Hon. Justice Faustina Kola-Olalere of the National Industrial Court sitting in Ibadan has dismissed the suit filed by Mr. Victor Ogunkoya against Infinity Snacks and Beverages Ltd for lack of evidence.

Justice Kola-Olalere held that Ogunkoya did not lead evidence as to the manner he came about sums of money claimed from the terms and conditions of his employment with his employer, and gave no document to support his claim to the court. 

From facts, the claimant- Victor Ogunkoya had submitted that he was one-time National Sales Manager of the firm and helped to boost sales that his incentives and benefits since he started working with the firm were not paid till he voluntary resigned. He submitted that his letter of appointment states unequivocally that he is eligible for performance incentives. 

In defence, the defendants maintained that claimant and firm are only bound by the terms as contained in his letter of employment, which was duly accepted by the claimant, denied issuing the letter of incentives.

Defendants counsel O. D. Shangotola & D. A.Ijanana Esq noted that no evidence before the court to the effect that the firm deducted any sum from the salary of the claimant throughout his employment, and was unable to give the court the total sales he made for the years urged the court to dismiss the claims in its entirety for lacking merit.

In opposition, Counsel to the claimant Olaniyi Oladunni Esq submitted that the director who signed the letter of incentives did not come to testify in person to deny the authorship of the letter, urged the court to grant the reliefs sought.

Delivering judgment after careful analysis of the submissions of both counsel, the presiding Judge, Justice Kola-Olalere held that letter of incentive tendered is a credible, enforceable and legal document that was properly executed by the parties before the Court.

“The claimant did not show the Court what he calculated to arrive at the sum of N30,000,000.00 he is claiming. He failed to show the Court the total sales of the 1st defendant for each of the three years and two months he is claiming for. 

“Section 131(1) of the Evidence Act, 2011 provides that whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts shall prove that those facts exist.

 “The claimant did not lead evidence as to the manner he came about these sums of money under these heads from the terms and conditions of his employment with his employer, the 1st defendant. He gave no document to back up/support this claim to the court. 

“More so that the Staff Rules and Regulations of the Company referred to in both paragraph 3(a) at page 11 of the record and the last paragraph on page 13 of the record in Document C 1 is not before the court. Therefore, I hold that these claims are not proved at all and they are accordingly dismissed.

"On the whole, this matter is hereby dismissed for lack of evidence."

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