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JUDGMENT Introduction and claims The claimant filed this complaint on the 16th January 2014 seeking the following reliefs against the defendants jointly and severally: (a) An Order of this Honourable Court compelling the defendants to pay the claimant the sum of N10,090,000.00 (Ten Million and Ninety Thousand Naira) being outstanding entitlements, owed the claimant as follows: i. UNPAID SIGN-ON FEES a. Balance unpaid for the 2008/2009 session N2,100,000.00 b. Balance unpaid for the 2009/2010 session N7,000,000.00 ii. UNPAID BONUS a. 2008/2009 Unpaid Bonus ? 13 Home Win @ N20,000.00 each N260,000.00 ? 1 Away Win @ N40,000.00 each N40,000.00 ? 4 Away Draws @ N20,000.00 each N80,000,00 ? Expected Unpaid Bonus N380,000.00 b. 2009/2010 Unpaid Bonus ? 7 Home Win @ N20,000.00 each N140,000.00 ? 1 Away draw @ N20,000.00 each N20,000.00 ? Expected unpaid bonus N160,000.00 iii. UNPAID SALARY (2009/2010) a. Jan, Feb, March @ N150,000.00 per month N450,000.00 Total Outstanding Entitlements N10,090,000.00 (b) AN ORDER for N10,000,000.00 (Ten Million Naira) damages against the defendant. Accompanying the complaint is the statement of facts, the claimant’s statement on oath and copies of documents to be relied upon. The defendants entered appearance and filed a Notice of Preliminary Objection challenging the jurisdiction of the Court to entertain the matter. In a considered Ruling delivered on 29th November 2016, the Objection was dismissed. The defendants thereafter filed their statement of defence, witness statement on oath and copies of documents on 20th July 2017. The matter then proceeded to trial. Case of the claimant The case of the claimant on the pleadings is that he is a footballer, coach and a sport administrator. He stated that the 1st defendant is the owner and manager of the 2nd defendant. The claimant averred that on 1st June, 2008 he secured a contract as Assistant Coach with the 1st defendant to help in training up-coming football stars and capacity building for professional footballers. The claimant averred that by the terms of the contract as contained in his offer letter dated 1st June, 2008 he is to be paid N3,000,000.00 (Three Million Naira) as sign on fee and that 50% of the sign on fees would be paid as first installment while the balance will be paid as final installment. The claimant stated that after the contract was sealed, he was paid an initial N900,000.00 (Nine Hundred Thousand Naira) leaving a balance of N2,100,000.00 (Two Million, One Hundred Thousand Naira). The claimant averred that the club agreed to pay the sum of N150,000.00 (One Hundred and Fifty Thousand Naira) as his monthly salary and the following as bonus: Home Win N20,000.00 (Twenty Thousand Naira), Away Win N40,000.00 (Forty Thousand Naira), Away Draw N10,000.00 (Ten Thousand Naira). The claimant stated that it was agreed that where his contract is terminated before the end of the season, he will lose 20% of the balance of whatever part of the sign-on-fees. The claimant stated that upon the expiration of the first contract, they entered into a second contract where he was appointed the chief coach of the 2nd defendant by letter dated 16th September, 2009. The claimant averred that the club agreed to him pay the sum of N7,000,000.00 (Seven Million Naira) representing sign on fees; 50% to be paid as first instalment while the balance 50% will be paid as final instalment. He stated that the club also agreed to pay him the sum of N150,000.00 (One Hundred and Fifty Thousand Naira) as monthly salary and to pay him bonus as follows: Home Win N20,000.00 (Twenty Thousand Naira), Away Win N40,000.00 (Forty Thousand Naira), Away Draw N20,000.00 (Twenty Thousand Naira). That it was agreed that where the Chief Coach’s contract is terminated before the end of the season, the Coach will lose 20% of the balance whatever part of the sign on-fees at that time. The claimant stated that he was not paid the sign-on fee as contained in the second contract. The claimant stated that on 22nd March, 2010 he received a letter from the 2nd defendant terminating the contract. That upon the receipt of the letter, he wrote to the 2nd defendant a letter dated 27th March, 2010 requesting that all his unpaid allowances be paid to him. The claimant stated that when he did not receive any response from the 2nd defendant, he wrote a further letter dated 21st April, 2010 and a letter of appeal dated 10th August, 2011 without response. The claimant stated that aside the letters requesting for all his outstanding entitlements to be paid to him, he has equally made several oral demands but till date the defendants have not acceded to his demand. The claimant avers that he subsequently instructed his Solicitors, West-Idahosa and Co to write a demand letter to the 2nd defendant and the 2nd defendant still refused to pay him his outstanding entitlements. The claimant stated