Enter text areaIN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

BEFORE HER LORDSHIP HON. JUSTICE ELIZABETH A. OJI, PhD

 

DATE:  TUESDAY 25TH JANUARY 2022     Suit No: NICN/LA/202/2017

 

Between:

Achi Magdalene                                                  Claimant

And

Global Fleet Oil & Gas Limited                        1stDefendant

Nicon Luxury & Services Limited            2ndDefendant

 

Representation:

Joseph Aketu for the Claimant

C H Reuben for the Defendants

 

JUDGMENT

 

Introduction:

 

1.   On the 2nd of May 2017, the Claimant commenced this action via a General Form of Complaint.  On 12th October, 2017, the Claimant filed an Amended Statement of Facts pursuant to Order of Court; together with a Further Statement on Oath, List of  Witnesses, Verifying Affidavit, and Amended List of Documents all dated the same 12th October, 2017 and copies of the documents to be relied on by Claimant at the trial. The Claimant claims against the Defendant as follows:

 

A.     A Declaration that the Defendants’ failure, neglect and or refusal to pay the Claimant’s entitlements totaling the sum of N6, 446,788.40 (Six Million, Four Hundred and Forty- Six Thousand, Seven Hundred and Eighty-Eight Naira, Forty Kobo) is in violation of the Claimant’s Letter of Employment dated June 16, 2009 and the 2nd Defendant’s Conditions of Service;

B.     An Order of this Honourable Court compelling the Defendants jointly or severally to pay Claimant’s entitlements totaling the sum of N6, 446, 788.40 (six million, four hundred and forty-six thousand, seven hundred and eighty-eight naira, forty kobo) comprising the following:

                             i.        the sum of N125, 000.00 (one hundred and twenty-five thousand naira) being the Claimant’s salary for the month of August, 2009.

                           ii.        the sum of N4,000,000.00 (four million naira) being the monthly salary deduction made by the Defendants in respect of car loan/advances for a duration of 80 months at N50, 000 (fifty thousand naira) per month from September 2009 to April 2016.

                         iii.        the sum of N116, 835.00 (one hundred and sixteen thousand, eight hundred and thirty-five naira) being the Claimant’s Annual Leave allowance for the year 2015.

                         iv.        the sum of N2,028,734.00 (two million, twenty-eight thousand, seven hundred and thirty-four naira) being the Claimant’s gratuity.

                           v.        the sum of N57, 500.00 (fifty-seven thousand, five hundred naira) being the unremitted pension contributions for the period of August 2009 to June 2010.

                         vi.        the sum of N87,457.28 (eighty-seven thousand, four hundred and fifty-seven naira, twenty-eight kobo) being the unremitted pension contributions for the period of October 2015 to February 2016.

                       vii.        the sum of N31,262.64 (thirty-one thousand, two hundred and sixty-two naira, sixty-four kobo) being the unremitted pension contributions for the period of March to April, 2016 all amounting to the sum of N6, 446, 788.40 (six million, four hundred and forty-six thousand, seven hundred and eighty-eight naira, forty kobo).

                     viii.        An Order of this Honourable Court directing the Defendants to pay interest at the rate of 21% per annum on the sum of N6, 446, 788.40 (six million, four hundred and forty-six thousand, seven hundred and eighty-eight naira, forty kobo), from May 1, 2016 when the said sum became due and remained unpaid to the delivery of Judgment and liquidation thereof;

                          ix.        An Order of this Honourable Court directing the Defendants to remit the Claimant’s pension contribution for the period of October 2015 till February 2016 to his Pension Fund Administrator;

                            x.        Costs of this action.

 

2.  All the processes filed in this suit were duly served on the Defendant; however, the Defendant failed and or neglected to enter appearance in defence of the Claimant’s Suit.  Trial commenced on the 7th of March 2018 with the Claimant testifying for herself. The Claimant gave evidence by adopting her witness statement on oath deposed to on the 12th day of October, 2017.  Claimant’s case continued on the 24th of April, 2018 and was adjourned to enable the Defendants cross examine the Claimant. During the examination in chief, the Claimant tendered in evidence the following documents:

 

1.         Letter of Employment                                                       Exhibit 1C

2.         Breakdown of Remuneration Package                            Exhibit C2

3.         Pay Advice                                                                            Exhibit C3

4.         Collective Agreement on Staff condition of service                 Exhibit C4

5.         Union Bank Account Statement                                       Exhibit C5

6.         WEMA Bank Account Statement                                     Exhibit C6

7.         Pay Advice of NICON Luxury Abuja                                Exhibit C7

8.         Transfer of Service                                                              Exhibit C8

9.         Resignation Letter                                                              Exhibit C9

10.       Trustfund Retirement Saving Account Statement                    Exhibit C10

11.       UPS Way Bill dated 29th day of April 2016                                 Exhibit C11

 

