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JUDGMENT Introduction and claims The claimant filed this complaint against the defendant on the 21st April 2016 seeking the following reliefs: 1. The sum of US$1,937,462 (One Million, Nine Hundred and Thirty Seven Thousand, Four Hundred and Sixty Two United States of American Dollars) and the sum of N16,500,000.00 (Sixteen Million, Five Hundred Thousand Naira) being the claimant’s outstanding salaries, allowances, entitlements, commissions and emoluments at the time of the termination of the claimant’s employment with interests at the rate of 21% per annum from October 2014 until the date of judgment and thereafter at the rate of 10% per annum until final liquidation. 2. General and Punitive Damages in the sum of N500,000,000.00 (Five Hundred Million naira). Accompanying the complaint is the statement of facts, claimant’s deposition and copies of documents. The defendant entered appearance and filed its statement of defence together with the accompanying documents on the 11th July 2016. The claimant filed a reply on the 19th July 2016. Case of the claimant The case of the claimant on the pleadings is that she was an employee of the defendant until the 30th day of August 2014 when her contract of employment was unilaterally terminated through the defendant’s email of 30th June, 2014 and circulated to its staff. The claimant averred that the defendant appointed her as its Group Commercial Director on the 1st day of January, 2013 and subsequently nominated her as its representative on the Board of Principia Engineering Nigeria Ltd on the 6th of June 2013. The claimant averred that she carried out her duties diligently in the dual capacities until her arbitrary and sudden termination without notice and she worked assiduously in establishing the structure of the PAI Group and positioning it in the Nigerian market as a front-line player. The claimant stated that by her letter of appointment, she was entitled to three months’ salary in lieu of notice, and by her contract of employment she was also entitled to the following outstanding salaries, allowances, commissions and terminal benefits: OUTSTANDING PAYMENTS Description US$ Amount N Amount Outstanding Salary 120,000.00 Outstanding Local Allowance 1,000,000.00 Outstanding Travel Allowance 20,000.00 Outstanding Leave Allowance 48,000.00 Outstanding Housing Allowance 5,000,000.00 Outstanding Medical Bills 12,462.00 Outstanding Transportation Allowance 4,500,000.00 Outstanding Director’s Monthly Fee 150,000.00 Balance on Consultancy Fee 37,000.00 TOTAL US$387,462.00 N10,500,000.00 ENTITLEMENTS AND COMPENSATION Description Month 1 (Aug 30, 2014) Month 2 (Sept 30, 2014) Month 3 (Oct 30, 2014) Summary Salary in lieu of notice US$20,000.00 US$20,000.00 US$20,000.00 US$60,000.00 Allowance in lieu of notice N500,000.00 N500,000.00 N500,000.00 N1,500,000.00 Gross Compensation US$60,000.00 N1,500,000.00 US$60,000.00 N1,500,000.00 US$60,000.00 N1,500,000.00 US$180,000.00 N4,500,000.00 TOTAL US$240,000.00 N6,000,000.00 OUTSTANDING COMMISSIONS Project Value Per% US$ OSO QIT US$500,000,000.00 0.192 960,000.00 Brown Brommel 500,000.00 TOTAL US$1,460,000 The claimant stated that the defendant failed to pay her three months’ salary in lieu of Notice and her allowances, commissions and terminal benefits and by her letter dated the 5th day of September 2014 demanded for her entitlements calculated on the basis of the years she put in the service of the defendant and her employment contract. She stated that following her demand letter she and the defendant’s Chairman and alter-ego Mr. Iyke Ejizu met on various dates prior and after the 5th day of September, 2014 where the defendant agreed to pay the outstanding sum totalling USD$387,462.00 and N16,500,000.00 before the 19th day of September, 2014 but was only able to pay USD$150,000.00 by the 29th day of October, 2014. The claimant stated that she followed up the meetings with her letter dated 12th December, 2014 where she recapped the payment agreement reached at the various meetings and urged the defendant to abide by it. The claimant stated that her employment contract was to run from year to year on the same terms and conditions agreed by the parties until terminated by either party upon giving 3 months’ notice pursuant to clause 3 (a) of the said Employment letter. The claimant averred that her employment was subsisting at the time the defendant terminated it without notice. She stated that her leave was approved by the Board of Directors and she delegated duties before proceeding on leave but that the defendant used it as an excuse to unlawfully end her employment. That apart from the letter of 1st January 2013, her employment was regulated by agreements reached following her appointment into the board of Principa Engineering Nigeria Limited which were yet to be reduced into writing. She stated that the defendant failed to pay any fee for services rendered by her to Principa Engineering Nigeria Limited before she was terminated. That by paragraph 1 (a) of her letter of employment, the defendant agreed to pay her performance bonuses which included commissions on projects she attracted to the company or facilitated their execution. The claimant stated that after terminating her employment, the defendant computed