IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE IBADAN JUDICIAL DIVISION

HOLDEN AT IBADAN

BEFORE HIS LORDSHIP HON. JUSTICE J.D. PETERS

 

DATE:   28^TH OCTOBER 2024                                        

SUITNO: NICN/IB/50/2016

 

BETWEEN

1.         Adetunji Oladipo

2.         Fajana Ayodele

3.         Thomas Kehinde

4.         Talabi Olusoji                                                                                            Claimants

5.         Ajileye Abiodun M.

6.         Emmanuel Jaiyeola

7.         Taiwo Arije  

AND

Hydro Construction & Eng. Co. Ltd                                                                  Defendant

REPRESENTATION

Femi Aborisade with Rasheedat Akinrinde for the Claimants

Uche Nwachukwu for the Defendant

 

JUDGMENT

1.         Introduction & Claims

1.         The Claimants commenced this suit against the Defendant by their General Form of Complaint filed on 13/5/16 along with all requisite processes. Pursuant to the Order of this Court made on 6/4/19, the Claimants filed an amended process along with the necessary frontloaded processes and sought the following reliefs against the Defendant –

           

            1.         Declaration that the Claimants are entitled to their earned but unpaid entitlements.

            2.         An Order for the payment of the following earned but unpaid entitlements to the 1^st Claimant:

(a) Payment of N535,278.00 (Five Hundred and Thirty-Five Thousand, Two Hundred and Seventy -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N89, 213.00 per month.

(b) Payment of N564,460.00 (Five Hundred and Sixty-Four Thousand, Four Hundred and Sixty Naira) being “End of year/Xmas Bonus” for the years 2011, 2012 and 2013 at the Defendant’s calculated sums of N139,163.00, N169,893.00 and N255,404.00, respectively.

(c) Payment of N4, 918,609.00 (Four Million, Nine Hundred and Eighteen Thousand, Six Hundred and Nine Naira), being his Final Entitlement.

(d).An Order compelling the Defendant to remit the deducted pension fund of the 1^st Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 1^st Claimant – Trust Fund.

3.   An Order for the payment of the following earned but unpaid entitlements to the 2^nd Claimant:

(a) Payment of N384,768.00 (Three Hundred and Eighty-Four Thousand, Seven Hundred and Sixty -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N64, 128.00 per month.

(b) Payment of N421,407.00 (Four Hundred and Twenty-One Thousand, Four Hundred and Seven Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N105,031.00, N127,298.00 and N189, 078.00, respectively.

(c) Payment of N2,073,233.00 (Two Million, Seventy-Three Thousand, Two Hundred and Thirty-Three Naira), being the defendant’s calculated Staff Final Entitlement.

(d) .An Order compelling the Defendant to remit the deducted pension fund of the 2^ndClaimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 2^nd Claimant – Trust Fund.

4.   An Order for the payment of the following earned but unpaid entitlements to the 3^rd Claimant:

(a) Payment of N363,642.00 (Three Hundred and Sixty-Three Thousand, Six Hundred and Forty -Two Naira) being the unpaid salary for the months of July to December 2013 at rate of N60,607.00 per month.

(b) Payment of N383,909.00 (Three Hundred and Eighty-Three Thousand, Nine Hundred and Nine Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N96,132.00, N116,312.00 and N171, 465.00, respectively. Payment of =N=808,762.00 (Eight Hundred and Eight Thousand, Seven Hundred and Sixty-Two Naira), being the defendant’s calculated Staff Final Entitlement.

(c) .An Order compelling the Defendant to remit the deducted pension fund of the 3^rd Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 3^rd Claimant – Trust Fund.

5.   An Order for the payment of the following earned but unpaid entitlements to the 4^th Claimant:

(a) Payment of N364,092.00 (Three Hundred and Sixty-Four Thousand, Ninety-Two Naira) being the unpaid salary for the months of July to December 2013 at rate of N60,682.00 per month.

(b) Payment of N540,452.00 (Five Hundred and Forty Thousand, Four Hundred and Fifty-Two Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N96,188.00, N272,683.00 and N171, 581.00, respectively.

(c) Payment of N1,105, 626.00 (One Million, One Hundred and Five Thousand, Six Hundred and Twenty-Six Naira), being the defendant’s calculated Staff Final Entitlement.

(d) .An Order compelling the Defendant to remit the deducted pension fund of the 4^thClaimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 4^th Claimant – Trust Fund.

6.   An Order for the payment of the following earned but unpaid entitlements to the 5^th Claimant:

(a) Payment of N340,410.00 (Three Hundred and Forty Thousand, Four Hundred and Ten Naira) being the unpaid salary for the months of July to December 2013 at rate of N58,735.00 per month.

(b) Payment of N548,064.00 (Five Hundred and Forty-Eight Thousand, Sixty-Four Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N245,587.00, N121,685.00 and N180, 792.00, respectively.

(c) Payment of N1,411,143.00 (One Million, Four Hundred and Eleven Thousand, One Hundred and Forty-Three Naira), being the defendant’s calculated Staff Final Entitlement.

(d) .An Order compelling the Defendant to remit the deducted pension fund of the 5^thClaimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 5^th Claimant – Trust Fund.

7.   An Order for the payment of the following earned but unpaid entitlements to the 6^th Claimant:

(a).Payment of N409,770.00 (Four Hundred and Nine Thousand, Seven Hundred and Seventy Naira) being the unpaid salary for the months of July to December 2013 at rate of N68,295.00 per month.

(b).Payment of N740,926.00 (Seven Hundred and Forty Thousand Nine Hundred and Twenty-Six Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N118,074.00, N405,835.00 and N217, 017.00, respectively.

(c).Payment of N2,139,299.00 (Two Million, One Hundred and Thirty-Nine Thousand, Two Hundred and Ninety-Nine Naira), being the defendant’s calculated Staff Final Entitlement.

(d).An Order compelling the Defendant to remit the deducted pension fund of the 6^th Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 6^th Claimant – Trust Fund.

8.   An Order for the payment of the following earned but unpaid entitlements to the 7^th Claimant:

(a) Payment of N420,000.00 (Four Hundred and Twenty Thousand Naira) being the unpaid salaries for the months of July to December 2013 at rate of N70,000.00 per month.

