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The Presiding Judge, Akure Judicial Division of the National Industrial Court, Hon. Justice Kiyersohot Damulak, has declared that Mr John's employment was never terminated at any time.
The Court ordered the Chairman, Secretary and Ido Osi Local Government to pay Mr John's salaries from July 2013 to 27 September 2025, process and issue him retirement papers and retirement entitlements, and the sum of N500 Thousamd as costs of action.
The Court held that the Ido Osi Local Government's Chairman and others failed to establish that Mr John absconded from duty or that his employment was lawfully terminated, having admitted that no letter of termination was issued and that no disciplinary process was initiated against him.
From facts, the claimant, Mr. John, had submitted that he was employed as a driver by Ido Osi Local Government in May 2001, and his appointment was confirmed in March 2004; he was promoted to Senior Driver on Grade Level 06 Step 2.
Mr John stated that while attached to His Royal Highness, another driver was assigned to replace him following a letter from the monarch requesting a replacement, after which his salary was stopped without any letter terminating his employment or any disciplinary proceedings against him.
Mr John maintained that despite repeatedly reporting to the Local Government Secretariat to seek clarification, the Director of Administration refused to attend to him and instead ordered that he be driven away whenever he appeared.
John's Counsel maintained that his client was never issued a query, and his salaries and emoluments remained unpaid, and all efforts were to no avail and urged the Court to do justice.
In defence, the Chairman, Secretary and Ido Osi Local Government contended that Mr John’s employment was never terminated but that he absconded from duty in April 2013 without notifying the Local Government.
The Chairman and 2 others argued that the action was statute-barred under the Ekiti State Limitation Law, and maintained that Mr John was not entitled to salary arrears, gratuity or pension.
The Chairman and 2 others further argued that salaries are payable only to employees who remain in service and that gratuity and pension are payable only upon retirement. They urged the court to dismiss the suit in its entirety.
In opposition, counsel to Mr John argued that his client never absconded from duty, that his employment had not been lawfully terminated, and urged the court to hold that he had established his entitlement to the reliefs sought.
After careful evaluation of the pleadings, oral and documentary evidence before the court, Hon. Justice Kiyersohot Damulak held that Mr John's claim was one for unpaid salaries arising from work and labour done, constituting a continuing injury that was not caught by the limitation law, and accordingly dismissed the objection.
Justice Damulak held that both in fact and in law, the appointment of the claimant was never terminated, as the monarch was never the employer of Mr John and therefore lacked the legal authority to terminate Mr John's appointment.
Justice Damulak further held that the Chairman and 2 others failed to prove the allegation that Mr John absconded from duty, having neither issued him any query nor produced credible evidence in support of that allegation, and therefore, could not rely on it as a defence to his claim for unpaid salaries.
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