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JUDGMENT 1. Introduction & Claims The Claimant in this suit approached this Court via his General Form of Complaint dated 19/6/13. With the leave of Court, Claimant amended his originating processes on 30/1/18 and sought the following reliefs - 1. An order directing the Defendant to pay to the Claimant all outstanding pension from September 2002 to May 2012, the sum of Six Hundred and Eighty Four Thousand Naira (=N=684,000.00) only, transfer allowance in the sum of One Hundred and Fifty Three Thousand Naira (=N=153,000.00), Gratuity allowance in the sum of Six Hundred and Sixty Five Thousand Naira (=N=665,000.00) and other sum due to the Claimant. 2. An order directing Defendant to pay interest on all the sums found due to the Claimant from the Defendant at the rate of 22% percent per annum or such other applicable commercial rates for short term loans from the date same was due until judgment is delivered and thereafter at the applicable statutory rates until payment of the Judgment debt is made by the Defendant. 3. An order compelling the Defendant to pay the Claimant the sum of =N=3,000,000.00 (Three Million Naira) as general damages for wrongful withholding the monies and entitlement of the Claimant and thereby causing untoward financial and emotional anguish to the Claimant. 4. The sum of =N=500,000.00 (Five Hundred Thousand Naira only) as cost of the action. Claimant's originating processes were supported by statement of facts, witness deposition, list of witnesses, list and copies of documents to be relied on at trial. Despite evidence of service of originating processes and hearing notices, the Defendant only filed a statement of defence and other defence processes on 15/10/15 when this matter was slated for adoption of final written addresses. The Defendant denied liability. 2. Case of the Claimant The Claimant opened his case on 15/1/14 and testified as CW1. Claimant adopted his witness deposition dated 19/6/13 as his evidence in chief and tendered 8 documents as exhibits. The documents were admitted in evidence and marked as Exh. CW1-Exh. CW8 respectively. On 10/4/18 the Claimant was recalled to adopt his additional statement on oath made on30/1/18 as his additional evidence in chief. Claimant further tendered 6 additional documents as exhibits. The documents were admitted in evidence and marked as Exh. CW9-Exh. CW14 respectively. Under cross examination, the witness stated that he resigned from the Defendant effective from 31/5/15; that his letter of resignation was dated 3/5/15; that he was employed by Defendant in 2002, placed on probation and his employment confirmed; that he was a permanent staff of Defendant; that he could not recollect his salary at the time of his resignation; that he was at the Lagos office of Defendant working as at 14/1/10; that he was transferred to Lagos in 2007; that provision for gratuity was not in his letter of employment but in the Employee Manual; that he could not lay his hands on the Employee Manual at the time of filing his case but that he now has it; that he arrived at the figure claimed for his gratuity based on his own calculation; that deductions were made on monthly basis for pensions from his salary and that he worked for about 8 years with the Defendant. The case of the Claimant as revealed from his evidence in chief and exhibit tendered is that he was employed by the Defendant as a Courier by a letter dated 16/9/02; that his appointment was confirmed; that he was later promoted to the position of Operations Supervisor; that he was transferred by a letter dated 14/1/10 containing a condition that he would be paid the sum of =N=153,000.00 as transfer allowance; that the Defendant deducted pensions from his salary but failed to remit same to his pension fund administrator and that when he resigned his employment, the Defendant failed to pay his gratuity having worked for close to 10 years with the Defendant. Notwithstanding the several opportunities afforded the Defendant to open its case, it did not do so. 3. Submissions of learned Counsel On 10/7/18, the Defendant having failed to open its case, case of the Defendant was closed and matter adjourned for the parties to file their final written addresses for adoption. The Defendant did not file any final written address. Learned Counsel to the Claimant filed a final written address on 11/9/18. In it, learned Counsel set down a lone issue for the just determination of this case as follows - has the Claimant satisfactorily proved his case and whether on the strength of the evidence before this Honourable Court he is so entitled to the reliefs sought. Arguing this lone issue, learned Counsel submitted referring to Exh. CW1 that the Defendant did not disprove or deny the entitlement of the Claimant to the sum of =N=153,000.00 claimed as transfer allowance; that there is evidence to the effect that the Defendant deducted but failed to remit pensions to the pension funds administrator of the Claimant referring to Exh. CW9. Counsel further submitted that failure of the Defendant to cross examine the witness on material facts means an admission citing Gaji v. PAYE (2003)8 NWLR (Pt. 823) 538. Respecting the claim for gratuity, Counsel submitted that it is obvious from the evidence adduced that the Claimant worked from 16/9/02 to 31/5/10 citing Exh. CW5, CW3, CW10, & Cw11. Counsel urged the Court to so hold. Counsel added further that the Claimant is entitled to general damages of =N=3,000,000.00 as sought. Learned Counsel prayed the Court to grant all the reliefs sought by the Claimant. 