The Presiding Judge, Enugu Judicial Division of the National Industrial Court, Hon. Justice Oluwakayode Arowosegbe has declared Mr. Peter Onoh and 25 others as illegal occupants of the Project Development Institute [PRODA] Staff Quarters at Emene Industrial Layout, Nchatancha Nike, Enugu, Enugu State, having retired from the service long ago, and subsequent death of the allottees of the premises.

Justice Arowosegbe ordered Mr. Peter Onoh and 25 others to pack out of the premises within 90 [ninety] days, to enable the Project Development Institute to allocate the quarters to qualified staffers in accordance with relevant conditions of service and the Staff Manual.

The Court further granted a relief, ordering the Project Development Institute and Federal Ministry of Science And Technology either jointly or severally, to use all lawful measures, like the police force or any other lawful security agency, to evict Mr. Peter Onoh and 25 others after the expiration of 90 [ninety] days, if they still refused to pack out.

From facts, the claimants- The Senior Staff Association Of Universities, Teaching Hospitals, Research Institutes and Associated Institutions, Proda, the Academic Staff Union Of Research Institutes, Proda Branch and the Non-Academic Staff Union, Proda Branch had pleaded that Mr. Peter Onoh and 25 others were granted the possession of the quarters while in active service and, refused to vacate same immediately after their retirement from service, that the PRODA Staff Quarters are only meant for the members of staff of the Institute who are in active service.

The Unions pleaded that the continued occupation by Mr. Peter Onoh and 25 others aided by the Project Development Institute and Federal Ministry of Science And Technology is in violation of the Condition of Service of the Research Institutes, Colleges of Agriculture and Allied Institutions of the FRN.

In defense, the defendants- Mr. Peter Onoh and 25 others counterpleaded that the Federal Government of Nigeria [FGN], via the Monetization Policy, directed that residential houses owned by the FGN should be sold by public auction and that, occupiers will be given first option and right of refusal to purchase same at the price of the highest bidder.

Further that a list of residential quarters of the Institute was submitted to the Presidential Implementation Committee PIC for monetization and some serving and retired staff of PRODA duly received monetization, except Mr. Peter Onoh and 25 others and, went ahead to list the staff quarters that were monetized.

Mr. Peter and others averred that the unions have no locus standi to institute the action and there is no privity of contract between them, and also that the Court lacks the jurisdiction to entertain matters of landlord and tenant relationship and, the unions are not entitled to either the reliefs or the aggravated damages sought.

In opposition, the Unions argued that the FGN and Federal Ministry of Science And Technology have made it clear that, the staff quarters have never been part of the monetization programme and never offered for sale to any of the defendants, urged the Court to grant the reliefs sought.

Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Hon. Justice Oluwakayode Arowosegbe affirmed the jurisdiction of the Court and held that the issue at stake is not that of landlord-tenant, but purely dispute on the terms/conditions of employment [employer v. licensees].

The Court held that no individual right is above the right of the general public and that the quarters in question were not proposed for sale to private individuals or third parties but for the public benefits.

Justice Arowosegbe stated that Mr. Peter Onoh and 25 others have not alleged or proved bias against the Project Development Institute and Federal Ministry of Science And Technology, and the Institute being a tertiary research institute meant for the uplifting of productivity through scientific researches is for the public benefits.

The Court held that Mr. Peter Onoh and 25 others failed woefully in the discharge of the burden of proof placed on them, and they have no right whatsoever on the staff quarters in question.

Visit the judgment portal for full details