(b)Payment of N553,150.00 (Five Hundred and Fifty-Three Thousand, One Hundred and Fifty Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N247,537.00, N123,253.00 and N182, 360.00, respectively.

(c) Payment of N1,417,773.00 (One Million, Four Hundred and Seventeen Thousand, Seven Hundred and Seventy-Three Naira), being the defendant’s calculated Staff Final Entitlement.

(d)                        .An Order compelling the Defendant to remit the deducted pension fund of the 7^th Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 7^th Claimant – Trust Fund.

9.         Cost of this Action.

 

2.         Case of the Claimants

2.         On 24/1/22 the Claimants opened their case. 1^st Claimant testified as CW1, adopted his witness deposition of 26/4/19 as his evidence in chief and tendered 25 documents which were admitted as exhibits and marked as Exh. C1 – Exh. C25.

 

3.         2^nd Claimant testified on 16/3/22 as CW2. He adopted his witness deposition of 26/4/19. He tendered 14 documents as exhibits. The documents were admitted in evidence and marked as Exh. C26-Exh.C39. The matter was adjourned for the Defendant to cross examine this witness. For reasons best known to the Defendant it did not attend proceedings of Court to to utilize the opportunity afforded for cross examination.

 

4.         Thomas Kehinde testified as CW3 on 8/6/22. He adopted his witness statement on oath of 26/4/19 as his evidence in chief and tendered 22 documents as exhibits. The documents were admitted in evidence and marked as Exh. C40-Exh. C61. The matter was adjourned for the Defendant to cross examine this witness. For reasons best known to the Defendant it did not attend proceedings of Court to utilize the opportunity afforded for cross examination.

 

5.         On 1/3/23 Olusoji Talabi gave evidence as CW4 when he adopted his witness statement on oath of 26/4/19 as his evidence in chief and tendered 13 documents as exhibits. The documents tendered were admitted in evidence and marked as Exh. C62-Exh. C73. The matter was adjourned for the Defendant to cross examine this witness. For reasons best known to the Defendant it did not attend proceedings of Court to utilize the opportunity afforded for cross examination.

 

6.         CW5 testified on 24/7/23, adopted his witness statement of 26/4/19 as his evidence in chief and tendered 14 documents as exhibits. The documents were admitted in evidence and marked as Exh. C74-Exh. C87. The matter was adjourned for the Defendant to cross examine this witness. For reasons best known to the Defendant it did not attend proceedings of Court to utilize the opportunity afforded for cross examination.

 

7.         On 11/3/24 the 7^th Claimant testified as CW6. He adopted his witness statement on oath of 26/4/19 as his evidence in chief and tendered 17 documents as exhibits. The documents were admitted in evidence and marked as Exh. C88 - Exh.C104. The matter was adjourned for the Defendant to cross examine this witness. For reasons best known to the Defendant it did not attend proceedings of Court to utilize the opportunity afforded for cross examination.

 

8.         It is important to place on record that whenever each of these witnesses testified, this case was always adjourned to enable the Defendant cross examine. However the Defendant though afforded the opportunity it however did not appear to cross examine any of the witnesses called by the Claimants.

 

3.         Final Written Address

9.         At the close of trial parties on either side were directed to file their final written addresses.

 

10.       The 31-page final written address of the Claimants was dated and filed 8/7/24. In it learned Counsel submitted that the 6^th Claimant was not available at trial to prove his case and citing G.K.F Investment Nigeria Limited v. Nigeria Telecommunications Plc (2009) LPELR-1294 (SC) & Amosun v. INEC & Ors (2010) LPELR-4943 (CA) applied to withdraw the reliefs sought in respect of the 6^th Claimant. Learned Counsel then set down a lone issue for determination thus –

Whether having regard to the totality of the evidence on record before this Honourable Court, the Claimants have proved their case against the Defendant to be entitled to the reliefs sought.

 

11.       In arguing this lone issue, learned Counsel submitted that it is settled that he who desires any Court to give Judgment as to any legal right or liability on the existence of facts which he asserts must prove those citing Sections 131 & 132 of the Evidence Act empirical & Evong v. First Bank (2019) LPELR-49055(CA); that in the instant case all the Claimants with the exception of the 6^th Claimant who did not appear at trial, have proved by evidence the total sum of money owed to each of them referring to all the exhibits tendered and admitted and that the Claimants also proved that while in the employment of the Defendant they were members of the National Union of Civil Engineering Construction, Furniture and Wood Workers which entered into Collective Agreement/Memorandum of Agreement on Conditions of Service with the Defendant from time to time. Counsel referred to all the Memorandum of Agreements tendered which included terminal benefits, end of the year bonus among other terms and conditions of service and submitted that by virtue of Section 254C(1)(j)(i) of the Constitution of the Federal Republic of Nigeria, 1999, as amended this Court has jurisdiction to the exclusion of any other Court to not only interpret but also enforce Collective Agreements.

 

12.       Learned Counsel further submitted that the Claimants proved that the Defendant did not remit the monthly deducted pensions of the Claimants and the counterpart contribution of the Defendant for the months of Jan-May, July, September and December 2009, May 2011 to December 2013 (being the period the Claimants were stopped from going to work) to the Pension Fund Administrator; that an employer of labour is obliged to remit the employees’ deducted pension fund and its contribution to the Pension Fund Administrator within 7 days citing Section 11(3)(b), Pension Reform Act, 2014.

 

13.       Finally on the failure of the Defendant to file any statement of defence, Counsel submitted, citing Bernard Okoebor v. Police Council & Ors (2003) LPELR-2458(SC) & Owners of Gongola & Anor. v. Smurtt Nigeria Ltd (2007)6 SCNJ 269, that the basic principle is that where a Defendant fails to file a defence, he will be deemed to have admitted the claim or relief in the statement of claim and that by Order 38 Rule 2(1) of the Rules of this Court. Learned Counsel thus prayed the Court to grant all the reliefs sought by the Claimants against the Defendant.