her entitlements, unpaid allowances, commissions and performance bonuses and arrived at the same figure claimed by her and proposed to pay a lesser amount because it was experiencing poor business performance as contained in its letter dated 14th July 2015. The claimant stated that the agreement was further reduced into writing between parties in a document titled Terms Of Agreement dated the 26th day of June, 2015 but the defendant failed to execute the document and return same to her. The claimant stated that after the payment of USD$150,000.00, she made series of demands through written, personal cum phone calls but the defendant has refused to pay the outstanding sums. That following the defendant’s refusal to pay the outstanding sums her Solicitors by their letter dated the 29th day of February, 2016 wrote the defendant demanding the payment of the debt within 7 days or she would without further recourse to it proceed to Court to seek redress. The claimant stated that the defendant has refused and neglected to pay the said debt. The claimant testified and adopted her statements on oath. They were in the exact terms of the pleadings and she relied on her admitted documents. Under cross examination the claimant told the court that her appointment was terminated without notice and that there is no document showing notice was not given. The claimant told the court that her employment letter regulates her employment and that there were some amendments to it in a second letter that is not before the court. On being shown exhibit C1 she told the court that there is no fixed amount payable to her, and it does not state that she is entitled to local travel allowance but she is reimbursed. She told the court that exhibit C1 does not make provision for medical fees, Directors fees, consultancy fees, commission, compensation or terminal benefits. The claimant told the court that there is no document that shows that her contract is renewable yearly. She admitted that at the time her employment was terminated, there was no signed contract renewing her employment. The claimant told the court that there was no document to show that performance bonus was agreed, neither is there any document to show the jobs she brought to the defendant. She admitted that she had no approval to proceed on leave, and that the document appointing her as a Director of Principai Engineering Ltd was not before the court neither was her letter of acceptance of the position. The claimant told the court that the Payment Agreement is not before the court, and that the Terms of Settlement was not signed by the defendant. She admitted that she received the sum of $150,000.00 USD from the defendant and stated that it was not in full and final settlement of her claims. The claimant then closed her case. Case of the defendant The case of the defendant on the pleadings is that the claimant was its employee until 30th August, 2014 when her services were no longer required. The defendant stated that the claimant was its employee as its Group Commercial Director under a yearly renewable employment contract for a fixed term of 1 year which commenced on 1st January, 2013 and lapsed on 31st December, 2013. The defendant stated that the claimant is well educated and read through the terms and conditions as contained in her letter of appointment dated 1st January, 2013 and was satisfied with the content of same before she proceeded to append her signature thereon in agreement of all the said terms and conditions; including Clause 1D which provided that her term of employment contract is renewable yearly. The defendant stated that the claimant’s employment contract with it was never renewed after it lapsed on 31st December, 2013. The defendant averred that from 31st December, 2013 till the termination of the claimant’s services, the claimant was working and being paid on a monthly basis pending the renewal of her employment contract but same was never renewed even as the claimant in defiance of its laid down rules and policies, proceeded on a leave of absence without approval. The defendant averred that at the time the claimant’s employment/services was terminated, there was no valid employment contract regulating the relationship that existed between them as the initial employment contract agreement lapsed on 31st December, 2013 and was never renewed. The defendant stated that the claimant’s services from 1st January, 2014 till her services were terminated were not regulated by any employment contract consequent upon which she was not entitled to 3 months’ salary in lieu of notice, allowances, commissions and terminal benefits. The defendant stated that even if the claimant was entitled to 3 months’ salary in lieu of notice in the sum of $60,000 (being $20,000 per month), the defendant states that same comprises of the sum of $150,000 paid to the claimant in settlement of all her claims together with some extra as a good-faith gesture to her. The defendant further stated that the claimant is not entitled to the entitlements as computed in her letter dated 5th September, 2014 as her employment contract which lapsed on 31st December, 2013 did not provide for director's monthly fee, consultancy fee, commissions on any project/jobs carried out by her while in the defendant’s employment, allowance