Okon Johnson Ors. V. Mobil Producing Nig. Unlimited & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

THERESA NGOLIKA ORJI-ABADUA, J.C.A.

The Appellants had in their Amended Originating Summons filed on 15/3/05 before the Federal High Court of Nigeria, in the Uyo Judicial Division, sitting at Uyo, and, then presided over by His Lordship, G. K. Olotu J. sought the following reliefs against the Respondents:

“1. A DECLARATION that having regards to and/or considering the circumstances, nature, procedure and methods of the appointment and/or employment and work of the Plaintiffs in the service, work or employ of the 1st Defendant and provisions of sections 18, 19, 20 and 21 of the Police Act, the Plaintiffs are employees, workers and staff of the 1st Defendant entitled to all benefits, rights, emoluments, privileges, immunities, conditions of service and all legitimate protections as such.

2. A DECLARATION that having regards to and considering the circumstances, nature, procedure and methods of the appointment and/or employment of the service or work of the Plaintiffs in the service and/or employ of the 1st Defendant and the provisions of sections 18, 19, 20 and 21 of the Police Act, the Plaintiffs, individually entered into and/or has contract of employment or contract of service with the 1st Defendant, and, therefore, the Plaintiffs are not members or staff of (the 2nd, 3rd and 4th Defendants) Nigeria Police Force and, the Plaintiffs are, therefore, not entitled to be called Supernumerary Policemen nor to wear or use Police Uniform or any Police kit or insignia calculated to show or portray the Plaintiffs as Policemen.
3. A DECLARATION THAT:-

(a) The 1st Defendant and/or any of the Defendants cannot compel or force the Plaintiffs or any of the Plaintiffs to sign or enter into any agreement or contract to contravene or breach the provisions of section 18(1), (2) & (3)(a), (b) & (c) of the Police Act and, in particular, the 1st Defendant, and/or any of the Defendants, cannot compel or force the Plaintiffs or any of the Plaintiffs to sign, or enter into any agreement or contract by signing the document “Mobil Producing Nigeria Status Agreement for Supernumerary police Service Condition Agreement” as same seeks or purports to contravene or breach the provisions of section 18(1), (2) & (3)(a), (b) & (c) of the Police Act.

(b) Any such document or agreement as or being “Mobil Producing Nigeria Status Agreement for Supernumerary Police Service Condition Agreement” (Exhibit “Q”) purportedly signed by any of the members of the Plaintiffs is wrong, illegal, null and void and of no effect whatsoever.

(c) Any purported transfer of the Plaintiffs by any of the Defendants away from the area of the Police Province or Police District or Police Division in which the 1st Defendant’s property which each of the Plaintiffs was appointed and/or employed to protect is situated is/was wrong, illegal, null and void and of no effect whatever as same contravenes section 18(1), (2) & (3)(a), (b) & (c) of the Police Act.

4. AN ORDER mandating the Defendants particularly the 1st Defendant to forthwith:

(a) Return all the members of the Plaintiffs purportedly sent on transfer away from the area of Police Province or Police District or Police Division in which the 1st Defendant’s property which each of the Plaintiffs was each appointed and/or employed to protect is situated, back to such area of the Police Province or Police Division they were so appointed or employed to protect the 1st Defendant’s property.

(b) Reinstate with full benefits (as employees or staff of the 1st Defendant) all the 27 (twenty-seven) members of the Plaintiffs listed in Exhibits “N2” and “N4” including 2nd and 3rd Plaintiffs that is to say, Okon Sunday, Ekpoumoren Anthony, Ukpong Ezekiel, Okon Dan, Akpadiaha Thompson, Naphtali Peter, Nkereuwem Akpe, Nsitighe Ikpam, Etukudo Sunday, Iko Godwin, Ebitu Udo, Edohoeket Inyang, Nsikan Henry, Anietie Ntia, Okon Nsien, Ekefre David, Akpan Harry, Edemekong Akpan, Ben Akpadiaha, Anietie Ebong, Udeme Unanaowo, David Etukudo, Bassey Uso, Essienimo Dickson, Albert Nelson, Ime Eshiet and Umoh Udongo purportedly sent away or dropped or not assigned duty post or not paid by reason of their not having gone on such purported transfer aforesaid.

(c) Pay all salaries, allowances, entitlements and benefits owned or not paid to any and/or all of the aforesaid or aforementioned 27 (twenty-seven) members of the Plaintiffs listed in Exhibits “N2” and “N4” including the 2nd and 3rd Plaintiffs who refused to go on any such transfer as aforesaid.

5. AN ORDER mandating the 1st Defendant to pay to the Plaintiffs through their Counsel Barrister Akpan Michael Akpa the following:

(a) Payment of the sum of N50, 635, 850.00 (Fifty Million, Six Hundred and Thirty-Five Thousand, Eight Hundred and Fifty Naira) to each of the 833 (eight hundred and thirty-three) number of members of the Plaintiffs as Mobil (1st Defendant) employees or staff as contained in the 1st Defendant’s January, 2004 Nominal Roll of (members of) the Plaintiffs and the aforesaid or aforementioned 27 (twenty-seven) members of the Plaintiffs listed in Relief 4(b) above and Exhibits “N2” and “N4” including 2nd and 3rd Plaintiffs making an overall total of 860 (eight hundred and sixty) number of (members of) the Plaintiffs making a total of N43,546, 831,000.00 (Forty-Three Billion, Five Hundred and Forty-Six Million, Eight Hundred and Thirty-One Thousand Naira) for all the aforesaid overall total number of (members of) the plaintiffs being their due financial entitlements or benefits or emoluments as employees or staff or workers of the 1st Defendant for eight (8) years from 1997 to 2004 inclusive having been so employed by the 1st Defendant and/or having entered into and/or having contract of employment or contract of service with the 1st Defendant and a breakdown of their said financial entitlements or benefits or emoluments as aforesaid and as payable by the 1st Defendant per year to each of the least of its staff are as follows:

(a)

1. Annual Basic Salary (Gross Pay) … 1,560,000.00
2. Annual Leave Allowance ….. 195,000.00
3. Year-End Bonus …. 130,000.00
4. Medical Allowance … 400,000.00
5. Security Support Allowance 115, 500.00
6. Rental Allowance 250,000.00
7. Shift Allowance (N13,200.00 per month) 158,400.00
8. H. O. S. … 2,645,000.00
9. Lunch Subsidy (1,000.00 per day) 365,000.00
10. Onshore Allowance

(9% of Annual Basic Salary) 140,400.00

11. Car Maintenance / Fuel Subsidy…. 275,000.00
12. Tea/Coffee, Snacks Allowance

(1,700.00 Per Month)… 20,000.00

Sub Total……. 6,254,700.00