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Rtd AIG Mbu’s Suit: Absence of judge stalls hearing

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

It was learned 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.

It was also gathered that counsel was 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.

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

In his Statement of facts, he stated that he was born on April 10, 1958, 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 from 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, the parties had on July 11, 2019, informed the court of a discussion to explore 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 the report of settlement, a development that never happened, or for the continuation of the matter.

(NAN)

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