IN *** NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE LAGOS ******** DIVISION

****** AT LAGOS

SUIT NO NICN/LA/64/2022

****** HIS LORDSHIP, HON. ******* (DR.) I. J. ESSIEN 

 DATE: 21^st July 2026

 

                         BETWEEN

JACOB IKENWE                                                             Claimants                

                                                                                    

   AND                                                                                                                

VIJU INDUSTRIES (NIG) LTD                                       Defendant                                    

JONATHAN OGBONE

                                      

JUDGMENT.

The claimants commenced **** action by a complaint dated the and filed on the 15/2/2022. In the ********* the ******** sought *** ********* ******** from the court:

 

1. A *********** that the dismissal of the ******** Via ****** dated 25^Th June 2021 is irregular, illegal, null and void *** of ** effect whatsoever.
2. A *********** **** the dismissal of *** Claimant without due adherence to the provisions of the 1^st Defendant’s HANDBOOK *** other extant Guidelines as applicable ** irregular, illegal, null *** void *** of no effect whatsoever.
3. A DECLARATION that the dismissal of the ******** without affording him the opportunity to make any form of representation ** defend himself before any **** *********** ************* ********* ** Panel of inquiry ** unconstitutional, illegal,  **** and void *** of no ************* effect.
4. ** ORDER ** this Honourable ***** nullifying *** dismissal of the Claimant *** converting *** dismissal to termination.
5. AN ORDER of **** Honourable Court Compelling the Defendants to *********** pay to the Claimant one ***** salary ** **** of notice in *** sum of N90,000.00 (Ninety -

******** naira) and other benefits ** accrued  ****  the   date  **  ***********   **  the  Claimant’s ********** up to the **** judgment is delivered.

6. ** ORDER of **** Honourable Court ********** *** Defendants to immediately *** ** the Claimant the sum of N2,025,000,00 (two ******* ****** five ******** naira) being unpaid gratuity/*********** with interest thereon at 21% per annum ******* rate from the 1^st of July, 2021 ***** the **** of judgment *** 17% per annum interest from the date ** ******** till *** judgment sum is fully liquidated.
7. AN ***** of this ********** Court Compelling the ********** to immediately pay to the ******** the sum of N1,000,000,00 (one million naira) ** general damages for dismissing *** Claimant without due process.
8. AN ***** of this ********** Court Compelling *** Defendants to immediately pay ** *** Claimant *** sum of N1,000,000,** (one million naira) ** special and ********** damages for being subjected to psychological and emotional trauma, physical dehumanizing conditions and other injuries following the ********* of *** Claimant.
9. N6,750,** (six thousand seven ******* and fifty naira) being monthly contributory ******* from June, 2021 **** judgment ** delivered,
10. N500,000,00 (five hundred thousand naira) **** ** cost of ********* solicitors and cost ** this action.

In ******* of **** claim, the claimant filed a witness deposition ** the ******** ** the sole ******* ***** **** frontloaded documents. 

The defendants filed their statement of defence ** the 25/3/2022. However, *** ******* deposition ** the ********** *********** witness *** ***** ** the 12/9/2025. 

******* ** **** action commenced ** *** 6/11/2025. *** claimant testified ** CW-1. ** ******* *** ******* ********** and went on ** tender *** following documents ** evidence:

1. ************ ** *********** is ******* C1
2. Letter of query is Exhibit C2a and b
3. Response to query ** Exhibit C3
4. ********* ****** of 10/6/2021 is Exhibit C4
5. Letter of termination is Exhibit C5
6. Defendant staff handbook ** Exhibit C6.
7. Solicitors ****** of ****** is Exhibit C7
8. ******** to ********** ****** of ****** is Exhibit C8.
9. Claimant solicitors letter of ******** to defendants solicitor’s ****** ** Exhibit C9.

*** witness was cross examined by *** ********** ******* *** Exhibit C10 a, b, c, d which are *** queries ****** on the ******** was tendered ******* *** claimant.

A document admitting stealing ** a wallet was also ******** through CW-1 ** Exhibit C-11. ** the close of the cross examination, the claimant closed his case. 