 

The final written address of the Defendant of 9 pages was dated and filed on 9/10/24. In it learned Counsel set down a lone issue for determination thus –

 

Whether in view of the non-service of the originating processes in this suit on the Defendant, this Honourable Court lacks the jurisdictional competence to entertain and adjudicate on this suit and thus rendered the entire proceedings a nullity.

 

14.       In  arguing this lone issue learned Counsel submitted that jurisdiction is the life wire of a case the absence of which renders the proceedings a nullity citing Miden Systems Limited v. Effiong (2001) All FWLR (Pt. 591) 1596 & Integrated Builders Limited v. Domzaq Vent (Nig.) Ltd (2005)Al FWLR (Pt. 263) 780. Counsel submitted that the Defendant is a limited liability Company whose Head Office is well known to the Claimants who were its former employees; that by Section 78, Companies & Allied Matters Act, C20, Laws of the Federation of Nigeria a Court process shall be served on a Company in the manner provided by the Rules of Court and any other document may be served on a company by leaving it at or sending it by post to the registered office or head office of the Company and that by Order 7 Rule 1(1)(h)(i) of the Rules of this Court the Court process ought to be served on a senior or a responsible employee of the company or at its registered office or at its principal place of business within the Federation or its main place of business within the Judicial Division in which the first arose or by affixing a copy of the document or process to the main door of the office or place of business or posting same on the wall or fence of the residence or place of business; that the Claimants did not serve the originating processes on the Defendant as required by law; that where originating processes were served on a wrong party or person not within the contemplation of the Rules of Court such service is improper citing Integrated Builders Limited v. Domzaq Vent. (Nig.) Ltd (supra). Learned Counsel thus urged the Court to hold that the failure of the Claimants to serve the originating processes on the Defendant in the manner stated in Order 7 Rule1(1)(h)(i) of the Rules of this Court is an outrage against the principle of fair hearing and affects the competence of the Court to hear this suit. Counsel prayed the Court to dismiss this suit in its entirety.

 

15.       The Claimants through their Counsel filed a 5-page reply address on points of law to the final address of the Defendant. In it Counsel submitted that the issue whether or not the mode of service of the originating processes on the Defendant complies with the manner prescribed by law is caught by the doctrine of issue estoppels citing APC v. PDP & Ors (2015) LPELR-24587(SC); that the issue of service canvassed by the Defendant was canvassed at trial and ruled upon by the Court on 2/11/21 when the Court dismissed Defendant’s Notice of Preliminary Objection dated and filed 14/1/21 and awarded cost against it.

16.       Secondly, learned Counsel submitted that assuming without necessarily conceding that the final written address of the Defendant is not vitiated by issue estoppels, then the final written address of the Defendant is incompetent on the ground of failure to file same within the time allowed by law and without filing an application to regularize same as required by law; that Claimants’ final written address was regularized on 16/7/24 from which date the Defendant had 21 days within which to file its final written address; that Defendant ought to file its final written address on or before 9/8/24 but that the Defendant did not file its final written address until 9/10/24 without an application to regularize same as required by Order 45 Rule 9 of the Rules of this Court and that non-compliance with the rules of Court invalidates processes and proceedings where the party in breach fails to advance reasons for such non-compliance or to present sufficient materials upon which the Court could exercise its discretion to waive the non-compliance. Learned Counsel thus urged the Court to discountenance the submissions of the Defendant in its final written address on the grounds of issue estoppels and incompetence.

      

4.         Decision

17.       The case of the Claimants is that they were at all times material to this Suit Employees of the Defendant. They averred that sometime in the month of January 2014, the Defendant announced that all members of staff, except those specifically invited from time to time, should stop coming to work but no termination letter was served on all the Claimants. The Defendant has refused/failed to pay to the Claimants their earned salary and entitlements. In this action, Claimants seek payment to them their earned but unpaid salaries as well as unremitted pension deductions for the periods of Jan – May 2009, July 2009, Sept. 2009, Dec, 2009, Mar 2011 and May 2011 to Dec 2013(being the period before they were stopped from going to work.

 

18.       At trial, 1^st – 5^th and 7^th Claimants appeared and led evidence in support of their respective case. 6^th Claimant did to attend trial. The reason for his absence at trial was not explained. Indeed it is open to a Claimant to abandon his claims and not attend Court to prove his case. There is no law that compels a Claimant to be in Court to prove his case. The law is trite as aptly stated by Ogbuagu JSC (of blessed memory) citing with approval the Court of Appeal decision in Mobil Produce (Nig.) Ltd. v. Umenweke (2002) 9 NWLR (Pt. 773) 541 (CA) in Mr. Biodun Oduwole & Ors. v. Prof. Tam David West (2010) LPELR-2263(SC) that any averment of fact or facts in a pleading but not given in evidence, is or are deemed abandoned and must be discountenanced.  Indeed on the authorities of G.K.F Investment Nigeria Limited v. Nigeria Telecommunication Plc. (2009) LPELR-1294(SC) 32 and Amosun v. INEC &Ors (2010) LPELR-4943(CA) learned Counsel to the Claimants applied in her final written address to withdraw the claims as filed on behalf of the 6^th Claimant. Accordingly I discountenance all the pleadings in this case as relate to the 6^th Claimant on record and strike same out.

 

19.       I have read and clearly understood all the processes filed by the 1^st – 5^th and 7^th Claimants. I heard their oral testimonies at trial as well as watched their demeanor. I patiently evaluated all the exhibits tendered and admitted at trial. In addition, I heard the oral submissions of the learned Counsel to these Claimants at the point of adopting their final written address.

 

20.       Learned Counsel to the Defendant did not attend the Court to adopt his final written address. This is despite the fact that he was afforded an opportunity to do. Pursuant therefore to the application of the learned Counsel to the Claimants, the final written address of the Defendant was deemed adopted pursuant to Order 45 Rule 7 of the Rules of this Court. Having done all this, I set down 2 issues for the just determination of this case thus –

 

1.         Whether or not the final written address of the Defendant is competent.

2.         Whether the Claimants or some of them have led credible and admissible evidence in support of all or some of their claims.

