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REPRESENTATION: Felix Agbomofor for Claimant. Yahaya Abubakar for the Defendant. JUDGMENT The Claimant commenced this action by a writ of complaint filed on the 2nd of June, 2016 seeking the following: AN ORDER directing the Defendant to pay the Claimants the sum of N64,004,662.72 (Sixty Four Million, Four Hundred Thousand, Six Hundred and Sixty Two Naira Seventy Two Kobo) being outstanding but non remitted salary deductions for September, 2014 N32,412,328 (Thirty Two Million Four Hundred and Twelve Thousand, Three Hundred and Twenty Eight Naira) and October, 2014 (N31,592,334.72 (Thirty One Million Five Hundred and Ninety Two Thousand Three Hundred and Thirty Four Naira Seventy Two Kobo). AN ORDER directing the Defendant to pay to the Claimants interest on the judgment sum at the rate of 20% per annum from the date judgment is entered in the suit till final liquidation of the judgment sum. AN ORDER directing the Defendant to pay compensation to the 2nd Claimant for loss of income which the 2nd Claimant would have earned from the interest that would have accrued from the 2nd Claimant giving out the withheld money amounting to N64,004,662.72 (Sixty Four Million, Four Hundred Thousand, Six Hundred and Sixty Two Naira Seventy Two Kobo) to its members as loans from 1st November, 2014 at the rate of 10% per annum approved by a general meeting of the 2nd Claimant for cooperative loans granted to members in 2014 in accordance with the 2nd Claimant’s bye laws till Judgment is delivered in this suit. AN ORDER directing the Defendant to pay to the Claimants the cost of legal representation in this suit being 10% of the sum claimed amounting to N6,400,466.27 (Six Million, Four Hundred Thousand, Four Hundred and Sixty Naira Twenty Seven Kobo). AN ORDER directing the Defendant to pay to the Claimants the cost of this action amounting to N1,000,000 (One Million Naira) The writ was accompanied with the Statement of Facts a Witness Statement on oath of Mr. Benson Omijie, the president of the 2nd Claimant (the Multi-Purpose Cooperative Society of the Irrua Specialist Teaching Hospital Staff), the Claimants list of documents and documents to be relied upon. On the 26th of June, 2016 the Claimants filed a Motion on Notice brought pursuant to orders 8 rule 1 (1), 5(1), 9 rule 1, 11 rule (1) of the National Industrial Court Rules 2007 and under the inherent jurisdiction of the Court. The motion prays for an order entering final judgment against the Defendant in default of appearance and defence as per the reliefs contained in the Claimant/Applicant’s General form of complaint and statement of fact in this suit. The motion is supported by an affidavit deposed to by the said Benson Omijie in six paragraphs as well as a written address. By the 10th of November 2016 when the case first came up before this Court for mention. The Defendant had not entered appearance formally and was not represented by counsel. Counsel for the Claimant informed the Court that there was already filed the motion for judgment. The Court looked through the case file and saw that at pages 105, 106 and 107 of the case file, the Originating processes and accompanying documents were served on the Defendant and received on the 2nd June 2016 and that the motion on notice was equally served on the Defendant on 28th of June, 2016. A Hearing Notice for the hearing of the motion entering final Judgment on 6th December 2016 against the Defendant was equally served on the Defendant on the 10th of November 2016. On the 6th of December 2016, the matter came up for hearing of the motion. The Defendant was unrepresented. In the face of this absence the Court allowed counsel move the said motion for judgment and adjourned for judgment to the 11th of January 2017, directing further that hearing notices be served on the Defendant and proof of service kept in the case file for such service and date. In the affidavit in support of the motion on notice the Defendant states that he is the president of the 2nd Claimant in this suit and therefore conversant with the facts of the case, that the Claimant filed this suit on 22nd June, 2016. And the General form of complaint, Statement of Facts, Witness Statement on Oath were served on the Defendant/Respondent on 2nd June, 2016 relying on the proof of service. The Deponent stated that 14 days had elapsed since the service of the aforesaid originating Processes on the Defendant but the Defendant had neither filed a memorandum of appearance nor filed a defence in the suit. In the written address in support of the motion the Claimant/Applicant through counsel formulated a sole issue for determination. This being: Whether in the circumstances of this case the