Mobil Producing Nigeria Unlimited V. Otoabasi Effiong (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High court of Akwa Ibom state, Eket Division delivered on 5th day of August, 2009 in Suit No: HEK/57/2006 which the Respondent as Plaintiff commenced through the writ of summons and statement of claim filed on 15th May, 2006.

By the Amended statement of claim filed on 4th April, 2008 with the leave of court, the Respondent claimed as follows:

“i. A DECLARATION that the suspension of the plaintiff from duty without pay by the defendant ceased on 31/10/2004.

ii. A DECLARATION that the contract of appointment between plaintiff and defendant is still subsisting.

iii. AN ORDER compelling the defendant to pay the plaintiff the following:

(a) N50, 000.00 monthly salary with effect from 1/11/2004 until plaintiff’s appointment is properly determined.

(b) N120, 000.00 annual medical allowances with effect from 2004 till plaintiff’s appointment is properly determined.

(c) N50, 000.00 annual leave giant with effect from 2004 until plaintiff’s appointment is properly determined.

(d) N50, 000.00 annual Christmas bonus with effect from 2004 until plaintiff’s appointment is properly determined.

(e) N50, 000.00 annual Turkey allowance with effect from 2004 until plaintiffs appointment is properly determined.”

The case of the Respondent was that the Appellant employed him as a Spy Police Constable through a letter dated 23/10/96 making the employment effective from 1/11/96, and was placed on suspension without any payment from 1/7/2004 vide the letter dated 28/6/2004 issued by the defendant’s Security department and he remained on suspension up to the date he filed his action at the lower court.

The case went into trial and the parties adduced oral evidence.

In the judgment delivered on 5th August, 2009, the lower court upheld the Respondents’ claim and ordered the Appellant to pay the total of Three Million, One Hundred Thousand Naira (N3, 100, 000.00) being the Respondent’s entitlements by way of salary and leave grant from November, 2004 to July, 2009 with N20, 000 as cost of the action. The Court also ordered that “the Defendant shall continue to pay the plaintiff his earnings as long as his employment subsists with the Defendant.”