5. A DECLARATION that the Respondent’s sale of NITEL/MTEL along with the
Applicants entitlement namely (a) 250 buses worth 1.2 Billion Naira only, (b)
life insurance known as workman compensation for 17, 101 workers of 1st
Respondent worth 17, 639 Billion Naira Only. (c) Landed property where the
facilities of NITEL/MTEL of the Respondent was situated and that
compensation which should be paid to members who own this property
ought to be paid to the Applicants.
6. A DECLARATION that the Applicants are entitled to their claims/rights
entitlements submitted to the liquidator appointed by the Respondent to sell
NITEL/MTEL.
7. AN ORDER compelling the Respondent to pay all the Applicants entitlements
prayed in Paragraphs 1, 2, 3, 4, 5 & 6 above.
8. General damages of 2 Billion Naira only to the Applicants for untold hardship
9. Cost of litigation N10 Million Naira only.
10.And any other order this Court can make in the circumstances.
9. The Respondent filed a preliminary objection challenging the jurisdiction of the
Court contesting that the subject matter of the dispute is an employment issue and
is also statute barred as the Applicant did not initiate this action since 2012.
However, on the date set for hearing, 24th January, 2019, the Respondents were
not in Court to move their application. Consequently, the said preliminary objection
was dismissed and the matter was slated to 5th March 2019 for judgment. The
Respondents have however not file their defense to the Applicants’ application.
ISSUES FOR DETERMINATION.
1. CONSIDERING THE PROVISIONS OF ARTICLE 9 (4) OF THE 2005
SUPPLEMENTARY PROTOCOL AS WELL AS ARTICLE 14 OF THE AFRICAN
CHARTER, WHETHER THIS COURT IS COMPETENT TO ENTERTAIN THIS SUIT
AS CONSTITUTED.
2. WHETHER IN LIGHT OF THE TOTALITY OF FACTS AND EVIDENCE ADDUCED,
THE APPLICANTS HAVE SUFFICIENTLY ESTABLISHED THEIR CASE TO GROUND
THE RELIEFS SOUGHT.
5