IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE JOS JUDICIAL DIVISION
HOLDEN AT JOS
BEFORE HIS LORDSHIP HON. JUSTICE K.I. AMADI
DATED: NOVEMBER, 2019 SUIT NO.: NICN/JOS/39/2017
BETWEEN:
SAMUEL SELBOL NAMBUT —– CLAIMANT
AND
ZUMA STEEL WEST AFRICA LIMITED —– DEFENDANT
REPRESENTATION
A.A. Adewole with N.O. Adewale and Eric E. Duniya for the Claimant
Okechukwu Ajunwa with Kenneth Anyang for the Defendant
JUDGMENT
INTRODUCTION
The Claimant commenced this suit by a general form of complaint dated 5th December 2017 and filed 6th of December, 2017. The Claimant claimed against the defendant the following reliefs:
- A Declaration that the contract of employment between the claimant and the defendant still subsist.
- An Order directing the defendant to pay to the claimant the total sum of N92,903.94k only being balance of arrears of half salary owed him by the defendant for nine months from the months of July 2006 to March 2007.
- An Order directing the defendant to pay the claimant the total sum of N2,663,246.28k only being arrears of full salary owed him by the defendant for 10 years 9 months i.e 129 months from April 2007 to date.
- An Order directing the defendant to pay to the claimant the sum of N100,000.00 only being money paid to the defendant by the claimant in year 2006 as rent for the staff quarters occupied by the claimant.
- General damages in sum of N5,000,000.00 (Five Million Naira) only.
- Interest on the judgment sum at the rate of 10% from the date of judgment until final liquidation.
- An Order setting aside the defendant’s internal memo dated 26th January, 2017 and the Notice to Quit dated 3rd August, 2017 and served on the claimant, the same having been issued in breach of the claimant’s contract of employment.
- An Order restraining the defendant from ejecting the claimant from the defendant’s quarters at Zuma Steel Housing Estate, Rayfield, Jos, Plateau state until all his remunerations have been fully paid to him.
- The sum of N600,000.00 (Six Hundred Thousand naira) only being cost of this action.
The defendant filed a Memorandum of Appearance dated and filed 22nd January 2018, the Defendant filed Statement of Defence and an Amended statement of Defence dated and filed 23rd July 2018. The Claimant filed a Reply to defendant’s Statement of Defence dated 22nd March 2018 and filed 23rd March 2018.
By an order of this Honourable court and agreement of counsel on both sides of this case, 11(eleven) of the 14 suits filed by the former employees of Jos Plant Rolling Mill, who were later employed by the defendant upon privatization against the defendant were consolidated leaving three suits because of a peculiar issue or fact of that particular case. The sister suits that were consolidated and judgment given thereof are the following: NICN/JOS/27/2017, NICN/JOS/28/2017, NICN/JOS/29/2017, NICN/JOS/30/2017, NICN/JOS/31/2017, NICN/JOS/32/2017, NICN/JOS/33/2017, NICN/JOS/34/2017, NICN/JOS/35/2017, NICN/JOS/37/2017, NICN/JOS/38/2017. I have to state here that these judgments could not be delivered within the 90 days framework for reason I will state to the Chief Justice of Nigeria in my letter in that regard.
This case is one of the other three cases with one distinguishing issue or fact that was not consolidated with the other sister cases aforesaid. In this case the peculiar or distinguishing fact is the claim by the defendant that the claimant herein took a job with the University of Jos Teaching Hospital (JUTH) as a driver and has since being leaving in JUTH quarters. I hereby adopt the entire proceedings in the consolidated sister cases which I hereby apply to this case. I shall therefore go straight to the determination of that peculiar issue.
COURT’S DECISION
The claimant denied taking up any job as a driver with University of Jos Teaching Hospital (JUTH) or with any other organisation. The defendant did not tender any document nor furnished the court with any evidence in proof of that assertion. The defendant also did not cross examine the claimant on whether he is still resident at the defendant’s quarters as alleged.
Furthermore, the defendant also did not plead the fact that it has recovered possession of the premises being occupied by the claimant from him. The law is settled and trite that he that alleges the existence of a fact must prove same. Consequently, I find and hold that the defendant has failed to prove the fact that the claimant took up a job with University of Jos Teaching Hospital (JUTH) or with any other organisation as a driver as claimed.
From the foregoing, my finding that the defendant terminated the contractual relationship between the parties wrongfully by conduct still applies and all the other reliefs as granted in the consolidated cases shall apply to this case.
For avoidance of any doubt, I hereby order the defendant to pay to the claimant the sum of N743,231.52k being his three years’ salary for wrongful termination of employment. Thereafter the claimant shall vacate the premises on or before the expiration of 90 days or pay rent as a regular tenant to the defendant. The defendant shall pay N50, 000 being cost of this case to the claimant.
Judgment is entered accordingly.
……………………………………………
Hon. Justice K. I. Amadi, Ph.D.
(Judge)
