Abdulfatai Mohammed (lt.col-rtd) v Chief Of Defense Staff

• Judge: Honourable Justice Sanusi Kado
• Judgment Date: 14 May 2020
• Respondent: Chief Of Defense Staff
• Appellant: Abdulfatai Mohammed (lt.col-rtd)
• Docket Number: NICN/ABJ/210M/2018
• Counsel: J. I. Onwugbolu, Esq; counsel for the claimant Amos Toris, Esq; counsel for the defendants
• Court: National Industrial Court (Nigeria)

1. This suit was commenced by way of Originating Motion dated and filed on 26/07/2018, by the Applicant/Judgment Creditor. The applicant vide this Application is seeking for the following reliefs:-
a. AN ORDER pursuant to Order 63, rule 6 permitting the Applicant to proceed against the within named Respondent the Chief of Defense Staff in person of General AG Olonisakin.
b. AN ORDER formalizing committal procedures against the within named Respondent, the Chief of Defense Staff (General AG Olonisakin) pursuant to the provisions of Order 63.
c. Further to (2) supra, AN ORDER pursuant to the provision of Order 63, rule 4(2) directing forthwith the issuance of summons to be served on the within named Respondent, the Chief of Defense Staff (General AG Olonisakin) which summons shall request the said within named Respondent, the Chief of Defense Staff (General AG Olonisakin) to appear before this court on a date to be directed by this court to show why the within named Respondent, the Chief of Defense Staff (General AG Olonisakin) should not be committed to prison for the act of disobedience to the order of court in this case dated June 21, 2017 in suit number NICN/ABJ/253/2016.
d. SUCH OTHER ORDER(S) including any other further directions(s) or order(s) against within named Respondent, the Chief of Defense Staff (General AG Olonisakin) as the Court is authorized to grant under the provisions of the Constitution, under the provisions of the National Industrial Court Act and under the stipulations of the National Industrial Court (Civil Procedure) Rules, 2017 as this Honourable Court deems just and proper in the circumstances.
2. The originating Motion on notice was supported by a 19 paragraph affidavit and seven exhibits attached therein. The affidavit was deposed to by Abdulfatai Mohammed (Lt. Col- RTD) the Applicant/Judgment creditor in the present suit.
3. A written address was also filed along with the Originating Motion. Abdul Mohammed, Esq; counsel for the Applicant/Judgment Creditor in oral adumbration before the court informed the court he is relying on the depositions contained in the affidavit in support of the application and adopts his written address filed along with the application. In the written address, a sole issue was formulated for determination, to wit:
‘’WHETHER IT IS APPROPRIATE FOR THIS COURT TO GRANT THE FORMAL PRAYERS SOUGHT ON THIS APPLICATION’’
4. Counsel argued that based on the facts deposed to in the affidavit and the Exhibits attached therein and other factual materials on the record, the court should grant the prayers sought, counsel relied on the provisions of Order 63of the rules of court which deals with committal as he is of the opinion that the Respondent in the suit has remained disobedient to the order of the court.
5. Counsel urged the court to grant the prayers sought to enable the Applicant/Judgment creditor...