Mr.. Sunday Ikara v Pan African Capital Plc (pac Capital)

• Judge: Hon. Justice J. D. Peters
• Judgment Date: 06 May 2020
• Respondent: Pan African Capital Plc (pac Capital)
• Appellant: Mr.. Sunday Ikara
• Docket Number: NICN/LA/383/2015
• Court: National Industrial Court (Nigeria)

Introduction and Claims
1. This is an action commenced by a General Form of Complaint dated the 5th day of August, 2015. The Claimant sought the following reliefs via the Complaint -

1. A declaration that the termination of the Claimant’s employment with the Defendant vide Defendant’s letter dated 07/01/2010 is invalid, oppressive, discriminatory, wrongful, null and void and of no effect whatsoever, and that the Claimant is entitled to all allowances, salaries of =N=53,716.00 (Fifty Three Thousand, Seven Hundred and Sixteen Naira Only) per month from January 2010 – July 2015 i.e. 55 months = =N=2,9954,380.00 (Two Million, Nine Hundred and Fifty Four Thousand, Three Hundred and Eighty Naira Only) (and still counting), emoluments and sundry payments.
2. =N=290,066,400.00 (Two Hundred and Ninety Million, Sixty Six Thousand, Four Hundred Naira Only) being 100% permanent disability compensation from the Defendant to the claimant for the permanent incapacitation of the claimant arising from injuries he sustained in an accident dated 28/11/08 while in the course and employment of the Defendant.
3. =N=5,000,000.00 (Five Million Naira Only) being damages for wrongly(sic) termination of employment of the claimant employment with the Defendant vide Defendant letter 07/01/2010.
4. Cost of this action.

2. The Form 1 was accompanied by all other documents as mandated by the Rules of this Court. Upon entering an appearance on 3/11/15 filed its defence processes denying liability, the Claimant filed a Reply dated the 10th day of May, 2016 to the Defendant’s Statement of Defence. On 1/12/16, the Defendant amended its statement of defence.

Case of the Claimant
3. Claimant opened his case on 5/12/16, adopted his witness deposition of 5/8/15 as his evidence in chief and tendered 18 documents as exhibits. The documents were admitted in evidence and marked as Exh. C1-Exh. C18 respectively.

4. The case of the Claimant as revealed from his pleadings and evidence led is that he, by a letter of employment dated 5/12/06 and issued to him by the Defendant, became an employee of the Defendant and in line with the terms of the offer letter was subsequently placed on a compulsory six (6) months probation; that upon the successful completion of the six (6) months probation period, he was found fit and worthy of full employment by the Defendant, whereupon his employment was meritoriously confirmed to take effect on the 1st day of June, 2001 by the self-same Defendant; that in line with his avowed commitment towards working to realize the set objectives of the Defendant company as contained in his terms of contracts, he adroitly, steadfastly and painstakingly set out and undertook all his assigned duties, assignments and responsibilities of the Defendant; that as a testament to the overall significant contributions of the Claimant and in direct acknowledgement of his sterling qualities, the Defendant vide its letters dated the 29/1/08, 15/7/08, 16/7/08 and 21/8/09, reviewed and upgraded his remuneration as well as produced positive appraisals on his performances. It is the case of the Claimant that in furtherance of his avowed and committed discharge of his duties to the Defendant and in the course of his employment, but through no fault of his whatsoever, he was involved in a fatal accident along Adeola Odeku Road, Victoria Island, Lagos, on the 28th day of November, 2008, where he was left unconscious and thereafter rushed to the Accident Emergency Unit of the Lagos State General Hospital, Gbagada; that as a result of the various life-threatening injuries and permanent incapacitation which resulted from the Claimant’s accident, and the serial refusal of the Defendant to compensate him financially or to make available to him both his statutorily compensated entitlement as a workman or the necessary monetary compensation as provided for in the Defendant’s Human Capital Management Handbook, the Claimant had to expend and indeed sunk in so much money to aid his recuperation both at the Lagos State General Hospital, Gbagade, Baba-Ayo Herbal Centre, Rosebod Pharmacy and Stores, Maxx Supermarket and Medical Store, Peak Diagnostic Services; that shockingly and against all known humane considerations, despite his incapacitation occasioned by the accident sustained in the course of his employment with the Defendant, he received with utter embarrassment, a letter purporting to disengage him from the Defendant’s employment on the 7th day of January, 2010; that it is instructive to note and as boldly admitted by the Defendant, that prior to the alleged termination of his employment, he was neither queried as to his continued competence nor did the Defendant ever raise any doubts as to the performance of his assigned duties. The Claimant states that depressed by these sudden turn of events in his life and the fact that no employer was willing to accept him for a commensurate employment, in view of his accidental incapacitation in the course of his employment with the Defendant, he consulted his Solicitors NELSON & NELSON, who wrote to the Defendant for his entitlement and compensation and the...