in lieu of notice, gross compensation, local allowance and transportation allowance and the said contract was never renewed. The defendant averred that all expenses (travel and others) incurred by the claimant on its behalf which were submitted by her in line with its policy and procedure before her employment lapsed on 31st December, 2013 and thereafter before her services were terminated were reimbursed to the claimant. The defendant stated that project OSO QIT has not been awarded to any client and the claimant had no particular input in its participation in bidding for the OSO QIT project and that Brown Brommel Limited is neither its project nor its client and as such there is no basis for the claimant to make any claims from it. The defendant further stated that the claimant is not entitled to leave allowance, housing allowance and medical allowance as her employment contract which lapsed on 31st December, 2013 and was never renewed did not provide for such allowances. That the claimant’s employment contract provided that it would provide approved airline travels for business to point of origin which shall be business class, approved rail travel which shall be first class, and provide medical cover for the claimant, her spouse and 4 dependants, locally with repatriation inclusive USA (Family BUPA Gold). The employment contract did not provided for paying the claimant allowances for any of these amenities. The defendant averred that there was no agreement to pay the sum of USD387,462 or any agreement in respect of payment relating to the termination of her employment. That after the letters written by the claimant demanding for claims which she could not substantiated, she requested for a meeting with the Chairman to discuss payment of a reasonable amount to her towards an amicable settlement of her claims and to further assist her after termination of her employment. The defendant stated that it was at this meeting that it was agreed that the sum of USD150,000.00 would be paid to the claimant by the defendant which payment has since been made. The defendant averred that it does not owe the claimant the sum of USD1,937,462 and N16,500,000 as outstanding salaries, allowances, entitlements, commissions and emoluments as at any date or any sum whatsoever because at the time the claimant’s employment/ services was terminated, there was no valid employment contract regulating the relationship that existed between them as the initial employment contract agreement lapsed on 31st December, 2013 and was never renewed. The Chairman of the defendant Iyke Ejize (DW) testified on behalf of the company. He adopted his statement on oath. It was in terms of the pleadings and he relied on the defendant’s admitted document. Under cross examination he told the court that the claimant’s contract was for a fixed term of one year, renewable every year. DW confirmed that the claimant began working for the defendant from January 2013 and that she is entitled to the things stated in the contract. DW said he expected the contract to end on the 31st day of December and that the word renewable is performance driven. He said claimant’s performance was below expectation. DW told the court that the claimant was also seconded to a subsidiary and given a letter of appointment but she left the company. He admitted that after the claimant’s employment contract had expired she was paid her monthly salaries and allowances she went on leave, until her appointment was terminated. DW informed the court that the claimant’s employment was terminated in accordance with the employment contract. DW confirmed that thereafter he had meetings with the claimant to settle outstanding terminal benefits and she put forward her expectations. He said there were conditions tied to the payments. DW told the court that he paid the claimant to the extent the defendant could afford and also made goodwill payments to her. DW denied signing exhibit C4. The defendant then closed its case. Final address The defendant’s final address is dated 27th October 2017 and is filed the same day. The claimant’s final address is dated 13th March 2018 and is filed the same day. Counsel adopted their respective final addresses. Learned counsel to the defendant submitted the following issues for determination: 1. Whether in the circumstances of this case, the claimant has sufficiently proved her claims against the defendant. 2. Whether the claimant is entitled to General and Punitive Damages in the sum of N500,000,000 (Five Hundred Million Naira) or any sum whatsoever against the defendant. He submitted that the burden of proof lies on the claimant relying on Section 135 of the Evidence Act, and further submitted that the claimant failed to place before the court sufficient evidence to prove that she is entitled to outstanding salaries, allowances, commissions and other emoluments to the tune of $1,937,462.00 USD and N16,500,000 as claimed or any sum whatsoever. It was learned counsel’s submission that there is no basis for the award of damages as the claimant has not suffered any wrong or loss at the instance of the defendant citing Borisade V NBN Ltd [2007] 1 NWLR (Pt 1015) 217 at 246 – 247. He then urged the court to dismiss the claimant’s claims with substantial costs. Learned counsel to the claimant submitted the following issues for determination: 1. Whether the termination of the claimant’s employment on August 30, 2014 was in accordance with Exhibit C1 (also Exhibit D1). 