4. Decision I have and understood all the processes filed by the Claimant in this case. I hear the testimony of the sole witness in this case and watched his demeanor. I heard the oral submissions of learned Counsel to the Claimant at the point of adopting his final written address in this case. Finally, I carefully and patiently evaluated all the exhibits tendered and admitted at trial. Having done all this, I set down a lone issue as follows for the jut determination of this case - Whether the Claimant has adduced sufficiently cogent and credible evidence in support of his case to be entitled to a grant of all or some of the reliefs sought. I had stated that the defendant in this case did not enter into its defence and hence did not challenge or controvert the case as canvassed by the Claimant. Although it filed a statement of defence, the Defendant did not attend trial notwithstanding several opportunities for it to do so. Notwithstanding this fact, the burden of proof has not thereby shifted from the Claimant to the Defendant. The law is trite that the burden of proof is on he who asserts to discharge. This burden is discharged either by oral or documentary evidence or even by both. The proof required is on the preponderance of evidence. It is only in situations of clear and unambiguous admission that the need for proof is dispensed with. The law is trite, and Ogunyade v. Oshunkeye (2007)15 NWLR (Pt. 1057) 218 is a good authority, that where evidence given by a party to any proceedings was not challenged by the opposite party who had the opportunity to do so, it is always open to the court seised of the proceedings to act on the unchallenged evidence before it. Such unchallenged evidence must however be cogent and strong enough to sustain the case of the claimant, see Ogoejeofo v. Ogoejeofo (2006) LPELR-2308 (SC). Claimant sought 5 reliefs from the Court. The reliefs sought by the Claimant are essentially 4 in all. The first is for an order directing the Defendant to pay to the Claimant all outstanding pension from September 2002 to May 2012, the sum of Six Hundred and Eighty Four Thousand Naira (=N=684,000.00) only, transfer allowance in the sum of One Hundred and Fifty Three Thousand Naira (=N=153,000.00), Gratuity allowance in the sum of Six Hundred and Sixty Five Thousand Naira (=N=665,000.00) and other sum due to the Claimant. This relief contains 3 main claims. The first is claim for outstanding pension from September 2002 to May 2012 in the sum of =N=684,000.00. In support of this claim, Claimant testified in chief to the effect that every month certain amount of money was deducted from his salary as pension but that same was never remitted to his pension Managers - NLPC Pension and Fund Administrators Limited. Claimant tendered Exh. CW9 - his pay slips showing deductions made for pensions monthly. Claimant also tendered Exh. CW2 - Retirement Savings Account (RSA) Registration Form. The national legislation on pension requires that every employee would open a Retirement Savings Account (See Section 11,(1), Pension Reform Act, 2014) with a Pension Fund Administrator. It is into that retirement savings account that every employer of labour is mandated to remit pension deduction. See Section 11(3), Pension Reform Act, 2014). There is no evidence before me showing that the Claimant has a retirement savings account with any pension fund administrator. Indeed Exh. CW2 is just a mere Registration Form. Unfortunately, that exhibit has no identification or personal number of an account with the pension fund administrator. The Claimant ought to provide and show the Court the statement of account of his retirement savings account with evidence of non remittance of same by the Defendant to his chosen Pension Funds Administrator. I find no credible and cogent evidence led in proof of this claim. I therefore refuse and dismiss same. The second claim under this head is transfer allowance in the sum of =N=153, 000.00. To further support his assertion in pleadings, the Claimant tendered Exh. CW1. That exhibit was a letter of transfer dated 14/1/10 written by the Defendant to the Claimant. In it, the Defendant had stated the transfer allowance of the Claimant was in the sum of =N=153,000.00. There is no