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Hon. Justice Buhari Sani of the Port Harcourt Judicial Division of the National Industrial Court has declared that the employment of Clinton, Kingsley, Phebe, Biambo, Florence and Testimony with the Niger Delta Development Commission (NDDC) validly subsists, and ordered the Commission to immediately deploy them to their scheduled offices for the performance of their duties as employees of the Commission.
The Court ordered the Niger Delta Development Commission (NDDC) to pay Clinton, and 5 others all arrears of salaries and allowances, including promotions, increments and other entitlements from the dates of their respective appointments, as well as further salaries, entitlements and emoluments from August 2024 until the date of judgment and formal deployment.
Justice Sani also awarded damages in favour of Clinton and 5 others for emotional shock, embarrassment and stress, and ordered that the Niger Delta Development Commission (NDDC) comply with the judgment within 30 days.
From facts, the Claimants- Clinton and 5 others stated that they complied with all the conditions contained in their letters of appointment by undergoing medical examinations, submitting the required documents, and accepting their appointments before reporting to the Human Resources Department for deployment.
Clinton and 5 others averred that despite fulfilling all the conditions required of them, they were directed by the Niger Delta Development Commission (NDDC) to return home and await deployment letters.
They averred that although some persons employed alongside them were subsequently deployed, they were repeatedly asked to wait despite several visits to the Commission and letters of appeal to its Chairman and Managing Director.
Daddy Clinton and 5 others maintained that the Commission neither terminated their appointments nor paid them their salaries and other entitlements, and urged the Court to grant the reliefs sought.
In defence, the Niger Delta Development Commission (NDDC) denied employing Daddy Clinton and 5 others, insisting that there was no record of their appointments in its employment records.
The Commission contended that it neither advertised vacancies nor conducted any recruitment exercise involving Clinton and 5 others in 2019 and alleged that the letters of appointment relied upon by them were falsified and fabricated.
The Niger Delta Development Commission (NDDC) further stated that Clinton and 5 others failed to satisfy the conditions precedent to the formation of a valid contract of employment, particularly the requirements of written acceptance and assumption of duty.
The learned Senior Advocate for the Niger Delta Development Commission (NDDC), Sir C.I. Enweluzo, SAN, argued that where a contract is made subject to the fulfilment of specified terms and conditions, it does not become binding until those conditions are complied with, and urged the Court to dismiss the suit.
In opposition, learned counsel to the Claimants, Dr. C.A.J. Chinwo, submitted that the letters of appointment issued by the Niger Delta Development Commission (NDDC) constituted valid contracts of employment and that there is no distinction in law between a letter of appointment and a letter of employment.
Counsel further argued that by its conduct, the Commission was estopped from denying the existence of the employment relationship, maintained that the refusal to deploy and remunerate his clients amounted to unfair labour practice, and urged the Court to grant all the reliefs sought.
In a well-considered Judgment, Hon. Justice Buhari Sani held that the Niger Delta Development Commission (NDDC) issued letters of appointment to Clinton and 5 others and that they accepted the offers through their conduct by undergoing medical examinations, submitting the required documentation and reporting for deployment.
The Court held that NDDC could not deny the existence of the employment relationship after issuing the letters of appointment, requiring Clinton and 5 others to comply with the conditions attached to the appointments and inducing them to act on those representations.
Justice Buhari Sani stated that the Niger Delta Development Commission (NDDC) failed to produce credible evidence to establish its allegation that the letters of appointment of Clinton and 5 others were forged and held that mere denial could not discredit the documentary evidence before the Court.
The Court further held that the Commission could not rely on the inability of Clinton and 5 others to assume duty after refusing to deploy them, having fulfilled all the conditions within their power, adding that a party cannot rely on its own wrongful act to defeat a valid contract of employment.
"The Defendant's refusal to deploy the Claimants does not negate the existence of the contract. The employment continues to subsist as it has not been lawfully terminated." The Court held.
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