- Adejuwon writes President, minister
A former Ambassador to the World Trade Organisation (WTO), David Adejuwon, is yet to be paid repatriation allowance nine years after he was recalled back to the country from Geneva, Switzerland.
The non-payment of the repatriation allowance to Amb. Adejuwon by the Federal Ministry of Industry Trade and Investment was however in defiance of the order of Justice Ayodele Obaseki-Osaghae of the National Industrial Court of Nigeria (NICN) made on Tuesday, March 12, 2024.
Amb. Adejuwon’s petitions to President Bola Tinubu, dated 29th April, 2024 and 28th November, 2024, sent through the office of the Chief of Staff to the President was titled: Re: Judgment On The Suit No. NICN/Abj/301/2017 between Amb, David Ademola Adejuwon and Federal Ministry Of Industry, Trade And Investment — A Reminder.
In his petition, dated 29th April, 2024, to President Tinubu, Amb. Adejuwon stated that former President Dr, Goodluck Ebele Jonathan approved his appointment as Nigeria’s ambassador to WTO.
Attached to the petition was the judgment of Justice Ayodele Obaseki-Osaghae of the National Industrial Court of Nigeria, Abuja Judicial Division that was delivered on 12th March, 2024, duly served to the Ministry of Industry for appropriate action.
He prayed the President for an executive directive that the Minister of Industry, Trade and Investment should comply with the orders of the court without any further delay.
He also urged the President to constitute a high level administrative panel comprising representatives of The Presidency, HOCSF; MFA, Finance, Office of the Accountant General of the Federation, Federal Ministry of Justice to look at the very serious and weighty issues/allegations contained in his statements of claims and the defence and counterclaims by the Ministry filed in the NICN, Abuja and make appropriate recommendations in line with the Renewed Hope Mantra of the current administration and in the best interest of the public.
He explained that he instituted the suit against the Ministry of Industry in October 2017, after it refused to do the needful; consequent upon which the matter went into a full trial.
Amb. Adejuwon petitioned the Minister of Industry, Trade and Investment, Ms. Jumoke Oduwole and Minister of Justice, Prince Lateef Fagbemi (SAN) who, it was learnt, advised the Ministry of Industry to pay the judgment debt .
But rather than heed the advice of the Minister of Justice, the Ministry of Industry filed an appeal which has not been heard or allocated a date for hearing.
In a letter dated February 28, 2025, the Ministry of Industry wrote Amb.Adejuwon of its intention not to pursue the appeal again and opted for an out-of-court settlement in a letter titled: “Re: Judgement Debt on Suit No NICN/ABJ/301/2017 between Amb. David Ademola Adejuwon and Federal Ministry of Industry, Trade and Investment.
The letter signed by Director, Legal Services, Foluso Akinlonu, for the Honourable Minister, stated in part: “..the ministry is favourably disposed to resolving the dispute between you and the Ministry amicably instead of pursuing the Appeal earlier lodged with the Court of Appeal, Abuja Division in respect of this matter.
“Following from the above, the Ministry is Taking necessary steps towards sourcing for funds to pay or liquidate the judgment debt, as soon as possible…”
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Omega Reigns Chamber, Legal firm representing Amb. Adejuwon, in their response dated April 2, 2025, signed by Peter Kayode Abodunrin, stated in part: “We are writing to follow up on your letter dated 18th February, 2025 with reference No; Inv, 32/1, in response to which we wrote on behalf of our client, AmbassadorDavid Ademola Adejuwon, on 20th February, 2025.
“As per our records and our client’s instructions, we have yet to receive the judgment debt payment or any update regarding the status of the disbursement as indicated in yuour aforementioned letter.
“In light of this, we kindly request an update on the payment schedule and would appreciate confirmation of when the payment is expected to be made”
In his letter to the Minister of Industry, Trade and Investment, Ms. Oduwole, concerning judgment debt arising from the ministry’s failure to pay his repatriation allowance back to Nigeria and other entitlements, Amb Adejuwon stated that it had been nine years now that he has been battling with the Ministry that he worked for 35 years, to pay his outstanding allowance and repatriation entitlement.
“My personal effects are locked up inside my official residence in Geneva for the past nine years running.
“The embarrassment and trauma my family has been subjected to is better imagined than being experienced. It has resulted to impaired health for me and my spouse. I just returned with my wife recently from Canada where we went for medical treatment with the help of some family members and friends.
“It’s going to three months now that I got a letter from your Ministry, signed by the Director, Legal Services, informing me of the Ministry’s decision to resolve the appeal it filed against the judgment of the National Industrial Court amicably and that efforts were being made to pay the judgment debt as soon as possible.
“I look forward to an early settlement of the judgment debt without any further delay, please,” he stated
The National Industrial Court of Nigeria (NICN) had on Tuesday, March 12, 2024, ordered the Federal Ministry of Industry Trade and Investment to pay repatriation allowance to Amb. Adejuwon to enable him move his family and personal effect from World Trade Organisation Geneva, Switzerland back to Nigeria.
Justice Ayodele Obaseki-Osaghae gave the order while delivering judgment in suit number NICN/ABJ/301/2017 filed by Amb. Adejuwon.
The court noted that the claimant filed his complaints against the defendant on October 23, 2017 together with accompanying processes.
The court also noted that the claimant, by a further amended statement of facts filed before the court, sought for an order directing 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 travel to Geneva to hand over to new ambassador and to bring back his family and personal effects after the payment of the outstanding allowance and repatriation allowance.
Justice Obaseki-Osaghae granted all other reliefs sought by the claimant in his statement of facts and 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 paid to the claimant within 30 days of the judgment stressing, “thereafter, any sum outstanding will attract interest at the rate of 15 per cent per annum.”
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 Federal Ministry of Industry Trade and Investment, stressing that the tenure policy of the Federal Government denied by the defendant is common knowledge for which this court has taken judicial notice of in several decisions.
The court held that the claimant’s evidence in the entirety of the case was 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 DW, 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 needs no further proof.
The court held that the claimant is therefore entitled to the orders hereinafter made having succeeded in his claims and ordered the defendant to pay the claimant his statutory repatriation entitlements.
The court also held that the defendant has not shown this court any reason why 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 trial judge held that on the whole, the claimant’s case succeeds.
The court berated the defendant over the treatment the claimant has been subjected to by the defendant.
The judge noted: “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 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 Organization, Geneva, Switzerland.”
“The defendant Ministry 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 Organization. The Defendant Ministry can do better than this for the image of Nigeria”, the judge said.
The claimant, in his pleadings stated that at the material time to this suit, he was the Nigerian Ambassador to the World Trade Organization and other Trade Related International Organizations in Geneva, Switzerland.
He averred that by the approval of Mr. President on 29 June 2013 conveyed through a letter from the Federal Ministry of Industry. Trade and Investment dated 24 July 2013 he was appointed as the Nigerian new Ambassador to the World Trade Organization in Geneva Switzerland, and he assumed duty in Geneva on 3rd March 2014 after his predecessor Amb Yonuy Fredrick Agah who was retired from the Federal Civil Service in January 2010 vacated the office.