...ced.   SUMMARY OF PARTIES' CASES  The Claimant's Case as distilled from his Statement of Facts and Reply is that he was employed by the Defendant in October 2022 as a Driver/Delivery Clerk. His salary was progressively reviewed from N150,000.00 to N350,000.00 by June 2025. He avers that from November 2022 to May 2025, the Defendant arbitrarily and unlawfully deducted various sums from his monthly salaries under different guises without any explanation. These deducti ...

...g damages for maliciously instigating and procuring the wrongful termination of appointment of the calimant from the services of 1st and 2nd Defendants IV) The sum of #5,000,000.00 ( Five Million Naira ) against the 3rd Defendant as damages for defamation of character for maliciously and falsely alleging that the claimant stole chicken legs parts which the 3rd Defendant knew to be false. V) The sum of #2,000,000.00 ( Two Million Naira ) as damages for breach of contract between cla ...

...l remuneration multiply by 15 years being the total number of years the 1st Plaintiff have spent working for the 1st  defendant Company as redundancy entitlement. 8. An Order of Court for Payment in whole and in block of 1st  Plaintiff statutory Pension contributions made by the 1st  Plaintiff through deductions of 5 percent from his monthly salaries by the defendants and another 5 % statutory contribution by the 1st defendant in favour of the 1st Plaintiff amounting to 10% Pensi ...

...a Written Address. Both parties adopted their processes at the hearing on the 3rd day of December 2025.  ISSUE FOR DETERMINATION The sole issue for determination in this application, as formulated by the Applicant and adopted by the Respondent, is: “Whether in view of the facts and circumstances of this case, this Honourable Court ought to exercise its powers under Section 7(4) of the Arbitration and Mediation Act, 2023, to appoint a third Arbitrator as the umpire.” &nbs ...

...riginating process and served on the Defendants and the Defendants after filing their Memorandum of Condition Appearances chose to amicably settle their matter.  This settlement was reduced into writing filed and adopted by parties,   they urged the court to enter it as Consent Judgment.   This procedure is allowed both under the law and rules of this court. Section 20 of the National Industrial Court Act, 2006 as well as Order 42 of the National Industrial Court ...

...p action or suit against the Defendant is also a representative action under the Rules of this Honourable Court as to deny the Claimants locus standi in this matter.3. Whether by virtue of suing the Defendant as a party in the Claimants' suit, this suit is not well constituted to confer jurisdiction on this Honourable Court.Upon a careful consideration of the two sets of issues submitted by the parties, this Court finds the issues formulated by the Defendant to be more direct and apt for th ...

...all the claimant’s salaries, allowances and other benefits accruable to her from  the 28th day of September, 2016 till final determination of this suit.  or alternatively.   5.     An order of court directing the Defendant to pay over the claimant the sum of N64,744,226.73 (Sixty four Million, Seven Hundred and Forty four Thousand, Two Hundred and twenty six Naira Seventy three kobo) representing special and general damages thus:-   (a. ...

...arked as Exhibits D1 to D6. Claimant's counsel raised objections as to the admissibility of Exhibits D5A, D5B and D5C, the extrajudicial statements of the claimants before the police, on the grounds that the documents relate to criminal cases and, therefore, inadmissible in civil case. After the conclusion of hearing, parties filed their respective final written addresses. The defendant's final written address was dated and filed on the 7th day of April 2025 and the claimants’ fi ...

...urt process. Counsel submitted that the parties are bound by a valid arbitration agreement contained in Clause 19 of the Executive Service Agreement (Exhibit B). Citing Section 33 of the Arbitration and Mediation Act, 2023 (AMA), counsel argued that arbitral proceedings had validly commenced on 4th June 2024 when the Respondent served a Notice of Dispute. Counsel further submitted that the Respondent had taken active steps in the arbitration, including appointing an arbitrator, before surreptiti ...

...urt process. Counsel submitted that the parties are bound by a valid arbitration agreement contained in Clause 19 of the Executive Service Agreement (Exhibit B). Citing Section 33 of the Arbitration and Mediation Act, 2023 (AMA), counsel argued that arbitral proceedings had validly commenced on 4th June 2024 when the Respondent served a Notice of Dispute. Counsel further submitted that the Respondent had taken active steps in the arbitration, including appointing an arbitrator, before surreptiti ...

... paragraph 2 and 3 (b) (i) of the National Industrial court of Nigeria (Filing applications/Motions in trade Union matters and marking of Exhibits) practice directions (No. 1) 2022.  Whether this suit is not bad for misjoinder of parties and incompetent against the 2nd Defendant same not being a necessary party to the suit having been improperly joined. The claimant’s Counsel did not formulate any issue, for determination but responded to the ...

...otice of Preliminary Objection, this court, in a considered ruling delivered on the 10th July 2024, overruled the objection.  It is important to note that, apart from the Notice of Preliminary Objection that was overruled, the defendant did not file any Statement of Defence in this case.   The matter was set down for hearing for shown to order 35 rule 6 of the National Industrial Court of Nigeria Civil Procedure Rules 2017. At the hearing that took place on the 22nd day of Jan ...

