Bomba Dauda
Honourable Justice S.O. Adeniyi of the National Industrial Court (NIC) in the Kaduna Judicial Division yesterday issued an ordered of the Honourable Court directing the 1st Defendant (Nigerian Union of Teachers, Kaduna State) and 3rd Defendant (Accountant General of Kaduna State) to return or payback to each of the Claimants:
1. BAWA MUHAMMAD N217,100
2. MOHAMMED U. USMAN N176,000
3. NALADO MUSA N180,000
4. IDRIS U. USAMATU N135,000
5. MUHAMMED A. ABDULLAHI N178,000
6. MUSTAPHA SHITTU IBRAHIM N225,000
7. AKONJOS PETER IDZI N147,600
8. HABILA DOGO GEOGREY N119,000
9. ABUBAKAR FATIMA SADIQ N159,800
10. UJONG HALIMA AMINU N170,000
11. AISHA UTHMAN SANI N180,000
12. GUGONG DAVID N176,300
13. KYAUTA PHILIP AJEGBU N253,600
14. MICAH HABILA SILAS N180,900
15. BULUS DAVID CHAWAI N173,900
16. HAFSAT UMAR N167,700
17. IBRAHIM M. SANI N178,300
18. REBECCA BULUS N138,000
19. JAMES TA’AZIYA N147,600
20. AMINA MUSA N155,800
21. HAJARA MUSA N174,800
22. BETI TANKO MOHAMMED N166,300
Stating further, all money deducted from each of them and paid into the account of the ENDWELL Scheme from the date of entry of each of them to May, 2018 as reflected against their names.
By Complaint and Statement of Facts filed in this Court on 08/01/2019, the Claimants, claimed against the Defendants: 1. Nigerian Union of teachers 2. Ministry of Education Kaduna State 3. Accountant General of Kaduna State 4. Attorney General and Commissioner of Justice, Kaduna State the reliefs set out as follows:
A Declaration that the refusal of the NUT to allow the Claimants to leave the Teachers Social Scheme (ENDWELL) was (sic) against the provision of Section 40 of the 1999 Constitution which guarantees to the Claimants the freedom of Association.
That provision of Rules of the Teachers’ Social Security Scheme (ENDWELL) of the Nigeria Union of Teachers’ Kaduna State Wing restraining the freedom of Association is ultra vires Section 40 of the 1999 Constitution and as such null, void and without any binding effect on the Claimants.
Adding that, the Claimants are not members of the ENDWELL Scheme and that they ceased (sic) to be members from the date of the Judgment of this Court.
The Honourable Court directs the Accountant General of Kaduna State to stop further deductions from the salaries of each of the Claimants for the purpose of servicing the account of ENDWELL Scheme as contributions of the Claimants to the scheme and directing the NUT and Accountant General of Kaduna State to pay such further sums as has been deducted from July, 2018 to the date of final determination of this suit.
An Order of the Honourable Court directing the NUT to pay 60% interest on the cumulative amount paid by each of the Claimants from the date each of them joined the scheme to the date of final payment of the contribution of each of the Claimants as per the Rules of the Scheme.
An Order of the Honourable Court directing the NUT and Accountant General of Kaduna State to remove the names of each of the Claimants from the Teachers’ Social Security Scheme (ENDWELL) of the NUT Kaduna State Wing.
For hindsight, the case of the Claimants is that they are members of the ENDWELL scheme; a teachers’ social security scheme (The Scheme), established by the Nigerian union of Teachers, Kaduna State. The Claimants testified that one of the objectives of the Scheme is to advance loan facilities to its members; that the membership of Scheme is voluntary for teachers both in primary or secondary schools in Kaduna State and that they joined the Scheme at different times having being convinced by the various representatives of the NUT Kaduna State of the benefits accruable to members of the Scheme and that they were also informed that members could at any time opt out of the Scheme.