 

The Defendant opened their case on *** 8/12/2025. Mr. Akinurele Samuel ******* testified as DW-1 and the sole ******* of *** defendants. *** witness adopted *** witness deposition filed ** the 12/9/2025 *** **** on to ****** *** following documents ** evidence:

1. Warning letters *** Exhibit D1a, b, and c
2. ******** **** ** Exhibit D2
3. ***** ****** ** Exhibit D3
4. ***** to query ** ******* D4
5. ******* *** ******* D5a and b
6. Report ** Jacob Ikenwe ** Exhibit D6
7. ***** Letter ***** 8/6/2021 is Exhibit D7
8. Complaint ** *********** ******** is Exhibit D8a and b
9. Solicitor letter of demand is ******* D9

10.Invitation ** appear before a disciplinary ********* ** Exhibit 
      D10

11.Reply to query dated 3/6/2009 is Exhibit D11

12. ****** of ******* ** Exhibit D12a and b

13. ****** of Apology is Exhibit D13

14 Defendant ******** to COP is Exhibit D14.

 

*** ********* witness was cross examined ** *** claimant counsel *** ********** *** ********* closed their case. *** **** *** ********* for ******** ** the final addresses of the ******* to the parties. On the 20/5/2026, the claimant ******* was ****** ** court. The claimant *** **** not filed a written address, despite *** fact that ******* was in court at the last adjourned date. The defendant ***** written address was adopted and the matter was adjourned for judgment. 

 

***** IN ISSUE.

 The ******** *** Employed ** *** 1^st Defendant on the 29^th  ********* 2005 ** a machine operator ** the ************ ******* of the 1^st Defendant factory ******* ** Isolo, Lagos State. On *** 1/3/2008 the employment of *** Claimant was confirmed  *** he was put ** a salary of N142,320 per annum and **** transferred to *** defendant office ** Ikeja Industrial Area. *** claimant also worked ** ********* ******** of the 1^st ********* company. The claimant salary was ********* to N90,000 which ********* to N1,080,000 *** annum.

 

On *** 8/6/2021 *** claimant was queried. ** allegation of demanding money from ************ and ******* before loading, encouraging ************ to *** trucks under his supervision *** frustrating ************ and ******* who refuse ** ****** to the practice by ******** *** loading of their product. On *** 9/6/2021 he ********* ** the query ******* *** the allegations and on the on 10/6/2021 ** was suspended from **** pending the outcome ** an investigation. The claimant contend **** the 1^st defendant did not issue the Claimant three (3) written ******** consecutively within one calendar year as ********** ** ****** B-11 of the 1st Defendant’s ******** before the Claimant *** ********* from work. *** 1^st Defendant did not set up nor ****** the Claimant ** appear ****** *** investigative ***** ** committee to defend himself of *** allegation against him, instead ** calling the ******** **** at the expiration of the suspension, *** 1^st defendant dismissed the claimant vide a letter dated the 25/6/2021. That **** *** ********* of *** claimant, the 1^st defendant has refused to pay the ******** the whole or *** **** ** his gratuity/entitlement contrary ** the provisions and stipulations ** *** Claimant’s letter/confirmation ** employment and the 1^st Defendant’s Handbook. The ******** ***** his solicitors ** ***** a ****** ** demand on the 29/7/2021 for the payment of the gratuity and entitlement ***** the 1^st defendant responded ** letter dated *** 11/8/2021 denying owing any money to the claimant. *** ******** solicitor also replied ** the ********* solicitor ******** on *** 11/8/2021. It ** the ********** ** *** ******** **** he ** ******** under Clause A-25 of *** 1^st ********* hand book to the ******* ** his ************ pension *** also ***** Clause A-41(d) *** of service ******** having put in 15 ***** ** continuous service in the sum of N2,025,000. ******* it is contention that the dismissal is in ****** of *** terms ** employment of the ******** by the Defendants and ***** refusal to pay the Claimant *** gratuity/entitlements *** caused *** continue ** cause *** Claimant untold hardship, pain, anguish, psychological and emotional trauma, public odium, embarrassment, humiliation, hunger, *********** and inconvenience ***** **** suit, 

 

The Defendant has ****** **** of the allegations ********* ** the statement of facts. *** Defendant posits that in the ****** of the employment, *** ******** was issued so **** queries and sometimes suspended from work. That *** Claimant ****** *** ***** increased from N40,*** to N90,*** as claimed. **** *** Claimant was *** ********* *** was asked to step ***** by *** letter of 10/6/2021. *** ********* ***** the issuance ** a query to the Claimant *** stated that *** query was based ** ********** by its distributors. That the action of the defendant ** frustrating *** loading of product ** distributors who ******* to patronise the trucks under the Claimant supervision adversely ******** *** ******** ** the company. The defendant contends **** it constituted a panel to investigate the allegation ******* the claimant and at the hearing the ******** ******** demanding ****** from ************ and drivers *** gave ********** to those that ** collected ****** from *** *** admission was ****** to *** fact that he was promised soft landing. **** the 1^st defendant wrote a petition ** *** *** ****** Police station ******* the claimant *** some other ***** with ******* ** *** extortion, frustration of *** ************ ** the ******* *** managing ** third-***** trucks. That it was upon *** ********* ** the allegations made ******* the ******** ** *** hearing of the panel **** the ******** by *** letter dated the 25/6/2021 dismissed *** ******** from *** employment of *** 1^st Defendant. The defendant ****** **** ***** Clause A-41(d) the 1^st ********* **** *** end ** service gratuity benefits ** stated in the handbook. The 1^st  Defendant handbook 

