JUDICIARY
Court orders firm to pay ex-staff N25.1m entitlement claims within 30 days
The National Industrial Court, on Wednesday ordered Global Haulage Resources Limited, to pay its former staff member, Ogunlowo Charles, N25.1 million, being outstanding salary, allowances, gratuity and unremitted pension contributions within 30 days.
Justice Osat Obaseki-Osaghae who delivered a virtual judgment, proceeding also ordered that failure of the defendant to comply with the judgment will attract 10 percent per annum until the sum was liquidated.
The judge in addition ordered the defendant to inform the claimant’s Pension Administrator within seven days of his resignation and eligibility to access his pension fund.
She further awarded the sum of N100,000 in favour of the claimant as cost for prosecution of the suit.
The court had formulated three issues for determination in order to arrive at the judgment. One of the issue was ” when does a letter of resignation become effective?”.
The court in answering the question ruled that a letter of resignation become valid the moment it was received, not the date of acceptance and that it was not compulsory that the letter must be replied to, to make it valid.
The judge in addition held that the claimant effectively resigned from his appointment on Jan. 29,2016, therefore the defendant’s letter of indefinite suspension was a futile exercise , was of no effect and proceeded to set aside the letter.
Obaseki-Osaghae also said that there was no evidence proven by the claimant as to how he arrived at the sum of N37.1million being his unpaid entitlements.
She ruled that there were no particulars, neither were they in the processes the claimant filed before the court to substantiate his claim, but that instead the claimant had dumped some documents on the court without prove.
She said because it was not the duty of the court to embark on voyage of discovery, and the failure of the claimant to prove otherwise, that the defendant was therefore not indebted to the claimant to that amount.
The judge however said because the defendant admitted to be indebted to the claimant to the tune of N26.6million, she ordered the defendant to pay the claimant the sum of N25.1 million.
The court arrived at the sum after deducting the sum of N1.1million as the amount spent on exotic phones ( N400,000) and money meant for Public Relations ( N700,000),: that ended up in the claimant’s personal account.
Charles, the claimant who was the Chief Financial Officer/ General Manager was employed by Ventures and Trusts Limited, the first defendant, in Feb. 2008 and was later seconded to Global Haulage in a letter which stated that Global Haulage was going to be responsible for his remunerations from that time.
Charles, from processes filed on July 11,2016 had stated that in 2014, it became difficult for the company to pay its staff as it encountered some financial snags.
The claimant further submitted that he tendered his letter of resignation, which was acknowledged as received on Jan.29,2016, and equally notified the second defendant on proceeding for his accumulated leave from Feb.2016 to May 25, 2016.
According to the claimant, he received a letter of indefinite suspension to enable the second defendant to commence a disciplinary action against him on Feb. 11,2016.
He therefore sought for a declaration that by virtue of his resignation letter he was no longer an employee of the second defendant after Jan. 29,2016 and that the decision of the defendant to suspend him was illegal.
He also sought for an order of the court to set aside the purported letter of indefinite suspension and issue a letter informing his Pension Fund Administrator of his resignation to enable him access his pension.
The claimant further prayed for an order of court to direct the second defendant to pay him the sum of N37.1million as his unpaid salary, allowances, gratuity and unremitted pension contributions.
Other reliefs sought by the claimant were 10 percent interest on judgment sum from the time of his resignation until date of judgment, then subsequently at 15 percent per annum and cost of suit.
The defence in its statement of defence and reply filed on Oct. 28, 2016 had argued that an audit of the company’s account had revealed that the claimant had embarked on wasteful expenditures such as purchasing of exotic phones.
The defendant also averred that fund meant for Public Relations and Business Development ended up in the claimant’s personal account,which necessitated the commencement of disciplinary action against him.
From Hassan Taiye
The Nigerian Bar Association (NBA) President, Afam Osigwe, SAN, has been praised for his visionary leadership and transformative impact on the legal profession. Since assuming office, Osigwe has demonstrated a steadfast commitment to justice, human rights, and the rule of law.
According to Barrister Hamza N Dantani, Osigwe’s leadership has been marked by bold initiatives, fearless advocacy, and groundbreaking reforms. He has restored the NBA’s traditional role of holding leaders accountable and promoting the rule of law, challenging unconstitutional actions and human rights abuses.
One of the notable achievements of Osigwe’s presidency according to Hamza, is the repositioning of the Institute of Continuing Legal Education (ICLE). The introduction of a mandatory Continuing Professional Development (CPD) regime has elevated professional competence and aligned the Nigerian Bar with international standards.
