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UZODINMA AJU OWORO -VS- SHELL NIGERIA EXPLORATION AND ORS

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE PORT HARCOURT JUDICIAL DIVISION

HOLDEN AT PORT HARCOURT

BEFORE HIS LORDSHIP:

HON. JUSTICE AUWAL IBRAHIM, PhD

DATE: 12th December, 2017                    

 

SUIT No.: NICN/YEN/121/2016

BETWEEN:

UZODINMA AJU OWORO====

CLAIMANT/APPLICANT

 

AND

 

  1. SHELL NIGERIA EXPLORATION

AND PRODUCTION COMPANY

LIMITED

 

  1. THE SHELL PETROLEUM

DEVELOPMENT COMPANY

OF NIGERIA LIMITED=====

 

DEFENDANTS/RESPONDENTS

 

REPRESENTATION:

George Ogara Esq. with G.O. Agbo Esq., Q.O. Epiah Esq., U.M. Eze Esq. and B.C. Omeje Esq. for the Claimant/Applicant.

M.O. Agbo Esq. for the Defendants/Respondents.

RULING

The Claimant in this case approached this Honourable Court with a Complaint dated and filed on the 29th June, 2016 and in his Statement of Facts, paragraph 48 thereof, he seeks the following reliefs against the defendants jointly and severally:

  1. A DECLARATION that the action of the 2nd Defendant in terminating the Claimant’s Contract of Employment with the 1st defendant by a letter written by the 2nd defendant dated 4/4/2016 is unlawful and a breach of the Terms and Conditions of Employment between the Claimant and the 1st Defendant.
  2. An ORDER of Court setting aside the letter dated 4th April, 2016 issued to the claimant by the 2nd defendant for being illegal.
  3. AN ORDER of Court setting aside the warning letters dated 19/6/2015 and 30/9/2015 issued to the claimant by the 2nd defendant for being illegal.
  4. The sum of N2,031,341,289.18k (Two Billion and Thirty One Million, Three Hundred and Forty One Thousand, Two Hundred and Eighty Nine Naira, Eighteen Kobo) being the Claimant expected total salary/emoluments from April, 2016 to 30th July, 2037.
  5. The sum of N273,841,716.95k (Two Hundred and Seventy Three Million, Eight Hundred and Forty One Thousand, Seven Hundred and Sixteen Naira, Ninety Five Kobo) being the gratuity due to the claimant from the 1st defendant Company upon retirement in the year July, 2037.
  6. The sum of N2,053,812,877.11 (Two Billion and Fifty three Million, Eight Hundred and Twelve Thousand, Eight Hundred and Seventy Seven Naira, Eleven Kobo) being total annual pension due to the claimant from the defendant for 15 years upon retirement in July, 2037.

The Complaint was accompanied with the Statement of Facts, list of witnesses, Statement on oath of witnesses, list and copies of documents. Upon the service of the originating processes on them, the defendants entered memorandum of appearance on 7/9/2016 and subsequently with leave of court sought and granted, they filed Statement of defence with all its accompanying processes on 27/2/2017.

Subsequently, the learned Claimant’s counsel on 24/4/2017 filed a motion on notice dated 21/3/2017 praying this Honourable Court for the following reliefs:

  1. AN ORDER of this Honourable Court for the Defendants to deposit the pecuniary claims subject matter of this Complaint in an interest yielding account in a recognized financial institution in Nigeria in the name of the Chief Registrar of this Honourable Court pending the hearing and determination of the Substantive Suit.