The National Industrial Court, Abuja on Wednesday ordered the Nigerian Bulk Electricity Trading Plc to pay its Head of Internal Audit, Sambo Abdullahi, his salary, emoluments and other entitlements within 30 days.
The payment was directed to start from December 2017 till date.
Abdullahi had sought redress in court for various declarations and reliefs, among which was declaration that the suspension of his salaries and allowances by the defendant was unlawful, illegal, null and void.
He also sought a declaration that the defendant lacked the vires to unilaterally suspend, punish or withhold his salary without approval by the Board of the defendant.
He also sought for an order directing the immediate payment of his accumulated salary and emoluments and an order of payment of N250 million as general damages.
Delivering judgment, Justice Oyebiola Oyewumi held that the suspension of the claimant’s salary and emoluments was wrong.
Oyewumi in addition submitted that the refusal of the claimant’s annual leave for 2017 and 2018 was wrongful, an unfair labour practice and against international best practices.
She also said it was trite that a law did not exist in vacuum as there was no board because the defendant’s board was dissolved when the claimant’s salary was stopped.
She further said the claimant’s salary was stopped long before a Disciplinary Committee was set up to investigate the allegations against him.
According to the judge: “This is putting the cart before the horse as the issuance of query and setting up the committee after stoppage of his salary and emoluments after seven months was an afterthought.
“The defendants having failed to follow strictly its rules of engagement with the claimant is in breach of same, hence the act of the suspension of his salaries from December 2017 till date is wrongful.
“Consequently, I resolve the issue in favour of the claimant.”
The judge also averred that annual leave was a statutory right of an employee and was entitled to same.
On the defence claim that the claimant did not work and therefore not entitled to be paid his salary, the judge held: “I find that the claimant is entitled to his salaries, emoluments and other entitlements from December 2017 till today, March 11, 2020.”
Oyewumi however said the claimant’s claim for denial on access to his National Health Insurance Scheme benefits failed.
The judge finally ordered that the judgment should be complied with within 30 days, after which the judgment sum shall attract 21 per cent interest per year.
Counsel to the claimant, A. A. Olori-Aje, in his submission said his client, who was employed in 2012 by the defendant, had his employment confirmed in 2014 as a senior management staff.
The counsel further averred that the claimant’s salary was stopped in December 2017 when he wrote a petition to the supervisory Minister of his organisation because of the intimidation he was subjected to by the then Managing Director of the organisation over audit queries he raised in some decisions taken by her, which were in violations of NBET Board directives and also against its Compensation and Benefits Policy Document.
The defence in its argument however said the claimant’s salary and other entitlements were stopped after due process of issuance of queries.
In addition, the defence said the claimant was not paid his salary and other entitlements as his Line Manager said he absconded from his duty.
Joined as co-defendant in the suit were Dr. Marilyn Amobi (former NBET MD), Ministry and Minister of Power, Works and Housing.
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