 

21.       It is important that I place on record the fact that the Defendant did not defend this action. On 24/6/16 Abiodun Olabampe entered an appearance for the 2^nd Defendant and also filed a statement of defence. On 10/4/18 the same Counsel entered a conditional appearance for the 1^st Defendant. A Notice of Preliminary Objection filed on behalf of the 1^st Defendant on 12/4/18 was heard and struck out by Kola-Olalere J on 14/6/18. Subsequently one Uche Nwachukwu appeared for the Defendant on 2/2/21. When trial commenced in this suit on 24/1/22, Abiodun Olabampe Esq. appeared for the Defendant.

 

22.       On 14/1/21, Abiodun Olabampe of Counsel to the Defendant filed a Notice of Preliminary Objection to strike out this suit. The grounds were inter alia that the originating processes were duly not served on the Defendant and hence that the Court lacks jurisdiction to hear and determine same. the application was heard on 2/11/21 and in a considered Ruling it was dismissed.

 

23.       All Court processes in this suit were served on the Defendant including hearing notices. Notwithstanding all this, the Defendant, for reasons best known to it, did not attend Court to defend this action. The decision on whether to defend or not to defend an action is one to be made by a party sued. When therefore a Defendant opts not to defend an action against it, it may portend that there is no merit in the case against it or that it is ready to abide by whatever the Court decides. A party sued cannot be put under compulsion by fire and by force to defend an action. For, the decision on whether or not to defend an action is to be made voluntarily by a party sued.

 

24.       The fact however that a suit is not defended does not translate to an automatic judgment in favor of the Claimant(s). For, failure of a Defendant to attend Court or to defend a suit does not remove the evidential burden of proof on the Claimant. A Claimant irrespective of the attitude of a Defendant to Court proceedings must adduce cogent and credible evidence in proof of his case the only exception being in cases of admission. It is then and then only that the Court will be able to make a pronouncement in its favor. Sections 131 & 132 of Evidence Act as well as numerous decisions of appellate Courts support of the propositions as stated.  

 

25.       The first issue for determination is whether or not the final written address of the Defendant is competent. The competence of a Court process determines the attitude a Court will have to it. When is a Court process or proceedings become either competent or incompetent? Ugochukwu Anthony Ogakwu JCA took time out to examine what is meant by incompetent in the case of Madam Idowu Adeagbo Ajao v. Mr. Olusoji Oguntolu & Anor. (2021) LPELR-56076(CA), Quoting "The Black's Law Dictionary, 12th Edition” His lordship defines incompetent, inter alia,

 

“… as the quality, state or condition of being unable or unqualified to do something. It goes further to state that incompetency is a relative term which may be employed as meaning disqualification, inability or incapacity and it can refer to lack of legal qualification or fitness to discharge the required duty and to show want of physical or intellectual or moral fitness. See SPDC vs. AGBARA (2015) LPELR (25987) 1 at 27-28 and SHEMOFEYO VENTURES LTD vs. AMCON (2021) LPELR (55701) 1 at 12."

 

26.       Is the Defendant’s final written address disqualified or unable or incapacitated from serving the purpose for which it was filed? Learned Counsel to the Claimants had submitted that the said final written address was incompetent for non-compliance with the Rules of this Court.

 

27.       The facts of this case at trial show that only the Claimants led evidence at trial. The Defendants did not call any evidence. In fact the Defendant did not file any defence process. At the conclusion of trial, the Claimants filed their final written address on 8/7/24. The Defendant was expected to file its final written address within 21 days from the day the Claimants filed theirs. Learned Counsel to the Defendant eventually filed Defendant’s final written address on 9/10/24 – a period in excess of 21 days as allowed by the Rules of Court. No application was brought for leave of Court to file the said final written address out of time as directed by Order 45 Rule 9 of the Rules of this Court. For clarity let me reproduce Rules 9 & 10 of Order 45. Rule 9 states thus –

“9. Where a Defendant or Claimant due to cogent and compelling reason(s) is not able to file his or her Final Written Address within the twenty-one (21) days or the time limit ordered by the Court, he or she may by an application request for an extension of time within which to file the Final Written Address”.

 

“10. The application for extension of time by the Defendant or Claimant which shall be supported by an Affidavit stating the cogent and compelling reason(s) for the inability to file the Final Written Address within the (21) twenty-one days or such time ordered by the Court, shall be made at least seven (7) working days before the expiration of the 21 days or time limit ordered by the Court”.

 

28.       In all of this, it is apparent that the Defendant did not seek and obtain the leave of Court to file its final written address out of time and neither did it bring an application to regularize the final written address filed out of time all in violent contradiction of the Rules of this Court. Is the said final written address of the Defendant defective or not? Can this Court place any reliance on an incompetent and defective final written address? It is mandatory for all and sundry who seek judicial intervention to obey the rules of Court. obedience to the rules of Court is imperative for the protection of the sanctity of the Court and judicial process. Ogunbiyi JSC said it without mincing words in Okorocha v. P.D.P & ORS (2014) LPELR-22058 (SC) that "The rules of Court are to be obeyed for purposes of protecting the sanctity and dignity of the law and Court. He who comes to equity must come with clean hands which presuppose diligence and care." He who fails and/or refuses to obey the Rules of Court in which he seeks redress or protection must not be allowed such redress or protection and not only should the protection sought be refused appropriate sanction must also follow.

 

29.       Tijjani Abubakar, JCA (as he then was) (now JSC) did not mince words in Mic Royal Limited v. Advertising Practitioners Council of Nigeria (2018) LPELR-45314(CA) when his lordship said

 

"Rules of Court must be obeyed and where there is noncompliance with the Rules, the Court must not be passive, in-active and helpless. Non-compliance with the Rules of Court must be met with sanction, otherwise the purpose of the rules will be defeated and rendered meaningless, See: OBA AROMOLARAN & ANOR VS. OLADELE & 2 ORS (1990) 7 NWLR (Pt.162) 359. Rules of Court are not only meant to be obeyed, they are also binding on all the parties in litigation before the Court, see: AJAYI & ANOR Vs. OMOROGBE (1993) 7 SCNJ (Pt.1)168. Compliance with the rules of Court is a must unless such compliance is waived. See: G. M. O NWORAH & SONS COMPANY LTD V. AKPUTA (2010) LPELR-1296 (SC)”.