evidence before me showing that this amount was ever paid to the Claimant. Exh. CW1 is a clear and unambiguous admission of the facts stated in it. Being an admission therefore, the contents require no further proof. The Defendant is ordered to pay to the Claimant the sum of =N=153,000.00 being the transfer allowance admitted by the Defendant as due to the Claimant by Exh. CW1. The third claim under the first head of relief is Gratuity allowance in the sum of Six Hundred and Sixty Five Thousand Naira (=N=665,000.00) and other sum due to the Claimant. I find unchallenged evidence to the effect that the Claimant worked with the Defendant from 16/9/02 to 31/5/10. The averments of the Claimant in pleadings were supported by the offer of employment (Exh. CW12), confirmation of employment (Exh. CW13) and the letter of resignation of employment by the Claimant (Exh. CW3). I find Exh. CW10 particularly paragraph 7.8.2(ii) thereof. The evidence of the Claimant remained unchallenged and uncontroverted by the Defendant. The law is trite that in situation as this, the Court is at liberty to place reliance on such evidence. See Omoregbe v Lawani (1980) 3 - 4 SC 108 at 117; Nzeribe v Dave Engineering Co. Ltd (1994) & NWLR (Pt.351) 124 at 137. I find and hold that the Claimant is entitled to this claim. The Defendant is therefore ordered to pay to the Claimant the sum of =N=665,000.00 as his gratuity allowance. The Claimant also sought an order directing Defendant to pay interest on all the sums found due to the Claimant from the Defendant at the rate of 22% percent per annum or such other applicable commercial rates for short term loans from the date same was due until judgment is delivered and thereafter at the applicable statutory rates until payment of the Judgment debt is made by the Defendant. In relation to pre-judgment interest, N.M.B. Ltd v. Aiyedun In. Ltd (1998)2 NWLR (Pt. 537) 221 is a good authority for the proposition that the law treats the holder of such funds as a borrower of it on which interest must be paid. With regard to post-judgment interest monetary judgment attracts interest even where none is claimed, see Diamond Bank Ltd v. P.I.C. Ltd (2009)18 NWLR (Pt. 1172) 67. In any event award of post-judgment interest is sanctioned by the Rules of this Court. See Order 47 Rule 7, National Industrial Court of Nigeria (Civil Procedure) Rules, 2017. I thus hold that the Judgment sum awarded in this case shall attract 10% interest from 31/5/10 until the entire sum is fully paid. Claimant also sought an order compelling the Defendant to pay the Claimant the sum of =N=3,000,000.00 (Three Million Naira) as general damages for wrongful withholding the monies and entitlement of the Claimant and thereby causing untoward financial and emotional anguish to the Claimant. This Court has already found for the Claimant and ordered the Defendant to pay to him what ought to have been so paid. Aside from the averments of the Claimant in his statement on oath, nothing else was said or evidence led at trial in support of this head of claim. Part of the assertion of the Claimant was that by wit holding his terminal entitlement the Defendant hindered his desire to pursue a postgraduate study. Yet there was no evidence of admission to study for a postgraduate degree. Not even a letter of admission from the institution of higher learning concerned. I refuse this claim not having found credible evidence in support of same. Finally, the Claimant sought payment to him of the sum of =N=500,000.00 (Five Hundred Thousand Naira only) as cost of the action. No evidence was led at trial in support of the amount claimed as cost of this action. Notwithstanding this obvious fact, the law is trite that cost follows events The need for this action would not have arisen in the first place had Claimant been paid his due by the Defendant. This action was commenced on 19/6/13. That is well over five years ago. I note the diverse processes filed and the length of time as well as expenses involved. Cognizance of these facts, the Defendant is ordered to pay to the Claimant the sum of =N=100,000.00. as cost of this action. Finally, for the avoidance of doubt and for all the reasons as stated in this Judgment, the case of the Claimant succeeds in part as follows, 1. The Defendant is ordered to pay to the Claimant the sum of =N=153,000.00 being the transfer allowance admitted by the Defendant as due to the Claimant by Exh. CW1. 2. The Defendant is ordered to pay to the Claimant the sum of =N=665,000.00 as his gratuity allowance. 3. The judgment sum awarded in this case shall attract 10% interest per annum from 31/5/10 until the entire sum is fully paid. 4. The Defendant is ordered to pay to the Claimant the sum of =N=100,000.00 as cost of this action. All the terms of this Judgment shall be complied within 30 days from today. Judgment is entered accordingly. ____________________ Hon. Justice J.D. Peters Presiding Judge