Mr. Adekunle Are V Oyo State Finance And Investment Company

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE IBADAN JUDICIAL DIVISION

HOLDEN AT IBADAN

BEFORE HIS LORDSHIP HONOURABLE JUSTICE F. I. KOLA-OLALERE

Date: January 30, 2018

Suit No: NICN/IB/30/2016

Between:

Mr. Adekunle Are

Claimant

And

Company Limited

Defendants

Representation:

OluseyeDiyan for the claimant

A. Dairo (Mrs.) Deputy Director, Civil Litigation & Advisory Services Oyo State Ministry of Justice, for the defendants

COURT’S JUDGMENT

On March 18, 2016 the claimant filed this complaint against the defendants for the following reliefs:

A declaration that the purported letter of disengagement dated 25^th February, 2016 issued from the office of Head of Service Oyo State, signed by the Permanent Secretary, Office of the Head of Service by virtue of which the Claimant was purportedly removed from the employment of the 1^st Defendant; is wrongful and it is in clear breach of the conditions of service that regulates the employment of the Claimant with the 1^st Defendant.

A declaration that the 2^nd Defendant acted ultra vires and mala fide when he directed the Head of Service, Oyo State to issue a letter dated 25^th February, 2016 to the Claimant purportedly disengaging the Claimant from the employment of the 1^stDefendant; whereas, the Claimant is not a Civil Servant by virtue of his employment with the 1^st Defendant.

An Order of the Court directing the 1^st Defendant and Government of Oyo State to pay to the Claimant the sum of N1,171,901.52 (One Million, One Hundred and Seventy One Thousand, Nine Hundred and One, Fifty Two Kobo;beingsix months monthly salary in lieu of notice at the monthly salary of N195,316.72 (One Hundred and Ninety Five Thousand, Three Hundred and Sixteen Naira, Seventy Two kobo.

An Order of the Court directing the 1^st Defendant and Government of Oyo State to pay to the Claimant the sum of N5,078,239.92 (Five Million, Seventy Eight Thousand, Two Hundred and Thirty Nine, Ninety Two Kobo) being the gratuity to which the Claimant is entitled to upon his disengagement from the service of the 1^st Defendant.

An Order of the Court directing the 1^st Defendant and Government of Oyo State to pay to the Claimant the sum of N2,701,884.06 (Two Million, Seven Hundred and One Thousand, Eight Hundred and Eighty Four Naira, Six Kobo) being the monetary value of the accumulated annual leave to which the Claimant is entitled to upon his disengagement from the service of the 1^st Defendant.

The sum of N10 Million as aggravated damages against the 1^st Defendant and Government of Oyo State jointly and severally for breach of contract of employment of the Claimant by the Defendants.

10% Interest on all the judgment sums with effect from the date of this action until judgment is delivered.

21% Interest on all the judgment sums with effect from the date judgment is delivered in this matter until the entire judgment sums are fully liquidated.