 

30.       The current and prevailing judicial authorities frown at attitude of Counsel or party disobeying rules of Court. Except sanction is imposed, the tendency to repeat same by other parties cannot be ruled out. I hold that the Final Written Address of the Defendant dated and filed on 9/10/24 is incompetent. Its incompetence deprives this Court of competence and exercise of jurisdiction over same. I accordingly discountenance same. I expunge it from this proceedings.

 

31.       I am not oblivious of the need not to elevate technicalities above substantial justice. Thus assuming without conceding that failure to file final written address is mere technicality which must not be permitted to override substantial justice of what utility is the lone issue canvassed in the said final written address? The lone argument of the learned Counsel to the Defendant in the final written address is one touching on service. The argument was that the Defendant as a limited liability entity was not properly served the originating processes. I had pointed out in this Judgment that a Notice of Preliminary Objection by the Defendant for striking out on the ground of lack of proper service was heard and dismissed on 2/11/21. The Ruling of that day remains binding on the parties. The Defendant had an option of appealing against same. It elected not to so appeal. To raise the same issue already decided upon by this Court at interlocutory stage is to ask this Court to sit on appeal over its own Ruling. The issue of service of the originating processes on the Defendant was settled in that Ruling and the Defendant is bound by issue estoppels from contesting same in his final written address. Commenting on issue of estoppels and its history, A. B. Muhammed JCA said thus in Alhaji Yisa Olusoji & Ors v. Alhaji (Hon.) Haruna Dada & Anor (2023) LPELR-59584(CA)

 

"In the case of BWACHA v IKENYA & ORS (2011) LPELR-8105(SC), the Supreme Court per Mohammed, JSC traced the history of the doctrine of estoppel to the English case of DUCHESS OF KINGSTON (1775 - 1802) All ER Rep. 623, and noted that the doctrine has been expanded to meet circumstances which call for the application of the policy of law that there must be an end to litigation, such as was expanded to apply issues determined at interlocutory stage in the case of FIDELITUS SHIPPING CO. LTD v V/O EXPORT-CHLEB (1965) 2 All ER 4 at 10. The doctrine of estoppel has been received into our laws through a long line of authorities. See:OYEROGBA & ANOR v OLAOPA (1998) LPELR-2878(SC), per Ogwuegbu, JSC at page 24, paras. B – E …”.

 

32.       I hold that it is late in the day for the Defendant to raise the issue of non-service of the originating processes on the Defendant again especially in his final written address. It is a settled issue in this Court and only the appellate Court is empowered to review same.

      

33.       Now to the second issue set down for determination which is: Whether the Claimants or some of them have led credible and admissible evidence in support of all or some of their claims. The law remains trite that he who approaches the Court for a positive intervention in his favor has the burden of proving his entitlement. Although the reliefs sought by the Claimants are similar the only difference being in the sums of money claimed. The durations of their claims are the same. The same condition of service is also applicable to all of them.

34.       The first relief sought is for a declaration that the Claimants are entitled to their earned but unpaid entitlements. The law is trite that a declaratory relief is a discretionary relief. By it a Claimant approaches the Court and prays that it exercises its discretionary jurisdiction in its favour. A declaratory relief is not granted as a matter of course. It is not even granted on admission by party on the other side. In the words of Uchechukwu Onyemenam, JCA in Solomon U. Salami v. Okogbo Community Bank Limited & Ors (2022) LPELR-57584(CA) "Basically, a declaratory judgment is discretionary. It is granted only where the plaintiff is able to convince the Court, that where all facts are taken into account, he will be entitled to the exercise of the Court's discretion in his favor."

21.       Ogunwumiju, JSC in Attorney General of Rivers State v. Attorney General of the Federation & Anor. (2022) LPELR-57708(SC) provides a clear understanding of the nature of declaratory reliefs in the following words-

 

"A declaratory relief is a procedural device for ascertaining and determining the rights of parties or for the determination of a point of law. Although the power to make a binding declaration of right is a discretionary power, the Plaintiff must establish a right in relation to which the declaration can be made. The claim to which the declaratory relief relates must be substantial. Thus, a declaration will only be granted where there is a breach of a right. It is the practice that a declaratory relief will be granted where the Plaintiff is entitled to relief in the fullest meaning of the word. Furthermore, the relief claimed must be something which it would not be unlawful or unconstitutional or inequitable for the Court to grant. It should also not be contrary to the accepted principles upon which the Court exercises its jurisdiction."

35.       The Claimants in this case for them to be entitled to the first relief sought must individually adduce evidence unique to his case in proof of same. The case of the 1^st Claimant is for A. Payment of N535,278.00 (Five Hundred and Thirty-Five Thousand, Two Hundred and Seventy -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N89,213.00 per month. B. Payment of N564,460.00 (Five Hundred and Sixty-Four Thousand, Four Hundred and Sixty Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N139,163.00, N169,893.00 and N255, 404.00, respectively. C. Payment of N4, 918, 609.00 (Four Million, Nine Hundred and Eighteen Thousand, Six Hundred and Nine Naira), being his Final Entitlement. D. An Order compelling the Defendant to remit the deducted pension fund of the 1^st Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 1^st Claimant – Trust Fund.

 

36.       In proof of these claims, 1^st Claimant tendered Exh. C1 – Exh. C25. Exh. C2 – Exh. C8 are letters of employment, letters of promotion as well as letters of salary review issued by the Defendant at various times to the 1^st Claimant. In Exh. C9, the Defendant expressed its sincere thanks to the 1^st Claimant for “your good work and continued support” having proved to be a valuable asset to the Company while Exh. 11 & Exh. 12 are the Identity Cards of the 1^st Claimant as a staff member of the Defendant

 

37.       The first relief sought by the 1^st Claimant is payment to him of the sum of N535,278.00 (Five Hundred and Thirty-Five Thousand, Two Hundred and Seventy -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N89,213.00 per month. Exh. C20 showed the Defendant’s July ’13 Staff Payroll. 1^st Claimant is number one on that exhibit. The exhibit aptly supports his claim for the sum of =N=535,278.00 being his unpaid salary.