3.  Though there was proof of service of hearing notices, the Defendants failed to attend Court to cross examine the witness.  The Defendants’ right to cross examine the witness was therefore foreclosed.   The Court adjourned for Defence and ordered for hearing notice to be served on the Defendants.  The Defendants again failed to attend despite being served with hearing notices.  The right of the Defendants to defend was foreclosed and the matter adjourned for adoption of final written address.  On 19th February, 2019 being the date for adoption of final address, the Claimant’s Counsel informed the Court that he did not file his address as the Defendants entered appearance in sister cases in this Court.  The matter was adjourned to see if the Defendants will enter appearance or file a defence.  On 23rd June 2021, Counsel filed Memorandum of Appearance for the Defendants and asked for ‘date to do the needful’; stating that Defendants were not aware of the pendency of this suit.  On the 21st of October 2021, Counsel again appeared on behalf of the Defendants with an application to set aside the entire proceedings on the ground that the Defendants were not served the processes of the Court and were not aware of the pendency of the suit.  In a Ruling delivered on the 24th of November 2021, the Court declined the prayer of the Defendants to set aside the proceedings in this suit as the Court’s Records showed services on the Defendants.  The Court held as follows:

 

I have heard Counsel on this matter.  I have considered the affidavit and counter affidavit. The basis of this application is that the Defendant alleges that they were not served with the originating processes hence they were not aware of the pendency of this suit. Defendants allege that a Mr. Folarin Tajudeen who received hearing notices and other processes, on behalf of the 1st Defendant, is not its employee.

 

I have had to go through the entire file to convince myself that the Defendants were not aware of this suit.  This matter was filed on 2nd May 2017.  Apart from the affidavit of service now being challenged relating to the 1st Defendant, I see at Page 54 acknowledgment stamp of the 2nd Defendant receiving the originating process.  For the challenged affidavit, the service copy of the originating process on 1st Defendant has a note by the same Erion Sunday that “I met nobody at the reception desk I drop”.  This at least shows that it was not dropped at the entrance of the main building as asserted by Defendant.  Further search through the case file shows that (at Page 147) hearing notice was received by 2nd Defendant at its Abuja office on 20th January, 2017.  At page 146 Hearing Notice was received by Folarin Tajudeen for 1st Defendant on 15th June, 2017.   Folarin Tajudeen received process on behalf of 1st Defendant (page 149).  At pages 150 & 151 is proof of services on 2nd Defendant at Abuja with its stamp on 15th June, 2017.  On 23rd August, 2017, Folarin Tajudeen again received for 1st Defendant -  (Page 152). At Page 153, motion was served on Tajudeen for 1st Defendant on 22nd August, 2017. At page 256 Hearing Notice served on 2nd Defendant and received at Abuja. 

 

On 22nd September, 2017 the matter was called up for the first time and the Defendants were represented by Counsel; F. A. Oloruntoba with O.O. Akinmuleya and K.E. Asuquo.   Subsequently, no Counsel appeared for the Defendants but Court processes continued to be served on the parties personally, not on Counsel as shown hereunder:

 

On 20th December, 2017 process received by Tajudeen for 1st Defendant (Page 257).  Affidavit by Abdulfatai shows that service of amended statement of claim on the 1st Defendant was received by Tajudeen on 6th December, 2017 too.  See Pages 257 – 262. The receipt stamp was completed by Tajudeen stating he is Acting Secretary of 1st Defendant.  Pages 257 -262 show many processes received by Tajudeen on behalf of 1st Defendant.  Pages 263, 265, 267 show services on 2nd Defendant at Abuja with their acknowledgment stamp.  At Page 307 I see an undertaking by Claimant’s Counsel Mr. Aketu to serve Defendants and at Page 314 affidavit of Service by J Aketu showing the same Tajudeen received additional documents on behalf of 1st Defendant on 7th April, 2018 from him and Seye Afolabi served on 2nd Defendant at Abuja on 2/4/18.  At Pages 329 and 331, Tajudeen received more processes on 26th April, 2018 and 9th July, 2018.  At pages 330 and 332, 2nd Defendant received processes at Abuja.  At page 333 J. Aketu Esq, Claimant’s Counsel deposed to another affidavit of service stating both Defendants were served Hearing Notices at their offices.  At page 335 Hearing Notice was received by Tajudeen on 12 October, 2018 as receptionist.  2nd Defendant’s acknowledged copy is at page 336.  The hearing notice for adoption was received by Tajudeen on 23rd October, 2018 and 2nd Defendant at page 341. See pages 340, 341, 342, 344, and 346 for more processes served and received by Defendants.  At page 371 is affidavit of service by Abdulfatai mentioning Tajudeen as the one who received Final Written Address on 7th July, 2021 and at page 459 the 2nd Defendant received the Final Written Address.

