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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height: normal"><u><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">REPRESENTATION</span></u><span style="font-size:12.5pt;font-family:"Times New Roman","serif""><o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Azubikwe Obiekwe with C. Emiowele & Amos Maisamari for the Claimant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Abiola Tella Mrs. with E.A. Agbelusi for the Defendant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt; text-align:center;line-height:normal"><u><span style="font-size:12.5pt; font-family:"Times New Roman","serif"">JUDGMENT<o:p></o:p></span></u></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">1. Introduction & Claims<o:p></o:p></span></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">This suit was filed on 21/2/13 and by her amended statement of facts dated and filed 16/12/13 sought the following reliefs against the Defendant - <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">1. A declaration that the purported termination of the Claimant’s appointment in the circumstances of this case is mala fide, wrongful, unlawful and unjust.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">2. A declaration that the missing money in this suit, to wit, the sum of =N=207,210.00 (Two Hundred and Seven Thousand, Two Hundred and Ten Naira) is not attributable to the Claimant as no ascertainable blameworthy act was found against her nor has a Court of law found her liable or guilty of the said missing money. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">3. Refund of the sum of =N=103,000.00 (One Hundred and Three Thousand Naira) being part of the missing money she was compelled under duress to pay at the instance of the Defendant at Alausa Police Station, Ikeja. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">4. Payment of the sum of =N=260,000.00 (Two Hundred and Sixty Thousand Naira) to the Claimant, being amount due for the period of January 2010 to August 2010, at the monthly salary of =N=32,500.00 (Thirty Two Thousand Five Hundred Naira). <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">5. Special damages in the sum of =N=250,000.00 (Two Hundred and Fifty Thousand Naira) being professional fees paid to the Claimant’s Solicitors for this action. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">6. General damages in the sum of =N=10,000,000.00 (Ten Million Naira) for wrongful termination of employment and imputation of criminality against the Claimant. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">7. Cost of this action.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><u><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></u></p> <p class="MsoNormalCxSpMiddle" style="margin-bottom:0in;margin-bottom:.0001pt; mso-add-space:auto;text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The Claimant accompanied her writ with all the frontloaded processes as required by the Rules of this Court. The Defendant entered an appearance and filed its statement of defence on 17/4/13 together with all the documents as mandated by the rules of Court.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="margin-bottom:0in;margin-bottom:.0001pt; mso-add-space:auto;text-align:justify;line-height:normal"><b><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">2. Facts<o:p></o:p></span></b></p> <p class="MsoNormalCxSpMiddle" style="margin-bottom:0in;margin-bottom:.0001pt; mso-add-space:auto;text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The facts of this case in brief as revealed by the pleadings of the parties are that the Claimant, a staff of the Defendant was employed on 1/12/03 as a Sales Clerk; that she was attached to one of the Defendant’s distributors as Sales representative; that on 7/1/10 the Distributor by a letter, informed the Defendant of irregular transactions involving the Claimant in particular, failure to remit sales proceeds and maintain proper record of remittances; that as at 22/12/09 the unremitted sales proceeds due to the distributor was =N=1,194,285.00; that investigation conducted by the Defendant revealed that the Claimant was implicated in the complaint of financial irregularity made by the Distributor and the Claimant was also negligent in the procedure of remitting sales proceeds held by her; that the Claimant was instructed to proceed on suspension due to the seriousness of the distributor’s complaint and to report to the Defendant’s Human Resources Manager, weekly; that the Claimant did not adhere to this directive as instructed and subsequently the appointment of the Claimant was terminated.