Akinyemi Olumayowa Ademola -VS- International Aviation College,

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: June 10, 2019 Suit No: NICN/IL/05/2014

Between:

Akinyemi Olumayowa Ademola ———— Claimant

And

International Aviation College, Ilorin
Captain AbdulkareemAbdulmuminNuhu ———— Defendants

Rector, International Aviation College,

Ilorin

Representation

Salman Jawondo with Idris A. Abdullahi for the Claimant

YunusLamboAkanbi with A.Abdulkareem for the Defendants

COURT’S JUDGMENT

On February 28, 2014 the claimant filed this Complaint against the defendants, seeking for the following reliefs:
The sum of Sixteen Million, Four Hundred and Forty One Thousand, Six Hundred and Ninety-One Naira and Sixty-Five Kobo (N16,441,691.65) only being the NET Arrears under the following sub-heads:
Salaries for the months of November and December 2013 and January 2014; N1,416,676.66
Annual Basic Allowance for 20months fromJune 2012 to January 2014 (Twenty months); N3,750,000.00
Balance of Annual Leave Allowance for the years 2011/2012 and 2012/2013;(N8,250,000.00)
20 working days Annual Leave with pay or payment in lieu of annual leave for June2011/2012; N708,338.33
I
15 working days Annual Leave with pay or payment in lieu of annual leave for June2012/2013; N708,338.33
Outstanding balance of Annual Basic Allowance for the year 2011/2012;N4,125,000.00
balance of Annual Basic Allowance for the year 2011/2012;N4,125,000.00
Annual Leave Allowance for 2013/2014;N900,000.00
Compensation for the accumulated leave for not less than two years and severance package.
Two months take home salaries in the sum of N1,416,676.66 as compensation for keeping the claimant in Ilorin and off work.

iii. An Order of injunction restraining the defendants, their servants, privies agents and or any person (s) and or authority or authorities acting through, for and or on behalf of the defendants from ejecting and or removing and or causing the ejection or removal of the claimant and or his belongings from the claimant’s official quarters or residence situate at and known as NO. 14 Office road, G.R.A. Ilorin, Kwara State, Nigeria until the claimant’s entitlements are fully paid by the defendants

N2,000,000.00 general damages
And for such further Order (s) as the Court may deem fit to make in the circumstances
The costs of this action

COURT’S DECISION

On the whole, I hold and order as follows in this judgment:

I hold that the claimant’s relief for injunction and restraining order against the defendants etc. is now spent as the claimant had already moved out of the defendants’ premises. This relief is accordingly dismissed.
I hold that all the facts referred to by the claimant’s counsel on other previous cases handled by this court in its other Divisions; of which counsel did not supply certified true copy of same are discountenanced in this judgment.

I further hold that the claimant is entitled to the sum of N1,256,729.29 as his salaries from December 2013 to January 24, 2014 when his employment was determined.

I hold that the claimant is entitled to claim from the defendants his Annual basic allowance for 20 months from July 2013 to January 2014 at the rate of N1,500,000.00 per annum; which equals a total sum of N2,500,000.00.
I hold that by the terms and conditions of his employment, the claimant is not entitled to claim payment in lieu of his 20 cumulative working days for year 2013/2014 as claimed.
I hold that the claimant is entitled to claim from the defendants, a total sum of N8,250,000.00 as the balance of his annual Leave/Vacation Allowances for years 2011/2012 and 2012/2013 respectively as claimed.

I hold that the claimant is entitled to claim the sum of N900,000.00 as his Annual Leave/Vacation Allowance for year 2013/2014 because he worked for at least 6months that year as required by the term of contract.
I hold that the claimant is not entitled to an outstanding balance of N750, 000.00 Annual Basic Allowance for year 2011/2012.

I hold that the claimant is not entitled to the sum of N1,416,676.66 as his two months’ take home salary as compensation for his accumulated leave.
I hold that the claimant is not excluded from enjoying Severance Package of N900,000.00 from the term of his employment. The management of the 1^st defendant shall; therefore, pay the severance fee to him.
I hold that the claimant is not entitled to claim from the defendants the sum of N1,416,676.66 as compensation for keeping the claimant in Ilorin and off work.

I hold that the claimant is not entitled to the sum of N2,000,000.00 as general damages in this case.
I hold that the claimant is not entitled to the costs of this action.
I hereby order that the all the judgment sums in this case are to be paid to the claimant by the 1^st defendant within 60days from today.