stipulated **** the 1^st ********* ***** *** 11-15 years continuous service Ex-gratia award, 6 weeks *** *** every completed **** of service *** the Defendant did not put in 15 years of service to ***** he is entitled ** the sum of N2,025,000 as claimed ** this action. The 1^st Defendant posits that the ********* of *** ********* was in line with the 1^st defendant handbook as *** Claimant was afforded   the opportunity to make representation and defend himself before a duly *********** Investigative Committee or panel of Inquiry.

***** represents the contending issues ** this action. 

 

ISSUES FOR DETERMINATION.

The ******** *** *** file a final ******* address ** **** action. ** the defendant ***** written ******* filed ** the 1/2/2026, the defendants ********** 6 issues for determination to wit:

1. Whether the ******** ** plead and tender the letter of employment is fatal to the claimant’s case.
2. Whether *** staff Handbook is contractually ******* without ********* ****** of employment incorporating it ** reference.
3. Whether the Claimant’s dismissal was lawful and justified *** ** compliance with due process.
4. Whether reply ** ********* ** Defence not coupled with ******* statement ** oath is ****** abandoned.
5. Whether the Claimant is entitled ** *** of the ******* sought.
6. ******* the 2^nd ********* is proper party to **** suit.

I have carefully examined the issues formulated ** the defendants. Only issue 3, 5 and 6 *** be said ** be issue **** the court can consider in  resolve the dispute ** this action. *** ***** issues *** fragments of what constitutes the ***** issue ** which when considered ***** resolve *** dispute ******* the parties. To this *** the issue for ************* is 

 

1. Whether the Claimant’s dismissal was lawful *** justified *** in compliance with *** process.
2. Whether the Claimant is entitled to any of the reliefs sought.
3. Whether *** 2^nd Defendant ** proper ***** to **** suit.

 

 

** ISSUES 1 AND 3 

Before I ******** this **** issue, *** me consider the issue ** proper ***** ****** by the defendant. *** ******** ****** the 2^nd ********* Mr. Johnathan ****** as 2^nd defendant ** this suit. *** ******** in *** statement of facts ********* the 2^nd defendant as *** ***** ********* ******* of *** 1^st defendant. Throughout *** pleading no ******** *********** of facts was **** against him ** person or ** the ***** Resources Manager ** the 1^st defendant. The 2^nd defendant would have been acting in the capacity ** an agent of a ********* principal in the *********** of his ****** as a ***** of the 1^st defendant. There ** also ** reliefs sought against the 2^nd defendant ** ******* his ***** joined as a party to this action. ** is *** also in ***** that **** suit can ******* to ******** without joining the 2^nd defendant. It ********* follows that the 2^nd defendant is ******* a proper party, nor a necessary party. The 2^nd ********* can **** *** ** a desirable party having regards ** *** circumstances of **** case. See Apugo V. Ugoji [2022] PLELR-59893 SC.  (Pp. 18-19 paras. C) where the Supreme ***** held:

"Proper parties are those who, though not interested in *** plaintiff's claims, *** made parties for **** good reason e.g. ***** an ****** is brought ** rescind a contract, any ****** ** a proper party ** it *** *** active or concurring ** the matters which **** the plaintiff the right to rescind. ********* [******* are] those who have an ******** or who *** be affected ** the result. Necessary ******* are those *** are *** only interested in the ******* matter ** *** proceedings *** also who ** their absence, the proceedings could not ** ****** ***** with. In ***** words, the question to ** ******* ** the action between *** existing parties must be a question which cannot ** properly settled unless **** are parties to the action instituted ** the plaintiff." *** KEKERE-EKUN, J.S.C (Pp. 18-19 paras. C)

 

 In *** case A-G, ********** V. Abubakar [2007] 10 NWLR (Pt. 1041) 1 ** 42, ** was held: ‘A Defendant against **** no ****** is claimed *** ******* whom no ***** ** action ** disclosed ** not a ********* ** proper party ** the action’.

On the strength of the above ***** authorities, it ** *** findings of this court *** 2^nd defendant Jonathan Ogbone the Human Resources ******* ** the 1^st ********* ought not to have been joined as a party to this action. *** name is ****** struck as a ********* ** this action.

 

We shall now consider the main ***** ******* for determination. 