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">3. Case of the Claimant<o:p></o:p></span></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The hearing of this case commenced on 16/2/15 when the Claimant opened her case and testified as CW1. In her evidence in chief, witness adopted her statement on oath dated 16/2/13 as her testimony and tendered six documents as exhibits. The documents were admitted and marked as <i>Exh. C1-Exh. C6. </i>The case of the Claimant respecting the facts is that she was directed by Mrs. F.O. Enigbokan to hand over all sales proceeds to Mr. Mustapha Adewale, who was also a staff of the Defendant; that consequent upon the above, on the 14<sup>th</sup> of December 2009, the she arranged the monies in two separate nylon bags with a written breakdown of the amount attached to the two bags with =N=207,210.00 and =N=192,050.00 each and gave them to Mr. Mustapha Adewale; that Mr. Mustapha Adewale further directed her to give the two nylon of money to Mr. Taofeeq Oladimeji, who was also a staff of the Defendant; that she acted on the instruction of Mr. Mustapha Adewale, and gave the two nylon bags of money to Mr. Taofeeq Oladimeji, who also confirmed receipt of the two bags of money; that after three days, Mr. Mustapha Adewale informed her that the monies were not complete; that instead of two nylon bags of money, only one nylon bag which contains the sum of =N=I92, 050.00 (One Hundred and Ninety Two Thousand, Fifty Naira Only) was found; that following the incident, the Claimant was suspended from work with the Defendant and neither was her salary paid and her employment with the Defendant terminated and was detained at the Alausa Police station Ikeja at the instance of the Defendant, where the Claimant was compelled to pay the sum of =N=103,000.00 (One Hundred and Three Thousand Naira) and that though investigated, she was not found guilty of any missing money.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Under cross examination, the witness stated that she joined the Defendant by employment letter dated 1/10/03; that she accepted the offer of employment with the Defendant; that she is not aware that certain terms and conditions followed her acceptance of the offer; that she is not educated; that her employment was confirmed by a letter dated 1/6/05; that she is bound by the terms and conditions in the Employer’s Handbook; that she received a letter termination dated 18/8/10; that the sum of =N=275,488.00 was indicated on her letter of termination as my benefit; that Defendant did not indicate any reason for the termination of her employment; that she received a GT Bank cheque from the Defendant; that she cashed the cheque; that she did not write any letter to dispute the amount on the cheque; that her claim for =N=2,000,000.00 before the Court is based on her calculation; that the Solicitor’s receipt she tendered was for money paid to her lawyer when she was about to file the Suit at the State High Court; that the money was for the matter at the High Court and that the matter at the State High Court was struck out because of jurisdiction.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">4. Case of the Defendant<o:p></o:p></span></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The Defendant opened its case on 2/2/16 when its witness testified in chief by adopting his witness statement on oath dated 17/4/13 and tendered 7 documents as exhibits. The documents were admitted in evidence and marked as <i>Exh. D1-Exh. D7. </i>Under cross examination, the witness testified that he has been with the Defendant for 15 years; that he is familiar with this case; that Claimant was never indicted by Defendant while working with Defendant; that Claimant was not a Supervisor with Defendant but was employed to assist in distributing products of Defendant; that there is no letter to the effect that Managing Director directed Claimant to handover proceeds of sales to one Mr. Adewale; that he is not aware that Claimant collected funds counted and directed to be handed over to Mr. Oladimeji; that the Defendant had no case with the Claimant; that Claimant’s case was with the Distributor; that the Defendant did not call Police and that the Defendant did not lock up and torture the Claimant. Witness added that when the Distributor came to ask Claimant for its money Defendant told Claimant to take time off to sort out the issue of money of the Distributor; that Claimant was not suspended because she was paid for the period under consideration; that Claimant's terminal benefits included the period she was told to sort out money she was to pay to the Distributor; that the Claimant was told verbally to be reporting weekly during the period she was to go and sort out with the Distributor; that there is nothing like yearly allowance with Defendant; that the Claimant was paid Housing Loan and same reflected on the Claimant pay slip; that once a staff of Defendant attains 5 years with Defendant they are automatically entitled to Housing Loan; that it is general to all staff who spend at least 5 years with the Defendant; that the Housing Loan is given on January of every year and that the Clamant was paid Housing Loan in January of the year. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">5. Submissions on Behalf of the Defendant<o:p></o:p></span></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">At the close of the trial, learned Counsel on either side filed their final written addresses in accordance with the Rules of this Court. The final written address of the Defendant was dated 7/3/16 and filed on 9/3/16 in which learned Counsel set down the following issues for the just determination of this case -<o:p></o:p></span></p> <p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:.25in;margin-bottom:.0001pt;text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:.25in;margin-bottom:.0001pt;text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. Whether or not, parties to this suit are bound by the Defendant’s Conditions of Employment, Rules and Regulations contained in the Claimant’s letter of appointment which Claimant accepted when she signed the letter of employment?. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:.25in;margin-bottom:.0001pt;text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">2. Whether the Claimant’s employment was wrongfully terminated by the Defendant?.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:.25in;margin-bottom:.0001pt;text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Arguing issue 1, learned Counsel submitted that the position of the law is that parties are bound by the terms of a contract of employment especially where the terms are clear and unambiguous citing<i> Union Bank of Nigeria Plc v. Soares(2012)11 NWLR (Pt. 1312) 571. </i>Counsel further submitted that <i>Exh. D1</i> referred to the Defendant's Conditions of Employment, Rules and Regulations and that the Claimant admitted under cross examination that she read, understood and accepted the said conditions by appending her signature to same before she returned it. Learned Counsel urged the Court to hold that <i>Exh. D1 </i>is the fulcrum of this case and that the parties are bound by same.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Respecting issue 2, learned Counsel argued that the Claimant's employment was an ordinary contract of employment determinable by notice; that the contract provided that either party may terminate same by giving a specified period of notice or payment of salary in lieu of notice and that to succeed in a matter of this nature, Claimant must satisfy the Court that her terms and conditions of employment were breached citing <i>Nigerian Romanian Wood Industries Limited v. Akinkulugbe (2011)11 NWLR (Pt. 1257) 131</i> and that the Claimant has not discharge the burden on her citing <i>Section 132, Evidence Act, 2011</i>; that the Claimant merely made an allegation that she is entitled to the sum of =N=2,000,000.00 as terminal benefits and redundancy allowance but supported same with no evidence. With respect to the Housing Loan Upfront, learned Counsel submitted that the Claimant was paid the housing loan upfront in January 2010 and that same was deducted from her severance benefits and that the Defendant is entitled to deduct same from the severance benefits of the Claimant. Learned Counsel finally urged the Court to find in favour of the Defendant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">6. Submissions on Behalf of the Claimant<o:p></o:p></span></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The Claimant's final written address was dated 17/4/16 and filed on 19/4/16. In it, learned Counsel canvassed the following issues for determination -<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. Whether the Dismissal of the Claimant’s employment amounts to a wrongful dismissal?.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">2. Whether the Claimant is entitled to damages for wrongful dismissal?.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">3. Whether the Defendant is entitled to deduct =N=72,000.00 (Seventy-Two Thousand Naira) from the Claimant’s alleged entitlement, when the said sum of =N=72,000.00 was not paid nor added to the Claimant’s entitlement in January, 2010 and no evidence was laid by the Defendant to that effect?.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">While arguing issue 1, learned Counsel submitted that the termination of the employment of the Claimant was done retrospectively and that such has no support in law, citing <i>Underwater Engineering Co. Limited v. Debefort (1995)6 NWLR (Pt. 400) 156. </i>According to learned Counsel, the Claimant was detained in January and later released; that she was prevented from resuming work even after the Police investigation cleared her and that she was not paid her salary from January when the incident occurred until the filing of this action in August of 2010 when the Defendant retrospectively terminated her employment and paid her. According to Counsel the failure of the Defendant to pay Claimant's salary as at when due rather than respectively constitutes a breach of agreement between the parties for which the Claimant seeks redress and urged the Court to so hold.