 

38.       The second relief is for the payment of N564,460.00 (Five Hundred and Sixty-Four Thousand, Four Hundred and Sixty Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N139,163.00, N169,893.00 and N255, 404.00, respectively. Aside from the averments of the 1^st Claimant which were not challenged or contradicted by the Defendant, the 1^st Claimant also tendered in evidence Exh. C21, Exh.  C22 & Exh. C23. These exhibits affirmed the End of the Year/Christmas Bonus as calculated by the Defendant for the year 2011, 2012 and 2013 respectively. Both the oral testimonies and the documentary evidence tendered and admitted in support of this head of claims were not challenged at all by the Defendant. I accordingly grant this relief.

 

39.       The third relief is for payment of N4, 918, 609.00 (Four Million, Nine Hundred and Eighteen Thousand, Six Hundred and Nine Naira), being his Final Entitlement. Again aside the evidence in chief of the 1^st Claimant which was not challenged, Claimant tendered in evidence Exh. C24. The exhibit was also not challenged or discredited.

 

40.       Finally 1^st Claimant sought an Order compelling the Defendant to remit the deducted pension fund of the 1^st Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 1^st Claimant – Trust Fund. Exh. C15 is the 1^st Claimant’s Trustfund Retirement Savings Account Statement as at 19 October 2015. The entry on the exhibit shows that the last remittance made to the account by the Defendant was on 13/05/2011 and it was the contribution for the month of April, 2011. The exhibit further shows that the Defendant has been in arrears of remittance to the Trustfund account of the 1^st Claimant from the month of May 2011 till December, 2013. I find merit in this head of claim of the 1^st Claimant. I find and hold that the 1^st Claimant is entitled to the declaration sought.

 

41.       The case of the 2^nd Claimant is for a. Payment of N384,768.00 (Three Hundred and Eighty-Four Thousand, Seven Hundred and Sixty -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N64,128.00 per month. B. Payment of N421,407.00 (Four Hundred and Twenty-One Thousand, Four Hundred and Seven Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N105,031.00, N127,298.00 and N189, 078.00, respectively. C. Payment of N2,073, 233.00 (Two Million, Seventy-Three Thousand, Two Hundred and Thirty-Three Naira), being the defendant’s calculated Staff Final Entitlement. D. An Order compelling the Defendant to remit the deducted pension fund of the 2^nd Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 2^nd Claimant – Trust Fund. In support of his case, the 2^nd Claimant tendered Exh. C26 – Exh. C39. Exh. C35 – Exh. C39 were the same as Exh. C20 – Exh. C24 tendered by the 1^st Claimant. The name of the 2^nd Claimant appeared along with 1^st Claimant in those exhibits. The only difference is in the sums of money due to each of them. I find and hold that the 2^nd Claimant is entitled to the declaration sought.

 

42.       With respect to the 3^rd Claimant his case is for A. Payment of N363, 642.00 (Three Hundred and Sixty-Three Thousand, Six Hundred and Forty -Two Naira) being the unpaid salary for the months of July to December 2013 at rate of N60, 607.00 per month. B. Payment of N383,909.00 (Three Hundred and Eighty-Three Thousand, Nine Hundred and Nine Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N96,132.00, N116,312.00 and N171, 465.00, respectively. C. Payment of N808, 762.00 (Eight Hundred and Eight Thousand, Seven Hundred and Sixty-Two Naira), being the defendant’s calculated Staff Final Entitlement. D. An Order compelling the Defendant to remit the deducted pension fund of the 3^rd Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 3^rd Claimant – Trust Fund. Aside from his unchallenged evidence in chief, the 3^rd Claimant tendered Exh. C40 – Exh. C61. Exh. 57 – Exh. 61 are the same as Exh. C20 – Exh. C24 tendered by the 1^st Claimant in support of his case. Indeed the names of the 3^rd Claimant appeared on the second page of Exh. C57-Exh. C60 along with the sums of money due to him. I find and hold that the 3^rd Claimant is entitled to the declaration sought.

 

43.       The 4^th Claimant sought A. Payment of N364,092.00 (Three Hundred and Sixty-Four Thousand, Ninety-Two Naira) being the unpaid salary for the months of July to December 2013 at rate of N60,682.00 per month. B. Payment of N540,452.00 (Five Hundred and Forty Thousand, Four Hundred and Fifty-Two Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N96,188.00, N272,683.00 and N171, 581.00, respectively. C. Payment of N1,105, 626.00 (One Million, One Hundred and Five Thousand, Six Hundred and Twenty-Six Naira), being the defendant’s calculated Staff Final Entitlement. D. An Order compelling the Defendant to remit the deducted pension fund of the 4^thClaimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 4^th Claimant – Trust Fund. In proof of his claims the 4^th Claimant also tendered Exh. C62-Exh. C73 . His Exh. C69 – Exh. C73 are the same as Exh. C20-Exh. C24 tendered by the 1^st Claimant in proof of his case. I find and hold that the 4^th Claimant is entitled to the declaration sought.

 

 44.      The case as put forward by the 5^th Claimant is for a. Payment of N340,410.00 (Three Hundred and Forty Thousand, Four Hundred and Ten Naira) being the unpaid salary for the months of July to December 2013 at rate of N58,735.00 per month. b. Payment of N548,064.00 (Five Hundred and Forty-Eight Thousand, Sixty-Four Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N245,587.00, N121,685.00 and N180, 792.00, respectively. C. Payment of N1, 411, 143.00 (One Million, Four Hundred and Eleven Thousand, One Hundred and Forty-Three Naira), being the defendant’s calculated Staff Final Entitlement. D. An Order compelling the Defendant to remit the deducted pension fund of the 5^th Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 5^th Claimant – Trust Fund.

 

45.       The 5^th Claimant testified in chief and in further support of his case he tendered Exh. C74-Exh.C87. Both the oral and documentary evidence led were not challenged at trial. Exh. C85-Exh. C87 tendered by the 5^th Claimant are the same as Exh. C20-Exh. C22 while Exh. C78 & Exh. C79 are the same as Exh. C23 & Exh. C24 tendered by the 1^st Claimant. Accordingly, I and hold that the 5^th Claimant is entitled to the declaration sought.