** is *** ** dispute **** the Claimant was in the employment of the 1^st defendant. This is ********* ** the letter of confirmation of appointment tendered as Exhibit C1, *** also all the other exhibits that show that the claimant was in the 1^st ********* employment. The argument ** *** ********* counsel that the Claimant failed to ***** and tender his letter ** employment ** of no moment **** consideration is had to the ********* that employment ******** **** *** always be in writing. The Court can imply *** ********* ** a contract of employment by *** conduct ** *** parties though there be no ******* terms of employment. In the **** of Iyere V. ****** Feed *** Flour **** Ltd  [2008 LPELR-1578 (SC) (Pp. 21 paras. D) The ******* court ********** **** position when it **** ***** alia "I ****** add that ** employee, except ***** a different meaning is given in the context of *** employment, means an individual *** has ******* into or works under, or where *** employment *** ceased, worked under, a contract of employment. A contract of employment connotes a ******** of service ** apprenticeship, ******* express or implied, *** if ** is express, whether it ** oral or in writing."  *** MUHAMMAD, J.S.C.

 

******** **** the claimant was not issued a letter of appointment, *** the failure to present one if the *********** was made in writing cannot defeat the claim because the subsequent ************ ** the appointment ** Exhibit ** which ****** in the 2^nd to the **** paragraphs of the letter **** ‘**** the date you assume duties, other terms and conditions ** ******* of *** company will apply ** you. *** will be ******** ** strictly adhere to the rules *** *********** of the company, and *** should *** be involved ** *** conduct which may be against the company’s interest, show that the employment ************ was to be ********* by Exhibit C1 and the Viju Industries ******* ***** Handbook tendered ** Exhibit C6. ** is not *** law as argued by the Defendant that ******* C6 must be incorporated into the ******** of ********** to be effective. *** handbook is part of the 

rules and ********** ** the defendant as mentioned in the letter ** confirmation of *** Claimant appointment Exhibit C1.  The ********* argument that the ***** ****** the ***** is speculative and legally unsustainable has ** justification ** law. It is accordingly discountenance. 

 

** is ** evidence that the 1^st ********* gave the Claimant a query as evidenced by ******* C2a and b. The query ** *********** by a statement ** 3 allegations of ********** for ***** his response is ******** ** wit; 

i) Demanding for money from distributors / driver ****** they can load. 

ii) Encourage Distributors to use trucks under him

iii) Frustrating distributors/ ******* that refuse to patronise *** . 

The ******** answered the query in Exhibit C3, denying all the allegations made against him in the query. Being unsatisfied **** *** reply ** the query, the 1^st ********* ** a letter dated the 10/6/2021 tendered ** ******* C4 wrote thus:

 Dear Mr ***** Ikenwe,

          

****** reviewed **** response to ***** giving ** you, you are ** step aside from **** for a **** to ****** the ********** ** a detailed investigation.

We assure you that this ************* will be done without sentiment or **** and if you come out clean *** company will pay for the days ** the investigation.

 

Sincerely,

For; Viju Ind. Nig. Ltd.

The defendant in his defence has ****** that the Claimant was never suspended. That he was asked ** step aside. In other-words, the defendant is trying ** say the Exhibit 4 is not a letter of suspension. The words ‘**** aside’ ** not a ************ ***** to labour. *** use ** that word cannot **** away the legal effect of what *** 1^st defendant *** ***** the circumstances which was ** suspend the 1^st ******** from work for a **** to enable the defendant’s ******* an 

 

investigation into the allegation ** misconduct levelled ******* the Claimant. ** Miaphen V. Unijos Consultancy Ltd (2013) LPELR-21904(CA) (Pp. 29-30 paras. B) *** Court of Appeal defined suspension ** ‘The ********* withdrawal from employment; ** ************* from permanent severance, e.g. suspension from ******** ******* pay, between master *** servant. In Longe v. *** Plc. (2010) 6 **** Pt. 1189 P. 1 @ 55 and 60 *** Court described suspension as a prelude to dismissal from an employment. It ** a state of ******* which ****** while ***** is a contract in force *******   an  employer and employee, *** there ** ******* work being done in   ********* of it nor remuneration ***** paid. ** is neither a *********** of *** ******** of the employment nor a dismissal of *** employee. It operates ** suspend *** ******** rather **** terminate the contractual obligation ** the parties to each other. ** is a **** entitling the ******** to ******* *** ********** of the employee. It is a step taken before finally ******** what ************ action is ** be taken by ** employer against an employee. ********** by ** employer ** an employee **** means that the employee has been stopped from performing the normal or ordinary ********* or duties of *** office. See University ** Calabar V. Esiaga (1997) 4 NWLR (pt. 302.p. 719

So **** as the claimant was ***** ** stop **** for a time ** pain of ***** denied the salary for that period. It ** the finding of this court that *** Claimant was ********* in Exhibit C4. 