 

I have taken this pain to convince myself that all the Hearing Notices and other processes were served on the Defendants.  The Defendant stating that it does not know Mr. F. Tajudeen who consistently received its processes from May 2017 to July 2021 raises a lot of doubt.   I do not see it probable that Mr. F. Tajudeen is not known to the 1st Defendant.  In any case, that Counsel represented the Defendants when the matter was called up for the first time shows the Defendants were served the originating processes and hearing notices.  I do not believe the Defendants that they were not aware of the pendency of this matter.  Defendants cannot make us set aside the entire process as prayed, based on the reasons advanced in this application. This application is declined and dismissed.

 

4.  At the time of this Ruling, the Defendants had still not filed any process in defence; nor did they have any application (written or oral) for extension of time to do so.  The Court thus adjourned for adoption of final address.  Claimant’s Counsel adopted his final written address on the 30th of November 2021.  The Court noted that “the Defendants have not filed any process in defence despite the Ruling that they were served all the processes in this case.  This Court must proceed in this matter as it cannot wait for a Defendant who does not want to defend”. 

 

 

 

the case of the claimant

5.  The Claimant was employed by a letter of employment dated 16th June 2009 as a business development officer and was subsequently deployed to the 2nd Defendant in August 2009 where she worked until her involuntary resignation in April 2016.  She was on a monthly salary of N125, 000 which added up to the sum of N1, 500, 000 per annum.  The Defendant failed to pay the Claimant for work done in the month of August 2009, but paid her from the month of September 2009 until her involuntary resignation in April 2016. In the course of the Claimant’s employment with the Defendants, the sum of N50, 000 (Fifty Thousand naira) was deducted from Claimant’s monthly salary allegedly for Car loan.  It was agreed to be deducted for a period of two years; however the Defendants continued to make the said deduction throughout the period of the Claimant’s employment spanning a period of Eighty months, amounting to the sum of N4, 000, 000.  The Defendants neither provided the Claimant with the car nor refunded the car loan payment.  The deductions meant that the Claimant was paid less than the stipulated gross monthly salary of N125,000.  The Defendants failed to pay the Claimant’s annual leave bonus for the years 2015 and 2016 which amounts to the sum of N116, 853.00 (One Hundred and Sixteen Thousand, Eight Hundred and Fifty-Three Naira) only. The Defendant also failed to pay the Claimant’s gratuity, and failed to remit the Claimant’s pension contributions to the appropriate administrator.  Sometime in the year 2012, a Collective Agreement on Staff conditions of service was negotiated and concluded between management of the 2nd Defendant and the National Union of Hotels and Personal Services Workers (N.U.H.P.S.W.) which Collective Agreement crystalized into conditions of service that regulated the employment of the junior staff of the 2nd Defendant (including the Claimant).

 

6.  The Claimant in her Final Written Address raised a sole issue for determination:

 

·        Whether the Claimant has established her entitlement to the reliefs sought in the General Form of Complaint and Amended Statement of Claim?

 

7.  The Claimant argued that though she was employed in the month of June, exhibits C6 and C7 show that the Defendant did not pay her salary for the month of August 2009.  The Claimant further argued that Exhibit C2 shows that she is entitled to car loan advance payment which was deducted from her salary throughout her employment with the Defendant and that a cursory look at Exhibits C2 and C3 demonstrate a consistent pattern that warrants evidential presumption of regularity.  The Claimant also argued that exhibit C4; particularly paragraph 15.9 shows his entitlement to receive payment of leave allowance for the year in which same is due.  He submits that he is entitled to leave allowance for the years 2015 and 2016.  He submits that having worked for (80) months from August 2009 to April 2016, by Exhibit C4 paragraph 28, he is entitled to payment of gratuity in the sum of N2, 028, 734.00 (Two Million, Twenty-Eight Thousand, Seven Hundred and Thirty-Four Naira) only.  On the relief for unremitted pension, the Claimant argued that mere looking at Exhibit C10 settles all doubt as to the instances of unremitted pension contributions by the Defendants.  The Claimant submits that the Defendant owns her a duty to remit her pension to the appropriate administrator. The Claimant finally urged the Court to grant her reliefs as claimed since her evidence has remained unchallenged.

