The Nigerian National Petroleum Corporation (NNPC) has incurred the wrath of the Port-Harcourt, Rivers State, division of the National Industrial Court (NICN) as it got a damage sum of N629, 633, 620.25 million, from the court for sacking one of it’s employees unlawfully.
The presiding judge of the court, Justice Faustina Kola-Olalere, awarded the judgment sum in favour of Pastor, Dr. Williams A. S. Abomaye-Nimenibo, who employment was terminated by the corporation, while delivering judgment in the suit marked NICN/PHC/149/2018.
Apart from the award of the above judgment sum, Justice Kola-Olalere, also made the following declarations and orders: “I hold and declare that the defendant did not satisfactorily prove its case of criminal negligence against the Claimant.
“I hold that the dismissal of the Claimant was wrongful but not unlawful. And that the Claimant is not entitled to re-instatement.
“I hold that the Claimant is entitled to the remaining terminal benefits as agreed upon by both parties.
“I hold that the claimant has proven that the action of the Defendant is outrageously reprehensible and grossly reckless….
“The defendant must pay the Judgment debt to the Claimant within two months from today.”
The judgment creditor, Dr. Abomaye-Nimenibo, who worked last as Assistant Administrative Supervisor with NNPC, in his statement of claims filed before the court by his lawyer, F. K. Amachree, on December 21, 2018, had asked the court for the followings: “A Declaration that the Claimant’s suspension and eventual dismissal from work via letters dated 23rd January, 2015; 22nd June, 2015 and 15th February, 2018 is wrong and unlawful.
“An Order of Court setting aside the alleged suspension and subsequent dismissal of the claimant from the services of the defendant.
“An Order of Court reinstating the Claimant to the services or employment of the defendant with all the attendant promotions, allowances, entitlement, benefits and other welfare packages from 23rd January, 2015 till the date of judgment including the promotions as Deputy Manager in 2015 promotion exercise and in 2019 as full Manager on Salary Grade M5.
“An order of court directing the defendant to pay to the claimant all his entitlements, allowances, benefits and all other welfare packages due to him from June 2016 till the date of judgment including the ones that he was denied when he was in service such as increment of at least 5% in 2015 for working in 2014 and when his appraisal forms were changed many times and finally given a zero increment which was influenced by Mr. Christopher Osarumwense contrary to the Corporate Policy Procedure Guide.
“An Order of Court directing the Defendant to pay to the Claimant the N3.8 million, representing the N2.8m pre-commission expenses of FMS Ibaka and Uta-Ewa since 2012 as well as over N1 million claim over expenses at FMS Oporoma; as well as the training for Chief Officers’ Course with its financial benefits of N1.5 million .
“An Order of Court directing the Defendant to pay to the Claimant his travelling allowances of N1.5 million, representing the two weeks in lieu of hotel and both inter and intra transport expenses from Port-Harcourt to Abuja in January 2015 when invited by Mr. Christopher Osarumwense MD of NNPC Retails Limited, during the initial investigation and N1.0 million, when invited to Abuja for one week by the Corporate Headquarters to attend the Ad-Hoc Committee meeting in June 2016.
“An Order of Court directing the defendant to pay to the claimant N28,976,603.79 million, in addition to about N80 million; his gratuity of about N100 million, his relocation allowance which was 15% of the terminal base salary; his Christmas bonuses for each year from 2018 until the matter is resolved and he is reinstated; long service award of about N50 million.
“An order of court directing the Defendant to pay to the Claimant all the money he spent in funding the haul aging of all the products ferried from Ogbia jetty to FMS, Nembe between August 2012 and December 2013, when he oversees the FMS Nembe since neither NNPC nor the Dealer Zed Energy did spend a dine in transporting the product, repairs of their barge, fueling of their Speed Boat, payment for escort of the product and feeding of the staff to the tune of N18,260,302.50 that is 5,533,425 litres with interest thereof.
“The sum of N25 billion and N25 billion, being damages for breach of contract and unlawful dismissal and aggravated and exemplary damages respectively.”
But, NNPC in a statement of defence filed by it’s lawyer, P. A. Johnmark , stated that the claimant’s dismissal was lawful due to his gross negligence and dereliction of duty, which resulted in a significant financial loss of N243,120,944.00 million, at FMS, Nembe, while he was the Head, FMS Nembe.
NNPC also claimed that the loss occurred while the Claimant was the Head of FMS Nembe between August 2012 and January 2015.
NNPC lawyer after arguing on the issues formulated urged the court to dismiss Claimant’s reliefs 1, 2, 3, 4 and 7, for lacking in merit in the circumstances of this case.
In her judgment on the suit, Justice Kola-Olalere, after reviewing the facts of the case and the written arguments of both parties’ counsel along with the authorities’ cited, and after citing plethoras of Superior legal authorites, made that above declarations and orders.
Culled: News Dish
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