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Abuja –His Lordship, Hon. Justice K. D. Damulak of the National Industrial Court of Nigeria, Sitting in Abuja has ordered GLOBAL INTERNATIONAL COLLEGE LTD and ABOLAJI OSIME to pay ex-staff OBIOHA KELVIN the sum of Eight hundred and five thousand naira(N805,000) representing his contributory pension, N1,250,000 (One Million, Two Hundred and Fifty Thousand Naira) monthly deductions among others within 21 days.
By a general form of complaint filed on 29/11/2018 and accompanied by all the processes required by the Rules of the Court, the claimant sought against defendant among others; An order of this Honourable Court directing the defendants to pay the claimant the sum of Nl,250,000 (One Million, Two Hundred and Fifty Thousand Naira) forthwith, which sum represents, the N50,000 (Fifty Thousand Naira) monthly deductions from the claimant’s salary from January. 2016 till January, 2018 when the Defendants out rightly stopped paying the claimant.
Likewise, An order of this court directing the Defendants to pay to the Claimant the sum of One Million, Two Hundred and Twenty-four Naira (Nl,224,000) representing the claimant’s contributory pension, calculated at Thirty-Six Thousand Naira (N36,000) per month from May, 2015 to March, 2018 when the claimant resigned.
The claimant was an employee of the defendant since 2015 and testified in line with his statement of facts that he has not been paid fully of his remuneration, that when he find out the reason for the deduction, he was told that the said sum is a direct deduction in accordance with the company internal policies, for the purpose of his Tax and contributory pension and he was thereafter asked to provide his Pension details which he sent.
That after eight months, the defendant further deducted N50,000 from his salary that in June 2016, he wrote to the 2nd defendant complaining of the incessant deductions but was ignored.
That few months after he wrote, complaining of the deductions from his salaries, the defendants started frustrating him by not paying his salaries as at when due irrespective of the deductions.
That he decided to resign his appointment and after resignation, he went to check his pension account balance with STANBIC IBTC pension as supplied to the Defendants, but to his surprise, nothing was in his account as the Defendants did not make any single deposit into his pension account, that the Defendants also did not remit the deductions made from his salaries for the Purpose of paying his tax to the Federal Inland Revenue Service (FIRS).
However, the defendants were served with the originating processes on 3/12/2018 and never filed any process in response. On 28/2/2019, one Emmanuel C. Obeta appeared for the defendants without filing any process and the matter was adjourned to 21/3/2019 for hearing.
The claimant was allowed to prove his case in the absence of the defendants who have shown no interest at defending the suit. In the circumstance, the claimant is entitled to ask for judgment in line with Order 9 Rule 5(1) of the 2017 Rules of this Court.
The Court presided by Hon. Justice K. D. Damulak expressed thus;
“I have read the statement of facts, the witness statement on oath and I have also considered the exhibits tendered, being the case that there is nothing on the other side of the scale, and the evidence of the claimant being credible and reasonably believable in respect of the Claims, the Court has no reason not to act on the said evidence.
“Even though there was no defence to the case, the position of the law is that to qualify for belief and reliance by a trial court, unchallenged evidence must be credible in all circumstances and must be cogent enough to sustain the claim of the plaintiff.
"I accordingly find that the claimant has proved his case against the defendant and his case succeeds to the extent of what is reasonably credible. Claims (i), (ii), and (vii) succeed and are hereby granted.
“The defendants are ordered to pay the claimant the sum of N1,250,000 (One Million, Two Hundred and Fifty Thousand Naira) forthwith, which sum represents, the N50,000 (Fifty Thousand Naira) monthly deductions from the claimant’s salary from January, 2016 till January, 2018 when the Defendants out rightly stopped paying the claimant.
“The Defendants are ordered to pay the claimant the sum of N354,000 (Three Hundred and Fifty-four Naira) only, representing the claimant’s salary for the period of February and March 2018 at the rate of One Hundred and Seventy-seven Thousand Naira (N177,000) per month.
“The defendants are ordered to pay to the Claimant the sum of Eight hundred and five thousand naira(N805,000) representing the claimant’s contributory pension, calculated at Twenty Three thousand Naira (N36,000) per month from May, 2015 to March, 2018 when the claimant resigned.
“The judgment sum of N2,409,000 (Two Million, Four Hundred and Nine thousand naira) only is to be paid within 21 days of this judgment or it shall attract 10% interest per annum.”