that the attitude of the defendants have caused him and his dependants untold hardship and he has equally incurred more cost retaining the services of Solicitors which ordinarily ought to have been avoided had the defendants complied with the tenure of the contract they entered with him. The claimant avers till date, the defendants are still owing him the total sum of N10,090,000.00 as particularised in the pleadings. The claimant testified in support of his case. He adopted his statement on oath which was in the exact terms of the pleadings and relied on his admitted documents. The defendants failed to appear in court to cross examine the claimant and were foreclosed. Case of the defendants The case of the defendants on the pleadings is that the 1st defendant is the owner of the 2nd defendant. The defendants averred that by an agreement between the claimant and the 2nd defendant dated 1st of June 2008 the claimant was appointed as the Assistant Coach of the 2nd defendant and by a second agreement dated 16th September, 2009 he was appointed as the Chief Coach. The defendants stated that they have in no way refused to pay the claimant his outstanding entitlements and have neither treated him with disdain, contempt and scorn nor have they put up any attitude that have caused him and his defendants untold hardship. The defendants stated that the 2nd defendant is registered as a member of the Nigerian Football Federation and subject to laws and regulations governing the Management of Football in Nigeria, and that the claimant is bound by the laws and regulations of the Nigerian Football Federation, as a registered Coach. The defendants stated that the claimant is not an employee of the Ogun State Government and his name is not on the salary payroll of her employees. That the 1st defendant though the owner of the 2nd defendant cannot be held liable for the lapses of the 2nd defendant. The defendants further stated that salaries and wages of all public officers in the state are fixed by the National Salaries and Wages Commission. The defendants stated that the payment record of the 2nd defendant showed that the claimant is entitled to a total winning bonus of N540,000.00 only for the 2008/2009 and 2009/2010 league seasons and that only N210,000 was paid to the claimant. That at the time of the termination of the claimant’s employment, the sum of N7,000,000.00 only, being sign-on fee for the 2009/2010 league season was yet to be paid. The defendant’s stated that since the claimant’s termination came at mid-season, he is only entitled to sign on fee less 20% which is N3,600,000.00 only. That as a result of the above, the balance unpaid on his sign on fee amounts to N7,700,000.00 only, for the two seasons: 2008/2009 season - N2,100,000.00, 2009/2010 season - N3,600,000.00. The defendants stated that the claimant’s unpaid salary as at the time of his termination of his contract in February, 2010 was N150,000.00 and that the amount due to the claimant is broken down as follows: balance of unpaid winning bonus - N540,000,000; balance of unpaid sign-on fee - N7,700,000.00; unpaid salary February 2010 - N150,000.00. The 2nd defendant therefore stated that contrary to the claims of the claimant, the total amount due to him is N8,390,000.00. The defendants called Anthony Olaniyi Soleye (DW) Team Manager. He adopted his statement on oath and relied on the claimant’s admitted documents. He informed the court that they would like to meet with the claimant to settle the matter. Under cross examination, DW told the court that some of the claimant’s entitlements were paid but that he has not been fully paid. DW told the court that the defendants owe the claimant about N7 Million but said he was not sure of the exact amount outstanding. DW confirmed that the claimant is owed bonuses and he informed the court that the 1st defendant is the owner of the 2nd defendant. DW stated the court that the 2nd defendant receives subvention from the 1st defendant and money from sponsors. He stated that the role of the 1st defendant is to support the 2nd defendant and that some of the properties of the 2nd defendant belong to the 1st defendant. DW told the court that the salaries of employees of the 2nd defendant are not paid by the 1st defendant. DW told the court that the 2nd defendant is to pay the claimant from funds received from sponsors and subvention. The defendants then closed their case. Final address The defendant’s final address is dated 12th January 2018 and filed the same day. The claimant’s final address is dated 2nd February 2018 and filed the same day. Counsel adopted their respective final addresses. Learned counsel to the defendant submitted one issue for determination as follows: Whether the claimant is entitled to the claims in his complaint. Learned counsel to the claimant submitted three issues for determination as follows: (i) Whether the claimant is entitled to the sum of