Claimant/Applicants are entitled to final judgment against the Defendant in default of appearance and defence? In the argument counsel relied on order 8 rule (1) of the NICN Rules 2007 which mandates any person served with an originating process and in the absence of any stipulated day to enter appearance within 14 days of the service of the originating process by filing a memorandum of appearance in the Court’s registry. That order 9 Rule 1 of the NICN Rules, 2007 requires a party served with a complaint and the accompanying documents who intends to defend and/or counter-claim in the suit to not later than 14 days of anytime prescribed for defence in the complaint file a Statement of Defence and counter-claim if any with accompanying documents. On the consequence of a party neither filing a memorandum of Appearance nor filing a Defence to the suit not filing a declaration of intension to depend the action. Counsel submits that in such circumstances, Order 8, Rule 5 (1) NICN Rules, 2007 empowers a Court to hear the matter and give judgment, that the judgment delivered in such instance is default judgment, which the Supreme Court defined in UTC LTD V. PAMOTEI (1989) 2 NWLR (PT. 103) 244 @ 282-283 per Karibi Whyte JSC as: “The word default which qualifies the noun†judgment as used in this appeal seems to means a judgment obtained by the plaintiff in reliance on some omission on the part of the Defendant in respect of something which he is directed to do by the rules…†Counsel relied on AKINRIBOYA V. AKINSOLE (1988) NWLR (PT.540) 101 where the Court of Appeal held that a default judgment is entered upon the failure of a party to appear or plead at the appointed time. Counsel also relied on NWANOSIKE V, UDOSEN (1993) 4 NWLR (PT. 290) 684 and the case of OWNERS OF THE MV ARABELLA V. NIGERIAN AGRICULTURAL INSURANCE CO-OPERATION (2008) 11 NWLR (PT. 182) 1097 @ 205-206 G-C where the Supreme Court stated that rules of Court are meant to be obeyed and not to be treated with scant regard, that they partake of the nature of subsidiary legislation by virtue of Section 18(1) Interpretation Act. Consequently, Rules of Court have the force of law. That is why rules of Court must be obeyed. And when there is noncompliance with the Rules of Court, the Court should not remain passive and helpless but should sanction the non-compliant party otherwise the purpose of enacting the Rules of Court will be defeated citing also A.S.T.C. V. QUORUM CONSORTIUM LTD (2009) 9 NWLR (PT. 1145) 1 @ 21 F –H; The claimant also maintained that from the Defendant’s conduct, it is evident that the Defendant is not interested in Defending the suit. In concluding counsel urged the Court to grant the Claimant/Applicant’s prayers as sought in the interest of justice and enter final judgment against the Defendant in default of appearance and defence? Order 8 rule 5 (1) of the National Industrial Court rules provide: Where a defendant or respondent fails to file a memorandum of appearance within the stipulated time, or fails to file appropriate processes in defence of the action within the prescribed, and also fails to file a declaration of intention not to defend the action, the Court may proceed to hear the matter and give judgment. The Applicant in its Statement of Fact at paragraph 18 had pleaded that the Defendant is withholding part of the salaries of the 2nd Claimant’s members due to the 2nd Claimant as cooperative deductions amounts to an unfair Labour practice contrary to international Labour standards which forbid the unjustified withholding of either full or part of employees salary. Judgment is hereby entered in favour of the Claimants against the Defendants in default of appearance and defence in the following terms. It is hereby ordered that the Defendant pay to the Claimant the sum of N64,004,662.72 (Sixty Four Million, Four Hundred Thousand, Six Hundred and Sixty Two Naira Seventy Two Kobo) being outstanding but non-remitted salary deductions for September 2014, 32,412, 328 (Thirty Two Million Four Hundred and Twelve Thousand, Three Hundred and Twenty Eight Naira) and October, 2014 (31,592,334.72 Thirty One Million Five Hundred and Ninety Two Thousand Three Hundred and Thirty Four Naira Seventy Two Kobo). 2) It is ordered that the Defendant pay to the Claimant interest on the judgment sum at the rate of 10% per annum from the date of this judgment till final liquidation of the judgment sum. Per Order 21 rule 4 of the NICN Rules, 2007 3) The prayer for payment for compensation is refused as it appears somewhat speculative. 4) The prayer for legal fees and costs are equally denied. The Claimants are to bear their own cost. Judgment is entered accordingly. ___________________________ HON. JUSTICE E. D. E. ISELE JUDGE