 

46.       No evidence was led in respect of the case of the 6^th Claimant. The case of the 6^th Claimant is therefore deemed abandoned.

 

47.       Finally, the 7^th Claimant sought a. Payment of N420,000.00 (Four Hundred and Twenty Thousand Naira) being the unpaid salaries for the months of July to December 2013 at rate of N70,000.00 per month. b. Payment of N553,150.00 (Five Hundred and Fifty-Three Thousand, One Hundred and Fifty Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N247,537.00, N123,253.00 and N182, 360.00, respectively. C. Payment of N1,417, 773.00 (One Million, Four Hundred and Seventeen Thousand, Seven Hundred and Seventy-Three Naira), being the defendant’s calculated Staff Final Entitlement. D. An Order compelling the Defendant to remit the deducted pension fund of the 7^thClaimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 7^th Claimant – Trust Fund. The 7^th Claimant testified in chief in support of his case and tendered Exh. C88-Exh. C104. Exh. 95, Exh. 100-Exh. 104 are the same as Exh. C20-Exh. C24 tendered by the 1^st Claimant. Accordingly, I find and hold that the 7^th Claimant is entitled to the declaration sought. Accordingly I grant same.

48.       Considering the evidence led by the 1^st -5^th and 7^th Claimants, I find and hold that they are entitled to the declaration sought. I therefore grant the first relief sought and declare that the Claimants are entitled to their earned but unpaid entitlements.

 

49.       Having granted the first relief, I make the following orders The Defendant is ordered to pay to the 1^st Claimant the sum of i. N535,278.00 (Five Hundred and Thirty-Five Thousand, Two Hundred and Seventy -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N89,213.00 per month. ii. N564,460.00 (Five Hundred and Sixty-Four Thousand, Four Hundred and Sixty Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N139,163.00, N169,893.00 and N255, 404.00, respectively. iii. N4,918, 609.00 (Four Million, Nine Hundred and Eighteen Thousand, Six Hundred and Nine Naira), being his Final Entitlement.

 

50.       The Defendant is also ordered to remit the deducted pension fund of the 1^st Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 1^st Claimant – Trust Fund.

 

51.       The Defendant is ordered to pay to the 2^nd Claimant the following earned but unpaid entitlements to the 2^nd Claimant i. the sum of N384,768.00 (Three Hundred and Eighty-Four Thousand, Seven Hundred and Sixty -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N64,128.00 per month. ii. The sum of N421,407.00 (Four Hundred and Twenty-One Thousand, Four Hundred and Seven Naira) being “End of Year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N105,031.00, N127,298.00 and N189, 078.00, respectively. iii. The sum of N2, 073, 233.00 (Two Million, Seventy-Three Thousand, Two Hundred and Thirty-Three Naira), being the defendant’s calculated Staff Final Entitlement.

 

52.       The Defendant is here ordered to remit the deducted pension fund of the 2^nd Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 2^nd Claimant – Trust Fund.

 

53.       The Defendant is ordered to pay the following earned but unpaid entitlements to the 3^rd Claimant i.    the sum of N363, 642.00 (Three Hundred and Sixty-Three Thousand, Six Hundred and Forty - Two Naira) being the unpaid salary for the months of July to December 2013 at rate of N60, 607.00 per month. ii. The sum of N383,909.00 (Three Hundred and Eighty-Three Thousand, Nine Hundred and Nine Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N96,132.00, N116,312.00 and N171, 465.00, respectively. iiii. The sum of N808, 762.00 (Eight Hundred and Eight Thousand, Seven Hundred and Sixty-Two Naira), being the defendant’s calculated Staff Final Entitlement.

 

54.       The Defendant is also to remit the deducted pension fund of the 3^rd Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 3^rd Claimant – Trust Fund.

 

55.       The Defendant is ordered to pay to the 4^th Claimant the following earned but unpaid entitlements to the 4^th Claimant i. the sum of N364,092.00 (Three Hundred and Sixty-Four Thousand, Ninety-Two Naira) being the unpaid salary for the months of July to December 2013 at rate of N60,682.00 per month. ii. The sum of N540,452.00 (Five Hundred and Forty Thousand, Four Hundred and Fifty-Two Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N96,188.00, N272,683.00 and N171, 581.00, respectively. iii. The sum of N1, 105, 626.00 (One Million, One Hundred and Five Thousand, Six Hundred and Twenty-Six Naira), being the defendant’s calculated Staff Final Entitlement.

 

56.       The Defendant is also ordered to remit the deducted pension fund of the 4^thClaimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 4^th Claimant – Trust Fund.

 

57.       The Defendant is ordered to pay to the 5^th Claimant the following earned but unpaid entitlements to the 5^th Claimant i. the sum of N340,410.00 (Three Hundred and Forty Thousand, Four Hundred and Ten Naira) being the unpaid salary for the months of July to December 2013 at rate of N58,735.00 per month. ii. The sum of N548,064.00 (Five Hundred and Forty-Eight Thousand, Sixty-Four Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N245,587.00, N121,685.00 and N180, 792.00, respectively. iii. The sum N1,411, 143.00 (One Million, Four Hundred and Eleven Thousand, One Hundred and Forty-Three Naira), being the defendant’s calculated Staff Final Entitlement.

 

58.       The Defendant is also ordered to remit the deducted pension fund of the 5^th Claimant and its counterpart contribution to the Pension Fund Administrator of the 5^th Claimant – Trust Fund.

 

59.       The Defendant is ordered to pay the following earned but unpaid entitlements to the 7^th Claimant i. the sum of N420,000.00 (Four Hundred and Twenty Thousand Naira) being the unpaid salaries for the months of July to December 2013 at rate of N70,000.00 per month. ii. The sum of N553,150.00 (Five Hundred and Fifty-Three Thousand, One Hundred and Fifty Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N247,537.00, N123,253.00 and N182, 360.00, respectively. iii. The sum of N1, 417, 773.00 (One Million, Four Hundred and Seventeen Thousand, Seven Hundred and Seventy-Three Naira), being the defendant’s calculated Staff Final Entitlement.

 

60.       The Defendant is also ordered to remit the deducted pension fund of the 7^thClaimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 7^th Claimant – Trust Fund.