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">On whether the dismissal of the Claimant from her employment amounts to wrongful dismissal, learned Counsel submitted that it is; that no ;aw supports retrospective termination of employment, citing <i>Underwater Engineering Co. Limited v. Dubefort (supra). </i>Learned Counsel prayed the Court to hold the termination was wrongful and to award damages accordingly.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">On issue 3, Counsel submitted that the Claimant was entitled to refund of the sum of =N=72,000.00 deducted from her severance benefit; that by the evidence of <i>DW1, </i>housing loan was usually paid to confirmed staff in January to be deducted at the later part of the year and that even from <i>Exh. D6 </i>there is no evidence of payment of the said =N=72,000.00 to the Claimant. Counsel urged the Court to find in favour of the Claimant by ordering the payment back to the Claimant the sum deducted together with the sum of =N=1,500,000.00 as special and general damages. On 10/10/16, learned Counsel to the Defendant filed a 5-page reply address on points of law.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">7. Decision<o:p></o:p></span></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">I have read and understood all the processes filed by learned Counsel on either side. I listened with attention to the oral testimonies of all the witnesses called at trial as well as to the oral submissions of Counsel. In addition to all this, I evaluated all the exhibits tendered and admitted in this case by either side. Having done all this, I simply narrow the issue for the just determination of this case to be 2 as follows -<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. Whether the employment of the Claimant was wrongfully terminated by the Defendant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">2. Whether the Claimant has proved her case to be entitled any or all the reliefs sought.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">In an action for wrongful termination of employment, especially in a master/servant relationship as in the instant case, the Claimant has the burden of putting forward to the Court the terms and conditions of his employment and stating how the said terms and conditions were breached. See <i>Akiola & Ors. v. Lafarge Cement WAPCO Nigeria Plc (2015) LPELR-24630 (CA).</i> <i>Exh. D1 </i>is the <i>Offer of Employment </i>of the Claimant. This exhibit also makes reference to <i>Employee Handbook </i>tendered and admitted and marked as <i>Exh. D3.</i> Now, by <i>Exh. D1, </i>the employment of a confirmed staff may be terminated by giving one month notice or in alternative payment of one month salary in lieu. There is a consensus among parties that the employment of the Claimant was terminated. The issue in contention is whether the termination was wrongful or not. The Court will hold termination of employment of an employee wrongful where there is failure on the part of the employer to comply with the terms of engagement. <i>Exh. C1</i> attests to the fact that the Clamant was a confirmed employee of the Defendant. Now, did the Defendant comply with the terms and conditions respecting termination of employment of its staff? <i>Exh. D6 </i>is the letter of termination of employment issued to the Claimant. That exhibit did not indicate that the Claimant was given a one month notice. It however indicated that the Claimant was paid a one month salary in lieu of the said notice. The Claimant did not contest the content of <i>Exh. D6. </i>Indeed the exhibit was admitted at trial without objection by the Claimant. These facts were not in any way contested or challenged at trial. The law is trite that where evidence of a witness is not inadmissible in law and is uncontradicted as in the instance case, a Court of law can act on it and accept it as a true version of the case he seeks to support. See <i>Obute v. Abdulkareem (2014) LPELR-23971 (CA). </i>I therefore find and hold that in terminating the employment of the Claimant the Defendant complied with the binding contractual terms and conditions. I further find and hold that the termination of the employment of the Claimant by the Defendant is not wrongful same having been in compliance with terms and conditions of contract of employment entered into by the parties.