A year after the National Industrial Court (NIC) ordered the Federal Ministry of Industry Trade and Investment to pay a repatriation allowance to Ambassador David Ademola Adejuwon to enable him to move his family and personal effects from World Trade Organisation Geneva, Switzerland back to Nigeria, the Ministry is yet to comply with the judgment.
Justice Ayodele Obaseki-Osaghae made the order while delivering judgment on Tuesday, March 12, 2024, in a suit marked NICN/ABJ/301/2017 filed by Amb. Adejuwon.
The Federal Ministry of Industry, Trade and Investment was the defendant in the matter. In the suit, the claimant had prayed the court to order the defendant to renew his diplomatic passport and that of his wife, which expired in December 2018 and to obtain one year Schengen multiple-entry Visas on the renewed passports to enable him to travel to Geneva and hand over to a new ambassador.
In addition, he wanted to use the opportunity to bring back his family and personal effects immediately after the payment of the outstanding allowance and repatriation allowance.
Justice Obaseki-Osaghae granted all other reliefs sought by the claimant in his amended statement of facts filed before the court. The court dismissed the counter-claims of the defendant as frivolous and lacking in merit, having noted that, as at the day of judgment of the court, “the claimant’s repatriation allowance remains unpaid; that there is no evidence of any estimate for renovation, or loss of any rental revenue by the defendant.”
Justice Obaseki-Osaghae awarded N400,000 in favour of the claimant on the counter-claim by the defendant. The judge said all payments ordered by the court must be made to the claimant within 30 days of the judgment stressing, “thereafter, any sum outstanding will attract interest at the rate of 15 per cent yearly.”
Justice Obaseki-Osaghae, citing several authorities, held that the claimant was treated differently and disadvantaged on the same set of facts and circumstances by the defendant.
The court held that the claimant’s evidence in the entirety of the case is not controverted, emphasising that by the defendant’s failure to cross-examine the claimant on his claims, the defendant’s pleadings in paragraphs 11 (L) (i), (ii), (iii), (iv), (v), and (vi), and paragraph 25 (a), (b), (c), (d), and (e) of the statement on oath of defence witness, the defendant has admitted the claims of the claimant.
Citing several decided cases, the judge held that the law is settled that parties are bound by their pleadings and facts pleaded by one party and admitted by another need no further proof.
The court held that the claimant is therefore entitled to the orders hereinafter made having succeeded in his claims. The judge ordered the defendant to pay the claimant his statutory repatriation entitlements. On the claim for unpaid Foreign Service Allowance, Justice Obaseki-Osaghae said the claimant is yet to be recalled and repatriated.
“I agree that he still remains technically the Nigerian Ambassador to the World Trade Organisation, and this is unchallenged by the defendant.
“Furthermore, I find from the uncontroverted evidence that the claimant’s predecessor Ambassador Y. F. Agah, who retired in January 2010, continued to be paid Foreign Service Allowance till October 2013 (which is 45 months); and the allowance ceased after his repatriation entitlements were paid.
“The defendant has not shown this court any reason the claimant should be treated differently from his predecessor on the same set of facts and circumstances, and why different executive or administrative actions have been applied. This is wrong, and ought not to be,” the judge declared, adding that the claimant’s case succeeds.
The court berated the defendant over the treatment which the claimant was subjected to by the defendant. The judge said: “The claimant served and represented Nigeria as Ambassador/Resident Representative to the World Trade Organisation, Geneva, Switzerland.
“He ought not to be treated in this degrading manner, having served his country meritoriously. No Nigerian Ambassador/Envoy should be subjected to this type of embarrassment.
“The claimant gave the required notice to the defendant, and so the process of recall ought to have commenced timeously and payment of repatriation allowances to enable the claimant to return home with his family, personal effects, and prevent hardship.
“There can be no excuse since September 2016 for this situation that is clearly an embarrassment to Nigeria, particularly in view of its high-profile leadership role in the World Trade Organisation, Geneva, Switzerland.
“The defendant, as part of the Executive Arm of Government, must abide by the Foreign Service Rules, and there must be equality in the treatment of Ambassadors to the World Trade Organisation.
“The Defendant Ministry can do better than this for the image of Nigeria,” the judge admonished. However, the defendant, unhappy with the decision, appealed against it at the Court of Appeal, Abuja.
It later decided to abandon it and comply with the judgment.
According to a letter signed by Foluso Akinlonu, director of legal services in the ministry, dated February 18, 2024, the ministry is disposed to resolving the matter amicably instead of pursuing the appeal.
“Following from the above, the ministry is taking necessary steps towards sourcing funds to pay or liquidate the judgment debt as soon as possible,” he wrote on behalf of the minister in February 2024.
Till date, that has not been done. Frustrated by this development, the claimant wrote to President Bola Tinubu on April 29, 2024, praying for his intervention. His letter was acknowledged on May 3, 2024, without any response.
Having received no response, he wrote another one to the President through his chief of staff on November 28, 2024, as a reminder. It was acknowledged on December 9, 2024 without any response.
Finally, he sent a message to the minister of Industry, Trade and Investment, Ms Jumoke Oduwole, on April 28, 2025, regarding the issue and continues to await a response.