 

The evidence before the ***** is **** the letter ** suspension ******* C4 was ** last for one **** to ****** the defendant to ******* an investigation in the ********** made against the Claimant. *** ******** testified that the 1^st Defendant deliberately *** ******** failed, refused and or ********* to *** ** ** investigative panel ** ********* ** *********** *** matter *** thereby denied him the *********** to ****** himself. It ** also his evidence **** 1^st ********* did not invite him to ****** before *** investigative panel or committee to ****** myself of the allegation against him ****** terminating *** employment ** the 25/6/2021vide ******* C5. The claimant *** been consistent in this contention as reflected in *** ********** ****** of demand ******** ** C7 in ********* 7 where he ****** **** ‘**** thereafter without further ******** to our client, 

****** via an invitation to defend himself of any allegation(s) or wrong doings against his person, if any, you issued *** letter ** dismissal/termination ***** stated’. The Defendant argued to *** contrary *** states **** a panel *** set ** and *** ******** *** ******* to appear and ****** the allegation **** ******* him. Defendant relied ** ******* D10, *** letter ** invitation ***** the 9/6/2021. I have carefully examined ******* D10, it is an invitation to appear before an ************* panel on the 11/6/2021. Interestingly, the letter is not ********* to the Claimant or anybody. ***** ** no endorsement ** the letter that it *** received by the ******** or anybody. ******** The Claimant was ********* on the 10/6/2021 by ******* C 4. However, *** letter ** ********** is ***** *** 9/6/2021, which ***** that the claimant was invited even before ** was suspended or *** investigation panel was set up. ** the order of things, *** letter ** suspension ought to precede *** letter of invitation to appear before *** panel and not the other *** round. The letter of invitation Exhibit D9 cannot be an invitation of the claimant to appear before any ************* panel over *** ********** which led to *** ********** of the claimant by Exhibit C4. **** is more absurd about *** story of the defendant is **** ** ***** a panel was *** ** to *********** the ********** *** the Claimant appeared *** ******** the allegation ** ****** by the defendant, to establish **** assertion, the Defendant ought to have ******** ****** **** court a report of the ***** ** investigation, which would **** contained this finding. The burden of establishing *** ***** of the assertion that a panel was set ** and the claimant appeared and admitted the allegation made against *** **** on *** defendant. *** law is that he who asserts must proof . See Section 131(1) of the Evidence Act 2011. See also Ugiagbe V. **** & Anor [2022] EPELR-57136 (CA) (Pp. 19-20 paras. D) 

"The *** is that he who asserts must prove. See ******* 131(1) of the Evidence Act, 2011. See the case of Omisore & Ors. v. Aregbesola & Ors. (2015) **** (Pt.1482) 205 ** 273. Therein, the **** Court per Nweze, JSC held:

"It ***** ** **** - *** burden of proving a fact rests ** the party *** asserts the affirmative ** the ***** and not upon the party who denies it, for a negative is usually incapable of proof."

** yet ******* case, Haruna V. Modibbo (2004) 16 **** (Pt.900) 487, PP. 545, ***** F - G, 572, **** D, 577 ***** E - G, ** was held:

"The burden of proof generally lies on *** plaintiff. The proof lies upon *** who affirms not upon him *** denies. This is because *** negative does not admit of the ****** and simple proof of ***** *** affirmative is capable."  *** Abundaga,  JCA.

The ********* was ***** a duty to lead credible evidence to proof *** *********** made by him. In the case of Ukeje & Anor V. Ukeje (2014) LPELR-22724(SC)  (Pp. 43 paras. B) The Supreme Court Held thus:

"** ** not ****** for a party to make an allegation before a Court, ** must lead credible evidence to prove same”. Per Okoro, J.S.C

*** also  Union **** Plc V. Astra Builders (WA) Ltd [2010] 5 NWLR (Pt. 1185) 1; Imana V. Robinson (1979) 3 - 4 SC. 1.   

 

While there is no hard *** fast **** about a conduct that may be regarded as ********** **** will attract dismissal. *** law is also settled that the employer has *** ***** to dismiss *** employee for misconduct. However the established position of the *** is also **** where the ********** of misconduct is **** that can lead to the dismissal ** an employee, the Employer must **** *** employee *********** ** defend the ********** **** ******* him. The Defendant considers *** allegation made against the Claimant as misconduct that can lead to termination, in this **** the claimant *** under a duty to afford the ******** the ***** to defend the allegation against him. See ********** V. ****** Bank [2020] LPELR-49583(CA)   (Pp. 35-41 paras. A)  