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><i><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></i></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">On issue 2 slated for determination, the law remains trite that the burden of proof in all civil causes and matters is always on the party seeking reliefs from Court to discharge. See <i>Idoniboye Obu v. NNPC</i> (Supra), <i>Nig. gas Co. Limited v. Dudusola (2005) 18 NWLR (Pt.957) 292</i>, <i>Okomu Oil Palm Co. Limited v. Ise Rhen-Rhen (2001) 6 NWLR (Pt.710) 600 & Ziidel v. R.S.C.S.C. (2007) 3 NWLR (Pt.1022) 544 SC</i>. See also <i>Ahmed v. ABU & Anor. (2016) LPELR. </i>This is beautifully expressed as he who asserts must prove. The requirement for proof must always be by credible and cogent evidence<b>. </b>Has the Claimant led cogent and credible evidence in proof of her claims or any of them? The first relief sought by the Claimant is for a declaration that the purported termination of the Claimant’s appointment by the Defendant in the circumstances of this case is mala fide, wrongful, unlawful and unjust. I have already found and held in this Judgment that the said termination of employment of the Claimant by the Defendant is not wrongful. Thus, for the reasons as contained in this Judgment this declaration is refused and dismissed.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The second relief is for a declaration that the arrest and detention of the Claimant on the instruction of the Defendant in connection with the alleged missing money in 2009 is unlawful, unjust and illegal. The available evidence before me is to the effect that the Defendant lodged a compliant with the Nigeria Police Force respecting some missing sums of money in which the Claimant was involved. I find no evidence that the Defendant arrested, engineered or masterminded the arrest of the Claimant. It appears to me to be trite that it is a civic duty of every citizen and resident of a country to report or lodge complaints bordering on commission of crime or likely commission of crime with the law enforcement authorities of which the Nigeria Police Force is one. See <i>Fajemirokun v. CB. Nigeria Limited (2009) 5 NWLR (Pt. 1135) 588 at 600 & Ezeugo v. Agim (2015) LPELR-24572 (CA). </i>Once that is done it is left to the law enforcement authority in the instant case the Nigeria Police Force to determine whether or not to arrest and who to arrest and detain if the need be. I find no credible evidence led respecting this head of claim. I therefore refuse and dismiss same accordingly.<i><o:p></o:p></i></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The third and forth reliefs are for a declaration that the missing money in this suit, to wit, the sum of =N=207,210.00 (Two Hundred and Seven Thousand, Two Hundred and Ten Naira) is not attributable to the Claimant as no ascertainable blameworthy act was found against her nor has a court of law found her liable or guilty of the said missing money and refund of the sum of =N=103, 000.00 (One Hundred and Three Thousand Naira) being part of the missing money she was compelled under duress to pay at the instance of the Defendant at Alausa Police Station, Ikeja respectively. Again, these reliefs are intertwined with relief 2. The available evidence before me, even as tendered by the Claimant, does not support the granting of these reliefs. I have no hesitation in refusing and dismissing the two reliefs according for lack of cogent, credible and admissible evidence. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Relief 5 is for payment of the sum of =N=260,000.00 (Two Hundred and Sixty Thousand Naira) to the Claimant, being amount due for the period of January, 2010 to August 2010 at the monthly salary of =N=32,500.00 (Thirty Two Thousand, Five Hundred Naira). It is obvious that this relief has indeed been overtaken by event. This action was filed on 21/2/13. Meanwhile as far back as 26/8/10, by <i>Exh. C5, </i>the Defendant had through its Solicitors communicated the termination of the employment of the Claimant to Claimant's Solicitors, calculated and attached a GT Bank Cheque No:26480532 in the sum of =N=275,488.00 as representing the entitlement of the Claimant. Claimant did not deny receipt of the Cheque. Claimant did not inform the Court that she returned the Cheque to the Defendant. Claimant also did not inform the Court that the value on the cheque was not paid by the Defendant's Bank when presented. I need to add that although the Claimant by her claim asserted that his monthly salary while with the Defendant was =N=32,500.00, there is no evidence tendered to support that assertion. It is therefore not a surprise to note that even when the Defendant paid the Claimant on the basis of =N=27,936.00 as his monthly salary there was neither a contest or challenge to this. There is therefore no basis upon which this relief may be granted. It is refused and dismissed.