Industrial Court Dismisses Case Against Ibadan Electricity Distribution
Hon. Justice Yakubu Hassan of the Ibadan Judicial Division of the National Industrial Court has dismissed the case filed by one Engr. Musen against the Ibadan Electricity Distribution Company in its entirety for lack of proof.
Justice Hassan held that Engr. Musen did not place anything before the Court to show the procedure for termination of his employment which was breached.
From facts, the claimant- Engr. Musen had alleged that in carrying out his responsibility, he noticed irregularities which he reported to the Ibadan Electricity Distribution Company’s management, and he was invited by the human resources for an interview where he was told never to blow up such an issue being a sensitive matter.
Engr. Musen averred that he was given a query and he was locked out from the store and that he never received any memo to carry on his duty since 2019 until his appointment was terminated on 19th April 2022.
In defence, the defendants- Ibadan Electricity Distribution Company and 9 others maintained that the invitation to Engr. Musen was in furtherance of the investigation of the report of allegation made and when the report was found not to be true, Engr. Musen was informed that the report could not be authenticated.
The Company averred that the termination of Engr. Musen’s appointment was based on the fact that his services were no longer required, and it was in accordance with his conditions of employment and all his entitlements were paid to him, and urged the Court to dismiss the case.
In opposition, the learned counsel to Engr. Musen submitted that the IBEDC assertion that his client service no longer needed was not supported by any evidence and argued that no matter the type of employment, the procedure of termination must be in line with fair hearing and natural justice and nothing more.
In a well-considered judgment, the Presiding Judge, Justice Yakubu Hassan struck out the names of 2nd to 10th – (Mr. Abiodun and 8 Others) from the suit for being not necessary parties to the case and their presence is not necessary for the issues in this suit to be effectively and completely determined.
On the declaratory relief sought by Engr. Musen, Justice Hassan stated that declaratory reliefs are not granted as a matter of course, nor are they granted on the weakness of the case of the Defendant that such relief must be proved by credible and admissible evidence before Engr. Musen can be entitled to the grant of the declaration sought.
The Court stated that Engr. Musen neither pleaded any fact in the statement of material fact nor led any evidence before the Court at the trial to prove in what manner the said terms as contained in Exhibit A5 and A6 were breached by the Ibadan Electricity Distribution Company when his employment was terminated.
Justice Hassan held that Engr. Musen did not place anything before the Court to show the procedure for termination of his employment which was breached.