 

61.       This case has been in this Court since 2016. It is a needless case but which was made unavoidable by the conduct of the Defendant. It is without doubt that the Claimants have incurred avoidable expenses and time in the prosecution of this case. Cost, it is said follows events. Accordingly, the Defendant is ordered to pay the sum of One Hundred Thousand Naira (=N=100,000.00) to each of the 1^st – 5^th and 7^th Claimants.

6.         Conclusion

62.       Finally, for the avoidance of doubt and for all the reasons as contained in this Judgment –

1.         I hold that the Final Written Address of the Defendant dated and filed on 9/10/24 is incompetent. Its incompetence deprives this Court of competence and exercise of jurisdiction over same. I accordingly discountenance same

2.         I declare that the Claimants, except the 6^th Claimant, are entitled to their earned but unpaid entitlements.

3.         The Defendant is ordered to pay to the 1^st Claimant the sum of i. N535,278.00 (Five Hundred and Thirty-Five Thousand, Two Hundred and Seventy -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N89,213.00 per month. ii. N564,460.00 (Five Hundred and Sixty-Four Thousand, Four Hundred and Sixty Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N139,163.00, N169,893.00 and N255, 404.00, respectively. iii. N4, 918, 609.00 (Four Million, Nine Hundred and Eighteen Thousand, Six Hundred and Nine Naira), being his Final Entitlement.

4.         The Defendant is also ordered to remit the deducted pension fund of the 1^st Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 1^st Claimant – Trust Fund.

5.         The Defendant is ordered to pay to the 2^nd Claimant the following earned but unpaid entitlements i. the sum of N384,768.00 (Three Hundred and Eighty-Four Thousand, Seven Hundred and Sixty -Eight Naira) being the unpaid salary for the months of July to December 2013 at rate of N64,128.00 per month. ii. The sum of N421,407.00 (Four Hundred and Twenty-One Thousand, Four Hundred and Seven Naira) being “End of Year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N105,031.00, N127,298.00 and N189, 078.00, respectively. iii. The sum of N2,073,233.00 (Two Million, Seventy-Three Thousand, Two Hundred and Thirty-Three Naira), being the defendant’s calculated Staff Final Entitlement.

6.         The Defendant is here ordered to remit the deducted pension fund of the 2^nd Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 2^nd Claimant – Trust Fund.

7.         The Defendant is here ordered to pay the following earned but unpaid entitlements to the 3^rd Claimant i. the sum of N363, 642.00 (Three Hundred and Sixty-Three Thousand, Six Hundred and Forty - Two Naira) being the unpaid salary for the months of July to December 2013 at rate of N60,607.00 per month. ii. The sum of N383,909.00 (Three Hundred and Eighty-Three Thousand, Nine Hundred and Nine Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N96,132.00, N116,312.00 and N171,465.00, respectively. iiii. The sum of N808, 762.00 (Eight Hundred and Eight Thousand, Seven Hundred and Sixty-Two Naira), being the defendant’s calculated Staff Final Entitlement.

8.         The Defendant is also to remit the deducted pension fund of the 3^rd Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 3^rd Claimant – Trust Fund.

9.         The Defendant is ordered to pay to the 4^th Claimant the following earned but unpaid entitlements i. the sum of N364,092.00 (Three Hundred and Sixty-Four Thousand, Ninety-Two Naira) being the unpaid salary for the months of July to December 2013 at rate of N60,682.00 per month. ii. The sum of N540,452.00 (Five Hundred and Forty Thousand, Four Hundred and Fifty-Two Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N96,188.00, N272,683.00 and N171,581.00, respectively. iii. The sum of N1,105, 626.00 (One Million, One Hundred and Five Thousand, Six Hundred and Twenty-Six Naira), being the defendant’s calculated Staff Final Entitlement.

10.       The Defendant is also ordered to remit the deducted pension fund of the 4^th Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 4^th Claimant – Trust Fund.

11.       The Defendant is ordered to pay to the 5^th Claimant the following earned but unpaid entitlements i. the sum of N340,410.00 (Three Hundred and Forty Thousand, Four Hundred and Ten Naira) being the unpaid salary for the months of July to December 2013 at rate of N58,735.00 per month. ii. The sum of N548,064.00 (Five Hundred and Forty-Eight Thousand, Sixty-Four Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N245,587.00, N121,685.00 and N180,792.00, respectively. iii. The sum N1,411,143.00 (One Million, Four Hundred and Eleven Thousand, One Hundred and Forty-Three Naira), being the defendant’s calculated Staff Final Entitlement.

12.       The Defendant is also ordered to remit the deducted pension fund of the 5^th Claimant and its counterpart contribution to the Pension Fund Administrator of the 5^th Claimant – Trust Fund.

13.       The Defendant is ordered to pay the following earned but unpaid entitlements to the 7^th Claimant i. the sum of N420,000.00 (Four Hundred and Twenty Thousand Naira) being the unpaid salaries for the months of July to December 2013 at rate of N70,000.00 per month. ii. The sum of N553,150.00 (Five Hundred and Fifty-Three Thousand, One Hundred and Fifty Naira) being “End of year/Xmas Bonus” for the year 2011, 2012 and 2013 at the Defendant’s calculated sums of N247,537.00, N123,253.00 and N182, 360.00, respectively. iii. The sum of N1, 417, 773.00 (One Million, Four Hundred and Seventeen Thousand, Seven Hundred and Seventy-Three Naira), being the defendant’s calculated Staff Final Entitlement.

14.       The Defendant is also ordered to remit the deducted pension fund of the 7^th Claimant and their counterpart contribution of the Defendant to the Pension Fund Administrator of the 7^th Claimant – Trust Fund.

15.       The Defendant is ordered to pay the sum of One Hundred Thousand Naira (=N=100,000.00) to each of the 1^st – 5^th and 7^th Claimants as cost of this action.

 

63.       All the terms of this Judgment shall be complied with within 30 days from today after which all the Judgment sums shall attract 20% interest per annum until final liquidation.

 

64.       Judgment is entered accordingly.

 

 

___________________

Hon. Justice J. D. Peters

Presiding