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The Claimant also sought payment of the sum of =N=72,000.00 (Seventy Two Thousand Naira) being the yearly allowance upfront payment due to the Claimant for the year 2010, but which was never paid to her but deducted by the Defendant from their purported calculated benefits accruing to the Claimant. The assertion of the Defendant is that the Claimant was paid the sum of =N=72,000.00 as Housing Loan and that it was paid in January of every year. Claimant stated that she was not so paid. Now. by the accepted rule of proof in civil matters, the Defendant who claimed to have paid the said loan to the Claimant has the burden of proving same. This could be done by tendering the cheque it used in making payment to the Claimant as was done respecting the payment of the terminal benefits of the Claimant. On the other hand the Defendant could have produced copy of the payment voucher or even pay slip of the Claimant evidencing payment of the said sum to her. I find no such evidence in this case. I find and hold that the Claimant was not paid the sum of =N=72,000.00 deducted from her terminal benefit. I thus direct and order the Defendant to pay to the Claimant the sum of Seventy Two Thousand Naira (=N=72,000.00) being the sum deducted from the terminal entitlement of the Claimant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The Claimant also sought payment of the sum of =N=l,500,000.00 (One Million, Five Hundred Thousand Naira) as special damages and general damages in the sum of =N=10,000,000.00 (Ten Million Naira) for wrongful termination of employment and imputation of criminality and criminal conduct against the Claimant. It is apparent that the claim for damages in the instant case is based on alleged wrongful termination of employment and imputation of criminality. I have noted in this Judgment that the termination of the employment of the Claimant by the Defendant was not wrongful. I have also in the same manner found and held that it is the civic responsibility to report commission of crime or likely commission of crime and that it is at that point left to the law enforcement authorities to determine the next line of action. I find no imputation of crime by the Defendant against the Claimant by the facts of this case. I therefore refuse and dismiss the claims both for special damages and general damages there being no basis for the award of either of them within facts and evidence led in this case.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Finally, for the avoidance of doubt and for all the reasons as contained in this Judgment, <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. I refuse and dismiss the claim for a declaration that the arrest and detention of the Claimant on the instruction of the Defendant in connection with the alleged missing money in 2009 is unlawful, unjust and illegal.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">2. I refuse and dismiss the claim for payment of the sum of =N=260,000.00 (Two Hundred and Sixty Thousand Naira) to the Claimant, being amount due for the period of January, 2010 to August 2010 at the monthly salary of =N=32,500.00 (Thirty Two Thousand, Five Hundred Naira).<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">3. I direct and order the Defendant to pay to the Claimant the sum of Seventy Two Thousand Naira (=N=72,000.00) being the sum deducted from the terminal entitlement of the Claimant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">4. I refuse and dismiss the claims both for special damages and general damages there being no basis for the award of either of them within facts and evidence led in this case.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">5. I award cost in the sum of =N=20,000.00 in favour of the Claimant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">6. All the terms of this Judgment shall be complied with within 30 days from today.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Judgment is entered accordingly.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoListParagraphCxSpFirst" align="center" style="margin-left:0in; mso-add-space:auto;text-align:center"><span style="font-size:12.5pt;line-height: 115%;font-family:"Times New Roman","serif"">____________________<o:p></o:p></span></p> <p class="MsoListParagraphCxSpLast" align="center" style="margin:0in;margin-bottom: .0001pt;mso-add-space:auto;text-align:center;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Hon. Justice J. D. Peters<o:p></o:p></span></p> <p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt; text-align:center;line-height:normal"><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">Presiding Judge<o:p></o:p></span></p> <p class="MsoNormal"><span style="font-size:12.5pt;line-height:115%;font-family: "Times New Roman","serif""> </span></p> <p class="MsoNormal"><span style="font-size:12.5pt;line-height:115%;font-family: "Times New Roman","serif""> </span></p> <p class="MsoNormal"><span style="font-size:12.5pt;line-height:115%;font-family: "Times New Roman","serif""> </span></p> <p class="MsoNormal"><span style="font-size:12.5pt;line-height:115%;font-family: "Times New Roman","serif""> </span></p>