“Osigwe has also been instrumental in promoting human rights and public interest litigation. He has spearheaded campaigns against arbitrary arrests, electoral malpractice, and anti-democratic legislation, and established regional litigation committees nationwide”
“The NBA President’s commitment to technology and innovation has also been noteworthy. The launch of the Digital Annual Practice License and the digitization of the Letter of Good Standing have marked a new era in transparency and efficiency within the profession”
He further stated that ” Osigwe’s administration has prioritized the growth and success of young lawyers. The Nigerian Bar Association–Young Lawyers Forum (NBA-YLF) has introduced tailored mentorship, support programs, and funding initiatives to address the challenges faced by young lawyers”
“The 2025 NBA Annual General Conference, organized under Osigwe’s leadership, was hailed as one of the most successful in the history of the Association. The conference equipped lawyers with practical strategies to navigate contemporary legal and societal challenges.”
“Engine’s leadership style has been described as inclusive, humble, and genuinely committed to serving the legal profession. His detribalized approach has earned him respect across regions, political divides, and professional ranks.”
He expressed optimising that ” As Osigwe continues to lead the NBA, his legacy is expected to leave a lasting impact on Nigeria’s legal landscape. His commitment to justice, human rights, and the rule of law has restored the NBA’s image as the nation’s conscience”.
Professor Chidi Odinkalu, a legal scholar and judicial reform advocate, has praised the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, for her decisive action in addressing misconduct within the judiciary.
The National Judicial Council (NJC) recently sanctioned five judicial officers for professional breaches, including age falsification and other misconducts. The decisions were made during the NJC’s 107th meeting held on November 13 and 14, 2024.
Judges Sanctioned for Misconduct
Among those sanctioned were:
- Justice Chukwuemeka Chikeka, Chief Judge of Imo State, who was recommended for compulsory retirement effective October 27, 2021. Justice Chikeka was found to have falsified his date of birth, with inconsistencies noted between 1956 and 1958. He was also directed to refund salaries and allowances received after his official retirement date.
- Hon. Kadi Babagana Mahdi, Grand Kadi of Yobe State, was also recommended for compulsory retirement after discrepancies in his date of birth were discovered. Records showed three different birth dates, while his actual year of birth was determined to be 1952. The NJC found that he should have retired 12 years ago and ordered him to refund salaries and allowances received during this period.
- Justice G.C. Aguma of Rivers State High Court and Justice A.O. Nwabunike of Anambra State High Court were suspended from duties for one year.
Odinkalu’s Commendation
Reacting to the NJC’s decision, Professor Odinkalu commended the Chief Justice of Nigeria for her swift and decisive response.
“Madam CJN, Kudirat Kekere-Ekun, has acted swiftly on this matter of age falsification by the Chief Judge of Imo State. She has done the right thing the right way,” Odinkalu stated.
He expressed hope that this move would signal a new era of improved judicial standards under Kekere-Ekun’s leadership of the NJC.
NJC’s Commitment to Judicial Integrity
The NJC emphasized its zero-tolerance for misconduct, reiterating its commitment to upholding integrity within the judiciary. The council urged judicial officers to adhere strictly to professional and ethical standards.
The actions taken are seen as a bold step toward restoring public confidence in Nigeria’s judicial system.
Rivers State Governor, Siminalayi Fubara, has called on judges and lawyers to avoid delivering conflicting rulings, which he says undermine justice and governance. His warning follows conflicting judgments that nearly disrupted the local government election in the state.
Speaking at the 2024/2025 Legal Year ceremony in Port Harcourt, Fubara criticized legal professionals who compromise their integrity for personal gain. He emphasized the sacred role of the judiciary in upholding justice and urged judges to remain steadfast in truth.
“You are the god that we are seeing. Your position is to stand and defend us,” Fubara stated, adding that those who compromise justice would face severe consequences, both legally and morally.
Fubara praised the Rivers State judiciary, particularly the High Court, for their support in maintaining stability despite external pressures. He acknowledged threats and assaults faced by judicial officers but encouraged them to remain resolute in their pursuit of justice.
In his sermon, Bishop Rt Rev Wisdom Budu Ihunwo echoed the governor’s concerns, highlighting the negative impact of conflicting judgments on Nigeria’s unity and governance. The bishop warned that those responsible for such actions would eventually face divine punishment.
Governor Fubara concluded by emphasizing the need for strong institutions to safeguard democracy and ensure societal prosperity.
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