2. Whether the claimant is entitled to the monetary reliefs sought and general damages. He submitted that on the evidence adduced, the termination of the claimant’s employment was wrongful as the defendant failed to comply with the three months notice period. It was counsel’s submission that the defendant has admitted the facts pleaded by the claimant in its pleadings and has confirmed the fact of the claimant’s employment, payment of her salaries, termination of her appointment on 30th August 2014. He then urged the court to enter judgement in favour of the claimant having proved her case. 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 in this matter. The issues for determination in this judgement are: (i) whether on the pleadings and evidence the claimant is entitled to the sums of money she is claiming and damages. The claimant as required has put in evidence her letter of employment (exhibit C1), letters written by her to the Chairman of the defendant regarding her termination (exhibits C2, C3, C6, C7), Terms of Agreement (exhibit C4), letters of demand (exhibit C5). The claimant has made claims for outstanding emoluments with interests at the time of termination of her employment. 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 her favour. Once a party asserts, he/she must prove the assertion. See section 131 (1) & (2) of the Evidence Act 2011, Elegushi v Oseni [2005] 14 NWLR (Pt 945) 348. At this juncture, I will briefly state the relevant terms and conditions of the claimant’s employment contract as stated in her letter of employment (exhibit C1) to determine her entitlements. The commencement date as Group Commercial Director is 1st January 2013 on a monthly gross salary of $20,000 USD and Housing allowance of N5 Million per annum. The claimant’s employment is on a contract basis renewable yearly. She is to be reimbursed for all expenses incurred by her exclusively and necessarily in the course of her work. The defendant is to pay for approved airline travels for business to point of origin which shall be business class, approved rail travel which shall be first class and medical cover for the claimant, her spouse and 4 dependants locally with repatriation inclusive USA (Family BUPA Gold). The flight budget is to be $15,000USD annually. Either party may terminate the employment by giving three months notice in writing. The claimant’s employment was for a fixed term of one year. By effluxion of time, the claimant’s employment contract expired on the 31st December 2013; and I so hold. There is no evidence that it was renewed in any form, and the claimant admitted under cross-examination that there was no signed contract renewing her employment. The claimant continued to work for the defendant after the 31st December 2013 without an employment contract. I find that there were no binding terms on either party after the 31st December 2013. The claimant was simply working at the pleasure of the defendant who could do away with her services at any time without notice. The complaint of the claimant that the defendant failed to pay her three months salary in lieu of notice as provided in the contract of employment therefore fails. The claimant’s for the sum of US$1,937,462 (One Million, Nine Hundred and Thirty Seven Thousand, Four Hundred and Sixty Two United States of American Dollars) and the sum of N16,500,000.00 (Sixteen Million, Five Hundred Thousand Naira) as outstanding salaries, allowances, entitlements, commissions and emoluments at the time of the termination of her appointment are in the realm of special damages that must be particularised in the pleadings and strictly proved. The claimant’s contract made no provision for commissions and consultancy fees, Directors fees, terminal benefits and compensation. The claimant admitted this fact under cross examination. The claimant’s pleadings did not particularise the period of outstanding salaries and allowances being claimed. There is no evidence before the court that the defendant owes the claimant outstanding salaries, allowances, entitlements, and commission for work done either during the existence of the employment contract or thereafter. Furthermore, the Terms of Agreement dated 26th June 2015 (exhibit C4) relied on by the claimant is an unsigned document which is worthless and of no probative value. See Brewtech Nigeria Ltd V Akinnawo [2016] LPELR 4009 CA and Gbadamosi V Biala & Ors [2014] LPELR 34389 CA. The claimant has also not placed before the court the email dated 30th June 2014 that she alleges terminated her services. It is the duty of the claimant to provide the court with evidence to support her case. See Ezedigwe V Ndiche [2001] 12 NWLR Pt 726 37 at 67, Olufeagba V Abdul-Raheem [2009] 18 NWLR (Pt 1170) 382 at 424. The claimant has failed to provide evidence to support her claims and the wrongful act of the defendant to her. She is therefore not entitled to an award of damages. Consequently, the claimant’s case fails. It is hereby dismissed in its entirety. Costs of N100,000.00 awarded the defendant. Judgement is entered accordingly. ____________________________ Hon Justice O.A.Obaseki-Osaghae