IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
BEFORE HONOURABLE JUSTICE K.D.DAMULAK
ON TUESDAY THE 26th DAY OF MARCH, 2019
SUIT NO: NICN/ABJ/327/2018
BETWEEN
UZOIGWE RAPHAEL
CLAIMANT
AND
KINGS BROADCASTING LTD
DEFENDANT
REPRESENTATION
E.J.Okolie Esq. for the claimant
No representation for the defendant
JUDGMENT
INTRODUCTION
By a general form of complaint dated and fled on 26/11/2018 and accompanied by all the processes required by the Rules of this Court, the claimant is claiming for the following:
A DECLARATION that there existed a contract of employment between the claimant the defendant and that the claimant had complied with all terms and conditions to entitle him to be paid all his salaries and entitlements.
A DECLARATION that the failure, neglect and or refusal of the defendant to pay the claimant his salaries for services rendered and also the failure, neglect and/or refused of the Defendant to remit funds deducted to pension managers and/or appropriate organizations as stipulated in the letter of employment was a gross violation and breach of the contract of employment.
AN ORDER of this Honourable Court directing the Defendant to comply with the terms and conditions and Pay the Claimant salaries, unremitted entitlements in the sum of N2,345,167.84 (Two Mi111on, three Hundred and Forty Five Thousand, one Hundred and Sixty Seven Naira, eighty four kobo only being special damages specified as follows:
PARTICULARS OF SPECIAL DAMAGES
Nl,443,328.48 (One Million, Four Hundred and Forty Three Hundred and Twenty Eight Naira forty Eight Kobo) only representing the eleven (11) months unpaid salary from December 2016 to October, 2017 calculated from N131,211.68 (One hundred and thirty one thousand, two hundred and eleven naira, sixty eight kobo) only per month.
(ii) N901,839.32 (Nine Hundred and One Thousand, Eight Hundred and Thirty Nine Naira, Thirty Two Kobo) only representing the unremitted deductions for four years while the claimant worked at the Defendant company calculated from N18,788.32 (Eighteen Thousand, Seven Hundred and Eighty Eight Naira, Thirty Two Kobo) only monthly multiplied by 12 (twelve) and multiplied by 4 years.
AN ORDER of this Honourable Court directing the Defendant to pay the claimant general damages as a result of the breach for a long period of time.
AN ORDER of this Honourable Court directing the Defendant to pay the claimant punitive exemplary damages.
AN ORDER of this Honourable Court directing the Defendant to pay 26% interest on the claim C (i) from December, 2017 and on the claim C (ii) from October 2013 up to the date of judgment in this case and thereafter 10% on the total amount awarded by this Honourable Court as post judgment interest.
AN ORDER of this Honourable Court directing the Defendant to pay for the cost of this litigation.
FACTS OF THE CASE
The claimant was an employee of the defendant from 2nd October, 2013 to 30th November, 2017. The claimant was being paid a monthly salary of N150,000.00 and a take home pay of N131,211,68 after deductions. The claimant was last paid in November 2016.The claimant was not paid his salaries for the months of December, 2016 to October, 2017, a period of eleven months, amounting to N1,443,328.48 calculated at N131,211.68 per month. That the sum of N18,788.32 was deducted from his salary monthly amounting to N901,839,36 but same was not remitted to his Stanbic IBTC RSA Fund. Claimant wrote to the defendant through his counsel but the defendant did not reply him.
CASE OF THE CLAIMANT
The evidence of the claimant was in line with the claimant’s statement of facts and they are as reproduced in the facts of the case above and shall not be repeated herein. The claimant, while testifying on 15/3/2019, also tendered the following documents which were admitted in evidence and marked as follows;
Employment letter – Exhibit RU1 TENDERED.
GT Bank statement of account – Exhibit RU2.
Stanbic IBTC statement of account – Exhibit RU3.
Claimants letter to defendant dated 20/7/2018 – Exhibit RU4.
Defendant’s reply to claimant dated 23/7/2018 – Exhibit RU5.
Claimant’s counsel letter dated 9/10/2018 – Exhibit RU6.
At the close of his case, the claimant asked for judgment.
COURT DECISION
It is imperative to start by pointing out that the defendant was served with the originating processes by the Bailiff of this Court on 28/11/2018 as the affidavit of service in the file shows, the defendant did not respond to the case. The defendant was also served a hearing notice on 6/3/2018 for 12/3/2019 and also on 12/3/2019 for 15/3/2019 but the defendant took no steps and did not appear in court to defend the suit. The bailiff served the defendant on 28/3/2018 and on 12/3/2019 by dropping the processes in the respondent’s office after the secretary refused to collect the processes. The service on 6/3/2019 was received and duly acknowledged. By Order 7 Rule 3(9) and (10) of the NICN Rules 2017, the services of 28/3/2018 and 12/3/2019 are equally good service. The claimant was therefore allowed to prove his case in the absence of the defendant who has shown no interest at defending the suit. In the circumstance, the claimant is entitled to ask for judgment in line with Order 9 Rule 5(1) of the 2017 Rules of this Court.