...ments marked as exhibits D1, D2, D3, D4 and D5 respectively thereafter the matter was adjourn for filing, exchange and adoption of final written address. CLAIMANT’S CASE It is the claimant’s case from the Statement of facts and evidence adduced, that he was employed as regional sale Manager to the Defendant and was at all material times discharging his duties and responsibilities to the Defendant prior to 23rd day of May, 2023.   The defendant (the employer of the claimant i ...

... legal fees for the prosecution of this suit.   6.     Interest on the sum at the rate of 20%per month until the judgment sum is liquidated.   7.     And such further or other orders as this Honourable Court may deem fit to make in the circumstances.   In line with the Rules of this court the originating process was accompanied with verifying affidavit, Statement of facts, list of witnesses, witness deposition, list o ...

...e provisions of Section 251(1) (d) of the constitution of the Federal Republic of Nigeria (1999) (as amended) and Section 84 (1), (2) and (3) (A) of sheriffs and Civil Process Act Cap C6, Laws of the Federation of Nigeria 2010, this Garnishee proceedings is competent and the court has jurisdiction to entertain same. Whether the order for disclosure made upon a Motion Ex-parte is not a breach of the Garnishee’s right to a fair hearing. Whether the Judgment Creditor complied with t ...

...nting the balance of the sum of N280,000,00.00 which the Defendant agreed to pay to the claimant as a condition for him to leave Chevron Nigeria Limited to join the services of the said Defendant.   Amendatory order of court directing the Defendant to pay to the claimant the sum of N50,000,000.00 being and representing general and punitive damages for the pains, hardship, mental and psychological torture occasioned by the failure, refusal and/or neglect by the Defe ...

...endered documents marked as Exhibits CW1A to CW1L. He was duly cross examined by the Defence Counsel. The Defendant, on its part and in defence of the case, called one witness who adopted his written deposition, no document was tendered but identified Exhibits CW1A and CW1G already tendered by the Claimant. The witness was cross examined by the Claimant’s Counsel and case was adjourned for adoption of final address.   CLAIMANT'S CASE The Claimant’s case, from the Stateme ...

...bsp;  processes in urging this Court to grant their prayers. The Defendant formulated the following issue for determination of this               Objection. “Whether this Suit should not be struck out for want of jurisdiction.” The Claimant on his part submitted the following issue for determination. “Whether the Applicant is entitled to the relief sought”. In my view the two (2) issues submitted by the parties a ...

...f December, 2020 till judgment and post Judgment interest at 25% from date of Judgment till payment of the said sum.   The Defendant on the other hand filed his response to the Suit, the processes are titled Defendant’s consequential Amended Memorandum of Appearance, Defendant’s consequential Amended Statement of Defence and Counter Claim.  These processes were dated and filed on the 25th May, 2022.  The Defendant also counter claimed against the claimant the ...

...till none of the defendants appeared before this court for defence, despite service of hearing notices on them. The court was moved to foreclose them from defence and case was adjourn for final written address pursuant to Order 38 Rule 4 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017. On the 1st day of July, 2024 when this case came up for adoption of final written address, none of the defendants were in court or filed anything in spite of service of hearing notices o ...

... A and B. Along with these processes mentioned above, the Judgment Debtor filed a Written Address and a reply on Points of Law representing argument in support of the Notice of Preliminary Objection. The Judgment Creditor on his part and in opposition to the Preliminary Objection, filed a six (6) paragraphed Counter Affidavit and a Written Address, as his argument in urging the court to dismiss the Objection with substantial cost of N300,000.00. The Counter Affidavit was filed on the 22nd& ...

...ion that claimant is entitled to N23,397,293,15 (Twenty three Million, Three Hundred and Ninety Seven Thousand, Two Hundred and Ninety three naira, Fifteen kobo) only as total month salary from the month of December, 2016 – June, 2021 as a staff of the Defendant which when mathematically calculated stands at N425,405.33 (Four Hundred and Twenty Five Thousand Four Hundred and five Thousand Naira Thirty Three Kobo) x 55 months = N23,397,293,15 (Twenty three Million, Three Hundred and Nin ...

...or commencement of hearing P.A. George, Esq., Learned Counsel for the Defendant, informed the court that he approached the claimants’ Counsel for an out of court Settlement and asked for a date to report back to the court.  The position was confirmed by the claimants’ Counsel.   This Court, therefore, pursuant to order 42 Rule 1 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 adjourned the case for report of Settlement.   After series of a ...

...ember, 2023.  The Counter Affidavit of 17 paragraphs was sworn by Mr. CHINEDU MBA, an Administrative Manager of the Defendant/Respondent.  In line with the rules of this court, Counsel filed a Written Address as his argument in urging this court to dismiss the application with substantial cost. The claimant did not file any reply on points of law to the Motion on Notice and also not file reply to the Statement of Defence.   On the 29th day of January, 2024 when the matter came ...