In the **** ** U.T.C. (Nig) *** V. Peters [2009] LPELR-8426(CA)  (Pp. 24 paras. B) The Court of ****** *** **** emphatic when it held thus:  

"** light of all the observations **** above, ** is ******* that the lower Court was right when it held at **** 495 of the ****** thus: "***** a ******** had been properly ********** intention and ****** ****** irrelevant. But ***** the ********* pleads that a ********* ** ***** removed *** misconduct, his removal cannot be justified in *** absence of an adequate opportunity being offered to *** to explain, justify ** **** ****** the alleged misconduct. The ***** ****** at ******** **** hearing to a person --------

 

***** right is allegedly violated. Having so ***** ***** I hold that the 1st ****** of *** plaintiff succeeds."   Per Kekere-Ekun, J.C.A 

See **** *** Plc V. Oranuba [2013] LPELR-20692(CA)  (Pp. 47-48 paras. B) 

 

On *** strength ** the ***** ********** position of the *** and *** ***** of *** ******** adduced in this action, it ** the ******* of this ***** **** *** ********* failed to ***** that ** afforded the Claimant the right ** defend himself ** the allegations made ******* him before *** ******** *** summarily ********* vide ******* C5. This being the case *** dismissal of the ******** was in breach ** *** principles ** fair ******* *** a violation the contract of employment between *** claimant *** *** defendant ** this action. The dismissal ** the claimant in ******* C5 ** ****** ******** null and void. **** ***** ****** order the reinstatement of the ******** ** view ** the fact **** the ********** ************ was that of master *** servant. Accordingly,  the dismissal ** hereby converted ** *********** of ********** without proper notice. Relief  No. A, B, C, *** D succeeds. 

 

 In the ****** of the trial the ******* tendered several queries, ******** and *********** in ******* C10 a ** d, Exhibit D1a to c,  *** ******* D2, D3, D4, D5a & b and  D7 to show a ********** pattern of infraction committed ** the Claimant while ** course of the employment. More particularly Exhibit *** which the court admitted in evidence ***** being satisfied **** it *** made by the Claimant ** a ********** of theft of a wallet by **** same Claimant. This was appropriate incidences ***** the summary dismissal of the claimant would **** been justified. However, the Defendant instead of initiating ************ proceedings against the ******** continued to keep him in *** employment. Those evidence cannot be used to justify *** ********* of the claimant in this action. *** failing to initiate the disciplinary proceedings the defendant is deemed to have condoned the excesses of the claimant. *** Defendant cannot **** on those queries as ** is barred from doing ** by Clause B-** of the ********* Staff ******** ******** ** Exhibit C6.  

 

 

ON ***** NO 2.

Whether the ******** ** entitled ** *** of the reliefs sought

In relief ‘e’ in the complaint, *** Claimant claims N90,000 being one ***** salary in lieu ** notice and other benefits ** accrued to him form the date ** *********** of *** contract. I **** already ***** ** this judgment that the ********* of *** claimant is unjustified and declared same **** ***** also converting the dismissal to *********** ******* notice. Clause A-35 ** *** Defendant ******** ******* C6 requires each party to **** *** ***** one month notice ** writing in the event of termination of the employment. The ******** asserts that his monthly salary was N90,*** per month. ***** the ********* allege that the ******* paid factory worker was ********* *** sum of N40,*** per month This ** *** a ******* to the ***** of N90,*** salary per month. *** ******** did *** say that the ******** ****** was N40,*** so as to effectively join issues with *** Claimant on this. The claimant who *** employed as far back as 2008 could not **** continued to be on a salary of N40,000 *** month ** 2021. None of the ******* ******** a pay slip or any ***** evidence ** salary *** claimant *** receiving. This court is ********** disposed to ********* the testimony of *** ******** ** this issue.  The Equitable ********* that equity will *** ****** a ***** ** be ******* a ****** readily applies to **** situation. As recent as 2026 the Supreme Court in the case ** IDSL V.  ********* & ORS.  [2026] LPELR-83713 (SC) at 15-16 paras C-G.  has extended the ********* of *** damages awarded *** ******** *********** of ********** beyond the ****** in lieu of notice. The Supreme Court has held ***** alia:

****** ******* the employment to ** end outside *** terms ** employment, *** employer cannot restrict *** quantum of damages to the employee to *** terms ********** in the contract. The ******* of damages awardable to *** employee in such ************* ****** be in accordance with the general *** ** contract on award ** damages for ****** of contract which would involve a consideration of the consequential loss **** has ****** or would arise from the ****** of the contract of employment. 