Exhibit RU1 tendered was reserved for ruling at judgment. This document is a photocopy of the claimant’s Employment letter. No foundation was laid for its admissibility as required by the evidence Act, however there is no reason to doubt the genuineness of this document and since it would have been acted upon in an originating summons, rejecting it because this is a complaint will be to allow technicality have it way. In the circumstance I am willing to and I hereby invoke the provisions of section 12 (b) and depart from the requirement of the evidence Act and I admit the document as exhibit RU1.
I have read the statement of facts, the witness statement on oath and I have also considered the exhibits tendered, being the case that there is nothing on the other side of the scale, and the evidence of the claimant being credible and reasonably believable, and the evidence of the claimant being credible and reasonably believable in respect of Claims (A), (B), and (C) , the Court has no reason not to act on the said evidence. See
IGBI V. STATE (1998) 11 NWLR (PT.574) where the court of appeal per Achike JCA held;
“where the trial Judge finds the evidence of a witness is unchallenged or uncontradicted, and where by its very nature the evidence is not incredible, the trial court has no option but to accept it and act on it.’’
I accordingly find that the claimant has proved his case against the defendant. Reliefs A, B, and C claimed by the claimant are hereby granted.
Even though there was no defence to the case, the position of the law is that to qualify for belief and reliance by a trial court, unchallenged evidence must be credible in all circumstances and must be cogent enough to sustain the claim of the plaintiff. See
FIRST BANK OF NIGERIA PLC v. MR. EFOBI EFFIONG BAM (2010) LPELR-4160(CA).
Similarly, The duty of every court of law is to render to everyone according to his proven claim, and nothing more. It cannot give to a party a relief he has not proved See IN-TIME CONNECTION LIMITED V. MRS. JANET ICHIE (2009) LPELR-8772(CA)
In relief (f) the claimant prays for 26% pre-judgment interest, besides 10% post- judgment interest. Pre -judgment interest is only payable upon proof that there was such agreement between the parties, there is no such proof before the Court, the claim for pre-judgment interest therefore fails. Relief F is granted only in terms of post -judgment interest.
Reliefs D and E are refused because the claim for general damages, punitive /exemplary damages are vague and also, an award of the unpaid salaries plus post judgment interest is in my view adequate compensation.
Relief G is also refused because the cost of this litigation is not proved and it is also vague as to what constitutes cost of this litigation.
COURT ORDER
For the avoidance of doubt, it is hereby declared and ordered as follows;
A DECLARATION that there existed a contract of employment between the claimant the defendant and that claimant had complied with all terms and conditions to entitle him to be paid all his salaries and entitlements.
A DECLARATION that the failure, neglect and or refusal of the defendant to pay the claimant his salaries for services rendered and also the failure, neglect and/or refused of the Defendant to remit funds deducted to pension managers and/or appropriate organizations as stipulated in the letter of employment was a gross violation and breach of contract of employment.
AN ORDER of this Honourable Court directing the Defendant to Pay the Claimant salaries, unremitted entitlements in the sum of N2,345,167.84 (Two Mi111on, three Hundred and Forty Five Thousand, one Hundred and Sixty Seven Naira, eighty four kobo only being special damages specified as follows:
Nl,443,328.48 (One Million, Four Hundred and Forty Three Hundred and Twenty Eight Naira forty Eight Kobo) only representing the eleven (11) months unpaid salary from December 2016 to October, 2017 calculated from N131,211.68 (One hundred and thirty one thousand, two hundred and eleven naira, sixty eight kobo) only per month.
N901,839.32 (Nine Hundred and One Thousand, Eight Hundred and Thirty Nine Naira, Thirty Two Kobo) only representing the unremitted deductions for four years while the claimant worked at the Defendant company calculated from N18,788.32 (Eighteen Thousand, Seven Hundred and Eighty Eight Naira, Thirty Two Kobo) only monthly multiplied by 12 (twelve) and multiplied by 4 years.
The judgment sum of N2,345,167.84 is to be paid within 21 days of this judgment or it shall attract 10% interest per annum.
I make no order as to cost.
…………………………….
HON JUSTICE K.D.DAMULAK
NICN, ABUJA
