Olajide Omojolomoju V. Group Securicor Nigeria Limited & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

The Appellant herein as Claimant at the High Court of Lagos, Ikeja Judicial Division in his writ of summons and statement of Claim dated and filed on 19/6/07 but duly amended, with the amended processes filed on 29/9/09 claimed against the defendants/Respondents as follows:

i. A declaration that the purported termination of the Claimant’s appointment as conveyed by the Defendant’s letter dated the 8th day of February, 2007 is wrongful, null and void and of no effect whatsoever and howsoever.

ii. AN ORDER of the court directing the Defendants to pay the Claimant the sum of US$147,260.46 representing 2% of US$382,112,36 being 2% commission on contract sum on the CBN armoured personnel contract facilitated by the Claimant or its equivalent in naira at the prevailing CBN exchange rate at the time of judgment and with interest at the rate of 2% per annum from 1st day of February, 2007 until judgment and interest on the judgment debt at 21% per annum until it is fully paid.

iii. Special and general damages in the sum of N10 million

iv. Cost of action.

The case of the Appellant as deduced from his pleadings is that he was employed by the Respondents in 2004 initially as a Joint Operation Officer in the 2nd Respondent and was later transferred to the 1st Respondent as Marketing Executive vide a letter dated 5/7/05. By the letter (contract) of employment, Exhibit C3 he was entitled to a salary of N50,000.00 per month and 2% commission on any contract he facilitates into the companies. The Appellant claimed he duly performed his duties to the satisfaction of the Respondents. He was responsible for scouting for and obtaining six contracts for the Respondents. For the sixth contract obtained from CBN, he had personally enlisted the help of two gentlemen – Paul Ikhizamah and Prince Adeniyi whom he introduced to the Respondents. The Appellant claimed his commissions were duly paid to him by the Respondents in respect of five of the contracts. But shortly after securing the Central Bank of Nigeria Armoured Personnel Carriers Contract for the sum of US$7,382,112.36 and 50% of the Contract sum was paid into the Respondents’ bank account, the Respondents out of the blue handed over to the Appellant a letter of termination of his appointment. The Appellant claimed the Respondents failed to pay his 2% commission in respect of the CBN contract though the gentlemen he introduced to the Respondents received their own commissions. After his protests went unheeded, the Appellant filed the present suit claiming as set out above.

In their Statement of Defence, the Respondents denied that the Appellant facilitated the CBN contract. They claimed the Appellant is entitled to 2% commission on any contract he signs into the company. They claimed the Appellant did not sign the CBN contract and was not the person who introduced the facilitators of the said CBN contract. They claimed the Appellant was relieved of his job because of the Respondents’ internal administrative directive to prune down their marketing staff strength. He was paid his full entitlements under the contract of employment. The Respondents claimed the Appellant in an e-mail message expressed his happiness at the cordial working relationship he had with the Respondents but turned volt face to file this suit seeking declarations that the termination of his employment was unlawful and demanding the payment of some money as commission for a contract that he was not even privy to.

At the hearing, the Appellant called two witnesses CW1 and CW2 and tendered several exhibits. The Respondents also called two witnesses DW1 and DW2 and tendered some Exhibits. At the close of evidence the parties filed written addresses which were duly adopted. The learned trial Judge Alogba J in his judgment delivered on the 21st day of June, 2010 dismissed the Appellant’s claims in their entirety.

The Appellant dissatisfied with the judgment on 21/7/10 filed a notice of appeal containing five grounds of appeal out of which the Appellant in his brief of argument formulated five issues as follows:

1. Whether Exhibit C3 or C14 is the proper document that guides Appellant’s terms of employment and whether Appellant’s claim is distinct from the said document.
2. Whether the Appellant has gone out of his terms of service as contained in Exhibit C3 by working with Prince Jide Adeniyi and Paul Ikhizamah to source contract for the Respondents and whether such claim is part of Appellant’s pleading and evidence.
3. Whether the Appellant has not proved his case when same is unchallenged and uncontradicted and same is supported by the Respondents’ evidence.
4. Whether the contradiction in the evidence of the Defence (Respondent) assisted the case of the Appellant.
5. Whether the Appellant has established a wrong by the Respondents to entitle him to relief sought,

The Respondents in their brief of argument formulated three issues for determination as follows:

(1). whether the learned trial judge was right in law to have held that the payment of one month salary in lieu of notice as shown in column 5 of Exhibit C14 is apparent atonement for the Claimant/Appellant’s alleged wrongful termination.

(2). Whether the Claimant/Appellant placed credible evidence in proof of his claim before the trial court that he sourced the Central Bank of Nigeria contract.

(3). Whether the Claimant/Appellant have proved his claim of special and general damages before the court.