Also ** the **** ** FESTUS MRAKPO V. POLICE SERVICE COMISSION [2016] LPELR-40489 (CA) THE Court ** Appeal held inter alia:

Where an employee ** wrongfully removed either by a ******* dismissal which is *** ********* or by *** giving ** ************ notice, the normal ****** to which ** is ******** ** damages. The main head of damages ** *** salary ** wages which the ********** removed employee would have earned up ** *** earliest time at which *** ******** could have validly **** ********** *** employment. Thus, where the contract provides **** the employer could terminate the employment ** giving *** months notice in ******* ** two months salary in lieu of such notice and if the employee ** dismissed without ****** or salary in lieu, the employer would ** liable for more than *** months salary. 

From *** facts ** this case the court has already found that the ******** was wrongfully dismissed. The measure of damages would ********* *** ** ******* to the one month salary in lieu ** ****** because he *** unlawfully  ********** which ** in ****** of the *********** of notice. This is a case of wrongful dismissal anchored ** the ****** ** *** fundamental requirement of the denial of fair hearing or the ****** ** the opportunity ** defend the ********** of misconduct ******** against the Claimant. For ***** reasons, this court must take **** consideration *** employee monthly salary which ** has missed by reason ** the ******** dismissal, and **** the consequence of the economic loss arising from the premature *********** ** the employment. To this end This court would ***** the ******** ******** ** *** sum ** N90,000 to 24 ****** for the wrongful ********* from the employment ** the total *** ** N2,160,000 (Two Million *** ******* and ***** Thousand Naira only). 

RELIEF ** ‘F’

In this ****** the claimant claims the *** of N2,025,000,** (two mllion twenty **** thousand naira) being unpaid gratuity/entitlement **** ******** thereon at 21% per ***** banking rate from the 1^st of July, 2021 until *** date ** judgment and 17% per annum interest from *** date of judgment till the judgment sum is fully liquidated.   

The ******** testified that By Clause A-14 (d) of the Defendant handbook *** to pay an employee that has *** in 11-15 years continuous service an Ex-gratia ***** of 6 weeks pay for ***** ********* year ** service. The ******** ********* **** that he had *** in 15 years of service for ***** he is ******** to the sum N2,025,000,00k. The contention of *** defendant that the claimant *** not put in 15 years of ******* to be ******** to *** Ex-gratia payment is misconceived. By ****** A-5 of the ********* ******** Exhibit C6, the probationary period was 6 months. If the claimant appointment was ********* on the 1st March 2008,  The Claimant was employed in October 2007. **** October 2007 ** 25^th June 2021, *** Claimant would have served *** Defendant *** a period ** 14 years. The claimant therefore ****** qualified to **** ******* ** Clause A-41(d) ** the stipulation in the ********* handbook Exhibit C6. It ** the finding of this court **** the Claimant has proved his entitlement to judgment in *** *** ** N2,025,000,00k ***** the Ex-****** ******* or gratuity entitlement ** the claimant upon *** successfully putting in 14 years of service **** the Defendant. *** ******** also ****** prejudgment interest on the above sum. The law is that a party *** claims *** ******** interest **** plead and proof his entitlement ** the interest ****** by ********* or ** ********** custom. Wema Bank V. Abc/Omega Information ********** Ltd [2015] LPELR-24724(CA)   (Pp. 19 paras. E) "*** ***** for pre-judgment interest ** not **** as ** right *** ** such must ** strictly proved by sufficient *** ******** evidence ** an agreement by the ******* ********** *** the essential details of *** interest payable on the **** or loan.  Per Oseji, J.C.A (Pp. 19 paras. E). *** Claimant offered no ***** ** this regards the ******** can therefore *** ** ******* by **** court. *** claim of 21% interest is therefore refused and dismissed. 

 ****** ‘G’ and ‘H’

In ***** reliefs, the Claimant claims N1,000,000 as general damages for dismissing the Claimant without due process. Furthermore *** ******** claims another N1,000,000 special and aggravated ******* for ***** subjected to ************* and ********* trauma. ******** ************ conditions and other injuries following the ********* of *** Claimant. This court has already awarded 24 months salaries ** damages to *** claimant. *** ******** ****** claim a further *** in as general damages. *** claim of N1,000,000 ** general damages ** ******* and dismissed. 

