Clement Abayomi Onitiju V. Lekki Concession Company Limited (2016)

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SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. 

This appeal is against the judgment of the National Industrial Court delivered by J.T. AGBADU-FISHIM J. on the 25th Day of April 2013 wherein the Appellant?s claims as well as the Respondent?s counter claim were dismissed.

The facts of the case, in a nutshell is that the Appellant was by a letter dated 20-3-2009 offered an employment as Manager, Information Technology by the Respondent. He accepted the offer and commenced work on the 1-4-2009. After a probationary period of six months his appointment was confirmed with effect from October 2009. On the 16-8-2011 while about closing for the day?s work, the Appellant was summoned to the office of the Chief Security Officer (CSO) of the Respondent where he was informed that the Managing Director of the Respondent has directed that he should be arrested and taken to the police on the allegation of forgery and fraud against the company. He was eventually taken to Maroko Division of the Nigerian Police where he was detained for offence of fraud and forgery but admitted to bail on the 17-8-2011.

Prior to

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the arrest and detention, the Appellant was never queried or confronted with any issue of forgery or fraud by the Respondent. On the 18-8-2011, he received a letter dated 17-8-2011 purporting to dismiss him from the employment for gross misconduct in the forgery of procurement documents and siphoning of the company’s funds and this was done without being given any opportunity to defend himself over all the allegations which borders on criminality.

This prompted the Appellant to institute an action as Claimant in the National Industrial Court (Lower Court) against the Respondent wherein by an amended general form of complaint dated and filed on 19-12-2011 he claimed as follows:-
(i) A declaration that the purported dismissal of the Claimant by the Defendant vide dismissal letter dated 17th August 2011 is wrongful, unlawful, null and void and of no effect whatsoever.
(ii) A declaration that the Claimant is still validly and contractually within the employment of the Defendant of the and therefore entitled to all his salaries, earnings, bonuses and perquisites of office from 17th August 2011 until it is properly and lawfully determined by

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Defendant.
(iii) An order setting aside the dismissal letter dated 17th August 2011 issued by the Defendant to the Claimant.
(iv) An order directing the Defendant to immediately pay to the Claimant the sum of (N2, 970, 500.00) Two Million Nine Hundred and Seventy Thousand, Five Hundred Naira Only being his salaries for the months of August to November 2011.
(v) An order directing the Defendant to immediately pay to the Claimant all his salaries, earnings, bonuses and perquisites of office amounting to (N742, 625. 00) Seven Hundred and Forty Two Thousand, Six Hundred and Twenty Five Naira only per month from December 2011 until judgment is delivered in this suit and thereafter until he is properly and lawfully disengaged from the services of the Defendant.

?The Respondent reacted by filing a statement of defence and counter-claim wherein the following reliefs were also claimed:-
(i) The sum of N1, 808, 493.75 (One Million, Eight Hundred and Eight Thousand, Four Hundred and Ninety Three Naira and Seventy Five Kobo) being 25% of the sum of N7,233,975: 00 ( Seven Million, Two Hundred and Thirty Three Thousand, Nine Hundred and Seventy Five

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Naira) which the counter-Claimant paid to a company known as Messer Dunnibel Ventures Nigeria Limited in respect of a contract for the installation of IT framework accessories in the counter-Claimant?s new office.
(ii) An account by the Defendant to the counter-claim of all the other secret profits which the Defendant has made in respect of other transactions involving the counter-Claimant and other third parties while the Defendant to the counter-Claimant was in the employment of the counter-claim.
(iii) General Damages in the sum of N10,000,000: 00 (Ten Million Naira)
(iv) Cost of defending this action.

At the hearing of the suit in the Lower Court, the Appellant testified as CW1 and called no other witness while three witnesses testified for the Respondent in defence of the suit. At the conclusion of the trial and filing and exchange of written addresses which were subsequently adopted by the parties, the Learned Trial Judge delivered judgment on the 25th April 2013 wherein the Appellant?s claims as well as the Respondent?s counter claim were dismissed.

?The Appellant was not satisfied with the outcome of the said