N8,690,000.00 (Eight Million, Six Hundred and Ninety Thousand Naira) as against the admitted sum of N8,390,000.00 (Eight Million, Three Hundred and Ninety Thousand Naira)? (ii) Whether the 1st defendant is liable to the sum of N8,390,000.00 (Eight Million, Three Hundred and Ninety Thousand Naira) as admitted by the 2nd defendant? (iii) Whether the claimant is entitled to damages? Decision I have carefully considered all the processes filed, the evidence led, the written submissions, arguments and authorities canvassed by counsel in the final addresses. The issue for determination is whether on the pleadings and evidence, the claimant ought to be entitled to judgement. The law is settled that the burden of proof of establishing the terms of the contract of employment is on the claimant who wants judgement to be entered in his favour. The claimant as required has put in evidence his employment contracts (exhibits C1 & C2), the letter of termination (exhibit C3), his letters of demand (exhibits C4 to C7). The claimant asserts that the defendants owe him a total sum of N10,090,000.00 (Ten Million, Ninety Thousand Naira) being outstanding sign on fees, unpaid bonuses and salaries. Once a party asserts, he must prove the assertion. See section 131 (1) & (2) of the Evidence Act 2011, Elegushi v Oseni [2005] 14 NWLR (Pt 945) 348. In proof of this, the claimant has relied on his employment contracts (exhibits C1 & C2), and on his letters of demand to the defendants. It is trite law that where a party fails to respond to a business letter by which the nature of its contents requires a response or a refutal of some sorts, the party will be deemed to have admitted the contents of the letter. See Naegbu Company Ltd V Unity Bank Plc [2013] All FWLR (Pt 698) 871 at 904. The defendants never bothered to respond or react to the claimant’s letters of demand nor to the letter written by his Solicitor. I find that the claimant’s evidence is unchallenged. The burden of proof in civil cases is on the balance of probabilities. It is not static but shifts from side to side. The onus of adducing further evidence is on the person who will fail if such evidence is not adduced. See Nigeria Maritime Services Ltd V Afolabi [1978] 2 SC 79. The evidential burden has shifted to the defendants. The defendants at the trial chose to rely on the claimant’s documents. In their pleadings and evidence, they admitted that they are indebted to the claimant in the sum of N8,390,000.00 (Eight Million, Three Hundred and Ninety Thousand Naira). The position of the law is that facts admitted need not be proved. See Sunday Adegbite V Adegboro & Ors [2011] LPELR-3133 where the Supreme Court per Rhodes-Vivour JSC stated the position of the law as follows: Judicial admissions are conclusive. That is to say where a party agrees to a fact in issue, it is no longer necessary to prove that fact. In effect, after an admission no further dispute on the fact admitted should be entertained by the court. Having admitted the sum of N8,390,000.00, there is still a balance of N1,700,000.00 as claimed by the claimant. The defendants failed to place before the court the payment record of the claimant to enable a determination of whether the sum outstanding is N8,390,000.00 as claimed by the defendants. In the circumstances, the defendants have failed to discharge the shifted evidential burden. I believe the claimant’s evidence that the total sum due to him is N10,090,000.00 (Ten Million, Ninety Thousand Naira). This amount has been due to the claimant since 22nd March 2010 when the 2nd defendant terminated his appointment; and this is about eight (8) years. The claimant has made a claim for Ten Million (N10,000,000.00) as damages. Now, general damages are damages the law presumes to flow naturally from the wrong complained of and need not be proved specifically. See Amos V Idoko [2017] 1 NWLR (Pt 1547) 489, Dauda V Access Bank Plc [2017] 9 NWLR (Pt 1569) 31. There can be no doubt that the claimant has suffered from the denial of his emoluments for 8 years coupled with the loss of the Naira value. In the circumstances, it is my view that he is entitled to an award of damages pursuant to the provisions of Section 19 (d) of National Industrial Court Act. I hereby award the sum of N900,000.00 being the equivalent of six (6) months salary as general damages. For all the reasons given above, the claimant’s case succeeds. The defendants are hereby ordered to pay to the claimant the sum of N10,090,000.00 (Ten Million, Ninety Thousand Naira) being his outstanding emoluments, and general damages in the sum of N900,000.00 (Nine Hundred Thousand Naira) within 30 days from the date of this judgement. Thereafter, the judgement sum shall attract interest at the rate of 10% per annum till it is liquidated. Costs of N100,000.00 awarded the claimant. Judgement is entered accordingly. _____________________________ Hon Justice O.A.Obaseki-Osaghae