 

This court ****** award *** ********** damages. In *** award ** ********** damages the court ** awarding damages ***** into ******* the malice and bad motive ** the defendant which *** **** increased or "aggravated" *** claimant's feelings ** hurt and distress and so awards ****** damages, traditionally ******** ** as 'aggravated damages', ** compensate for that. Again, I refer to Winfield and Jolowicz 18** ******* at Para 22-8 . See the case of Western ********** Co. *** & **** V. Fayemi [2015] LPELR-24735(CA)  (Pp. 61-73 paras. D)

The ******** before the court does *** suggest the need to award this **** of damages, **** so because the ******** here was under a disciplinary procedure. *** for *** **** that *** Defendant committed a *********** slip in the ******* ** *** proceedings the claimant would not have had *** reprieve as granted ** this court ** **** judgment. The claimant is not who  by *** evidence ******** ** this judgment can ** ****** a good employee.  

Also, If *** claimant ****** *** ***** *** as ******* damages, ** must ** specifically pleaded *** strictly proved his entitlement ** the ***** of same.. *** the **** ** Flourmills ** Nigeria *** & Anor V. Nigeria Customs ******* ***** & Ors. [2016] LPELR-41256(CA) (Pp. 32-34 paras. E)

For the ******* stated above the claim ** N1,000,*** as ******* and aggravated damages is ******* and accordingly dismissed. 

 

ON CLAIM I,

In this claim the Claimant seeks an order for the payment of N6,750,00 (six thousand seven hundred and ***** naira) ***** ******* contributory pension from June, 2021 till ******** ** delivered. Let ** start ** saying **** this claim is misconceived. **** claim is ****** in special damages. The Claimant is ********* under an evidential burden ** plead **** ***** *** offer strict ***** ** the entitlement *** the court to grant same. The evidence before *** court ** that the claimant’s dismissal ***** this ***** has set aside was made ** Exhibit C6 on the 25/6/2021. From that date the claimant is deemed not to have been ******* ****** *** which ----------

a contributory pension deduction could **** **** made by his employer *** defendant and remitted to any pension ******* ******** by *** defendant pursuant to ******** 9 *** ** of the ******* Reform Act 2014. To claim ************ pension **** the Claimant was not earning any ****** is like putting something ** nothing and expecting it to stand. ** **** ** no salary was earned by the ******** *** defendant was under ** obligation to **** *** pension deduction un-behalf ** *** Claimant. For **** reason, the claim must fail. ** is accordingly dismissed. 

 

 

ON CLAIM J.

The claimant under this **** of relief ****** the sum N500, 000 ** cost of retaining solicitors and cost of this action.

*** ***** ** solicitors cost *** never won *** ****** ** the ***** in this jurisdiction. In the case ** Suffolk Petroleum V. Adnan Mansour Nig. Ltd [2019] 2 NWLR(pt. 1655 pg. 1 ** 33 ***** D-F  The Court of ****** held:

***** is no basis for *** award of professional fees allegedly **** by  a party ** respect of a case and the other party ****** be **** liable for the fees paid by the party. It is an unusual claim *** difficult to ****** in Nigeria. *** ***** ** ******* as ** aspect of solicitors fees is not one **** lends itself ******* in a court ** law.

See also ******* V. Access Bank [2017] LPELR-41981-1 at 48-49.

The ***** for solicitors coat has ** ***** ** our law. *** ***** must fail. It is hereby dismissed. 

CONCLUSION.

*** ***** of *** ******** in this suit succeeds in part. ********* is hereby entered in favour ** the ******** in the ********* terms. 

**** and **** and of no effect whatsoever *** being in breach ** the Claimant ***** to fair hearing. 

2. A DECLARATION ** hereby **** that the dismissal of the Claimant without *** ********* to the provisions ** the 1^st Defendant’s handbook and ***** ****** Guidelines ** applicable is irregular, illegal, null and **** and of no effect whatsoever.
3. A DECLARATION is hereby made that that the ********* of the Claimant without affording him the *********** to make any form ** representation or defend himself before any duly constituted Investigative ********* ** Panel ** inquiry ** unconstitutional, illegal, null and void.
4. ** ORDER is hereby made nullifying *** dismissal of *** Claimant. *** dismissal of the Claimant ** hereby converted to termination.
5. The Defendants shall pay to *** ******** salaries ** *** *** of N90,*** for 24 months for the ******** dismissal of the ********  **** the ********** in the ***** sum ** N2,160,000 (Two Million One Hundred and ***** Thousand Naira only).

 

2.  Reliefs,  f, g, h, i *** j ** the **** *** ******* and accordingly dismissed. 

 

3. The Defendant shall *** cost of N500,000 to *** Claimant. 

 

Judgment ** hereby entered.

 

___________________________________ 

Hon. Justice (Dr.) I. J. Essien

(********* Judge)

 

REPRESENTATION.

P.T.Dabor Esq.for *** claimant

D. C. Ejikeme Esq. for defendant