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Hon. Justice Anthony Ubaka of the Lagos Judicial Division of the National Industrial Court has declared that Pastor Femi remained an employee of the Registered Trustees of Mountain of Fire & Miracle Ministry throughout the period of his arrest till the date of judgment delivery.
The Court ordered the Registered Trustees of Mountain of Fire & Miracle Ministry to calculate and pay Pastor Femi his salaries from the day of arrest 25 January 2008 till the day judgment was delivered with the sum of N500,000 cost of action within 30 days.
The Court ruled that where there is an order acquitting and discharging Pastor Femi as innocent of alleged criminal charges levied against him by the Police, Pastor Femi is entitled to be paid the backlog of his salary together with all other entitlements that go with the repudiation of his employment.
From facts, the claimant- Pastor Femi had pleaded that he was promoted from usher to full-time pastor at the time he was arrested on 25th January 2008 and pleaded that he was incarcerated upon a complaint by the Church since 2008 and has not been given any letter repudiating his contract of employment with the Church.
Pastor Femi averred that the Registered Trustees of Mountain of Fire & Miracle Ministry refused to pay him his entitlement and were not willing to cooperate with his counsel to lighten his burden; that his incarceration and wrongful prosecution for 8 years have negatively affected his health and that he is presently handicapped in discharging his responsibility to his family.
In defence, the defendant- Registered Trustees of Mountain of Fire & Miracle Ministry maintained that Pastor Femi's employment had been terminated vide a letter dated 27th May 2008; that Pastor Femi absconded from his duty post for a period exceeding 7 days in breach of his conditions of service, the same reason his salary was suspended and he is therefore not entitled to any benefits or entitlement whatsoever.
The Ministry argued that Pastor Femi who had a duty to show up for work and also receive official correspondence at work cannot benefit from his own wrong of failure to show up at his place of employment when he has not shown that he formally communicated/requested -leave to be absent as stipulated in the Conditions of Service.
The Ministry averred that Pastor Femi is an opportunist looking to blackmail and exploit the charitable nature of the Church and that the instant suit is gold-digging, frivolous and vexatious and the same ought to be dismissed with substantial cost.
In opposition, the claimant's counsel, Prince Ademola Adewale Esq argued that it would be cruel for a party to claim oblivion to a fact well known to it and deny such fact in its entirety, that his client was arrested, detained and thereafter remanded all in the instance of the Church.
In a well-considered judgment, the Presiding Judge, Justice Anthony Ubaka held that the Labour Act stipulates notice of termination must be in writing and queried where in the world of work a person in prison awaiting trial for criminal charges obtain permission that he will be away from work as the Church is aware of Pastor Femi's travail.
Justice Ubaka ruled that the assertion of the Registered Trustees of Mountain of Fire & Miracle Ministry that Pastor Femi absconded from duty is not tenable as absconding from work is a situation in which an employee fails to report to work for several days without informing managers and others in the organization.
“Here, we must not loose focus of the fact that he was arrested by the police on the charge of robbery and conspiracy to rob the defendant. The case of conspiracy and alleged robbery and attempt to rob the defendant and no other persons is the reason the prosecution presented before the Lagos state High Court. As the defendant was well aware of the reason for his long absence can they turn around to brand same as an abscondment? I find and hold that the claimant did not abscond from his place of work, he was arrested, did not jump bail, and was incarcerated for about 8years until acquitted and discharged by the High Court of Lagos state after which he wrote a letter to his employers for his outstanding salaries.” The Court ruled
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