MR. GODSPOWER JOSIAH -VS- ESER CONTRACTING & INDUSTRY CO INC.

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE PORT HARCOURT JUDICIAL DIVISION

HOLDEN AT PORT HARCOURT

BEFORE HIS LORDSHIP HON. JUSTICE P. I. HAMMAN

DATE: 21^ST FEBRUARY, 2019 SUIT NO: NICN/PHC/40/2018

BETWEEN:

GODSPOWER JOSIAH CLAIMANT

AND

ESER CONTRACTING & INDUSTRY CO INC.

(ESER WEST AFRICA LTD) DEFENDANT

Representation:

Sotonye C. Koko Esq. for the Claimant

M. Offordile Esq. for the Defendant

CONSENT JUDGMENT

By a complaint dated and filed on the 19^th day of March, 2018, the Claimant initiated this suit claiming against the Defendant as follows:

An Order of Court compelling the Defendant to pay the Claimant the sum of N4, 612, 500.00 (Four Million, Six Hundred and Twelve Thousand, Five Hundred Naira) only being backlog of the unpaid Net Salary/remuneration from the month of October, 2014 to the month of February, 2018.

An Order of Court compelling the Defendant to pay the Claimant his Net Salary/Remuneration of the sum of N112, 500.00 (One Hundred and Twelve Thousand, Five Hundred Naira) only per month beginning from the month of March 2018 until judgment is delivered in this suit.

An Order of Court compelling the Defendant to continue to pay the Claimant’s Salary/Remuneration after the judgment of this court until the Claimant’s employment with the Defendant is validly terminated in accordance with the terms and conditions as stated in the National Joint Industrial Council Agreement of 1^st November, 2011 (As Amended in 2016).

An Order of Court compelling the Defendant to immediately remit both the Defendant’s contributory fund of 7.5% of the Claimant’s monthly emolument and the 7.5% deducted from the Claimant’s monthly Salary/emolument from the month of July, 2014 until the Claimant’s appointment with the Defendant is validly terminated into the Claimant’s Pension Fund Account with the following account details:

Account Name: GODSPOWER FIBERESIMA JOSIAH

PenCom Issued Pin: PEN100756053820

Saving Plan Name: LEADWAY PENSURE PFA LIMITED

The sum of N5, 000, 000.00 (Five Million Naira) only as general damages against the Defendant.

NOW WHEREAS:

The parties to this suit have discussed extensively on the issues that led to this suit with the aim of resolving same amicably.

And the parties to this suit having discussed extensively, have agreed to settle this dispute amicably under the terms and conditions appearing hereunder, to be bound by same and to adopt same as final settlement and judgment of court.

The parties having settled this matter out of court have filed Terms of Settlement signed by the parties to the suit and duly endorsed by counsel on both sides. (A copy attached hereto).

The said Terms of Settlement dated 8^th February, 2019, and filed on the 18^th day of February, 2019, has been duly executed and adopted by the parties as their terms of settlement in this suit and the basis for this consent judgment.

And the parties to this suit further agreed to faithfully observe the terms of settlement and for the said terms to remain valid, subsisting and binding on the parties.

AND WHEREAS THE PARTIES THEREFORE AGREE TO BE BOUND

UNDER TERMS AND CONDITIONS AS FOLLOWS:

That the Claimant shall forego/waive his salaries and allowances/entitlements from March 2018 to February, 2019.

That the employment of the Claimant terminates on the 28^th day of February, 2019.

That the defendant shall pay the Claimant the sum of N5, 000, 000.00 representing the accumulated arrears of salaries/allowances of the Claimant from October 2014 to February 2018 as well as cost of this action, as full and final settlement of the Claimant’s salaries, allowances/entitlements or however called owed to the Claimant by the defendant arising from employee – employer relation between the parties.

That the defendant has agreed to pay the Claimant the said N5, 000, 000.00 by installment and on two (2) installments as follows:

N2, 500, 000 to be paid to the Claimant on or before the 20^th day of February, 2019.

N2, 500, 000 to be paid to the Claimant on or before 24^th day of December, 2019.

iii. That the mareva order made by the court against the property of the defendant shall stand discharged upon payment of the final installment.

That all installments shall be made to the Claimant through his lawyer’s account as provided below: Sotonye Koko Esq. G. T. Bank A/C No: 0038965198.

That the defendant will engage the services of the Claimant when the (defendant) is ready to continue with its project in Port Harcourt, but shall be on contract for a term of year(s) certain and renewable by the parties upon the terms and conditions to be agreed by the parties.

That the above shall be the terms of settlement agreed to by the parties.

AND WHEREAS BY THESE TERMS OF SETTLEMENT, THE

PARTIES HAVE HEREBY AGREED AS FOLLOWS:

That the terms and conditions above be adopted by the parties and entered by court as consent judgment in this suit.

And in furtherance of the above terms, and upon this court being satisfied that the attached Terms of Settlement has been duly executed in compliance with the Rules of this court, this court hereby enters judgment in accordance with the Terms of Settlement filed by the parties.

Judgment is entered accordingly.

I make no order as to costs.

Hon. Justice P. I. Hamman

Judge