised alarm and he was apprehended, but his accomplice escaped.

“The convict was severely beaten by a mob but was rescued by the police,” said Gokwat.

“The prosecutor said that the offence contravened the Plateau Penal Code Law.

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