Industrial Court Orders APC to Pay Henry, 4 Others N6.9m Within 30 Days
The Presiding Judge, Abuja Judicial Division of the National Industrial Court, Hon. Justice Osatohanmwen Obaseki-Osaghae has ordered All Progressive Congress (APC) to pay 5 of its former staff, Mr. Henry Obi, Mr. Gilbert Obi, Mr. Samuel Mamman, Mr. Joseph Akaa and Mr. Richard Igbang each the sum of N350,000.00 (Three Hundred and Fifty Thousand Naira) as outstanding salaries, and the sum of N50,000.00 (Fifty Thousand Naira) as salary in lieu of notice.
The Court ordered the All Progressive Congress to pay Mr. Henry Obi and 4 others the sum of N3,000,000.00 (Three Million Naira) as general damages for anxiety and suffering when their salaries were stopped without a reason, and the sum of N1,500,000.00 (One Million, Five Hundred Naira) as cost of action within 30 days.
From facts, the Claimants- Mr. Henry Obi and 4 others had pleaded that they were all employees of the Defendant, employed sometime in 2015 and averred that they were still on the employment of the APC even when the party had stopped paying their salaries.
Mr. Henry Obi and 4 others averred that the said non-payment of their salaries and allowances has subjected them to a beggarly living and drastically exposed them to the most adverse economic melancholy of this season. They urged the court to grant the reliefs sought in the interest of justice.
In defence, the Defendant- All Progressive Congress averred that for the periods Mr. Henry Obi and 4 others were casually engaged, they were all paid their entitlement due to them up till the expiration of the tenure of the former National Chairman of the Defendant which came to an end in June 2018, which they were casually engaged to serve.
All Progressive Congress stated that the entire case of Mr. Henry Obi and 4 others as presently constituted is based on a false claim, same is unmeritorious, devoid of merit and ought to be dismissed in its entirety.
The learned counsel to the APC argued that Mr. Henry Obi and 4 others were employed as casual workers and held their positions at the pleasure of the employer or at best that of master and servant. Their employment terminated immediately after the tenure of the National Chairman expired in June 2018.
In opposition, the learned counsel to Mr. Henry Obi and 4 others, David Okokon Esq submitted that the Defendant did not place any document before the Court to show that his clients were employed to work for the Defendant’s National Chairman.
Counsel contended that his clients’ employment was never terminated; that the APC simply stopped his clients’ salaries in July 2018, without any reason whatsoever and urged the Court to dismiss the APC assertion.
Delivering judgment, the presiding Judge, Justice Obaseki-Osaghae faulted the position of the All Progressive Congress for describing Mr. Henry Obi and 4 others as casual workers and held that there is no evidence in the letter of offer that the APC appointed Mr. Henry Obi and 4 others specifically for former National Chairman, neither is there evidence that it terminated the employment of the Claimants as required by law.
The Court stated that the All Progressive Congress simply stopped paying Mr. Henry Obi and 4 others salaries without giving them a reason, that Mr. Henry Obi and 4 others remained employees of the APC till January 2019, and each of them is entitled to their salaries for the period July 2018 up until 31st January 2019; a period of seven (7) months at the rate of N50,000.00 (Fifty Thousand Naira) monthly.
On Mr. Henry Obi and 4 others’ claim for N72,500.00 (Seventy Two Thousand, Five Hundred Naira) Sallah allowance, and N50,000 (Fifty Thousand Naira) Thirteenth-month salary, the Court held that there is no document before the Court in proof of these claims.