 

 

 

DECISION

 

8. Though the Defendant was afforded the opportunity to defend this suit, the Defendant chose, up till the date of the adoption of final written addresses, not to.  Though the Defendant did not proffer any defence, it is still required of the Claimant to prove her entitlement to the reliefs she seeks in this suit.  This is because the burden of proof is on the person who asserts - see section 131(1) & (2) of the Evidence Act, 201; Oyovbiare v. Omamurhomu (1999) 10NWLR (Pt. 621) Pg. 23 at 34 Paras. F – H, and AGI v. PDP & ORS(2016) LPELR-42578(SC).  To determine this suit, I set a lone issue for determination:

 

·        Whether the Claimant has established her entitlement to the reliefs sought.

9.  To determine this lone issue, I shall take the reliefs sought by the Claimant seriatim:  Claimant’s first relief is for “a Declaration that the Defendants’ failure, neglect and or refusal to pay the Claimant’s entitlements totalling the sum of N6, 446,788.40 (Six Million, Four Hundred and Forty- Six Thousand, Seven Hundred and Eighty-Eight Naira, Forty Kobo) is in violation of the Claimant’s Letter of Employment dated June 16, 2009 and the 2nd Defendant’s Conditions of Service.  The second relief derives from the first; and is for an order compelling the Defendants to pay the Claimant the said sum of N6, 446,788.40.  The sum is made up of (i) the sum of N125, 000.00 (One Hundred and Twenty-Five Thousand Naira) being the Claimant’s salary for the month of August, 2009. 

10.  The Claimant by evidence which was not challenged proved that she was employed by the Defendant as shown by exhibit C1; being letter of offer of appointment dated 16th of June 2009. Exhibit C1 shows Claimant’s resumption date as Monday 13th July, 2009.  Exhibit C2 is the breakdown of remuneration package for the Claimant. It shows Claimant’s total salary per annum as N1,5000,000; which broken down to months is N125,000.00 per month.  The Claimant gave evidence that from September 2009 to June 2010, her monthly salary was paid by the 1st Defendant into a Union Bank of Nigeria Plc salary account opened for that purpose.  To establish her claims, the Claimant also tendered two duly authenticated statements of account, being Exhibits C5 and C6 (the Claimant’s Union Bank of Nigeria Plc Statement of Account and Wema Bank Statement of Account) cumulatively covering the period of  2009 to 2017 which details the record of all payments made by the Defendants to the Claimant during the period of her employment (2009-2016).  I have keenly examined exhibit C5 which is the first statement of account covering the period of September 1, 2009 to December 31, 2010.  I find that the very first entry of payment made by the 1st Defendant to the Claimant was N268,058.00 (Two Hundred and Sixty Eight Thousand naira, Fifty Eight Kobo) made on the 31st of December 2009.  Subsequently, monthly payments of N67,110.00 were made for January 2010 to November 2010 until the salary started appearing as N70,000.00.  The Claimant gave evidence that the sum of N268, 058  represents the net monthly salary paid to her for the period of September 2009 to December 2009) at the sum of N67, 014 (Sixty Seven Thousand, Fourteen naira) per month after the computation of all deductions. There is no record of any payment made by the Claimant in the month of August 2009 when the Claimant commenced work fully.

 

11.  In her evidence, the Claimant stated that she was never paid her salary for the month of August 2009, and could only sue for this claim after her resignation from the company in 2016. Claimant’s evidence on the issue of unpaid salary of August 2009 remains unchallenged and uncontradicted by the Defendants.  In the absence of evidence to show that the Claimant was paid the said August 2009 salary, I find that the Claimant has established her entitlement to the said relief.

12.  In relief two, the Claimant seeks an Order for the payment of the sum of #4,000,000 ( Four Million Naira) being for Car loan deducted from her salary at the rate of #50,000 (Fifty Thousand Naira)  per month during her employment with the Defendant. The Claimant gave evidence that in the course of her employment with the Defendants, certain deductions were consistently made by the Defendants from her gross monthly salary, one of which is the sum of N50, 000 (Fifty Thousand naira) being car loan advances towards the procurement of a car in favour of the Claimant by the Defendants.  Despite undertaking that it would make the said car loan deductions for a period of two years only, the Defendants continued to make the said deductions throughout the period of the Claimant’s employment spanning a period of eighty months.  Despite the persistent monthly deductions for car loan advances, the Defendants neither provided the Claimant with the car nor refunded the car loan (transport allowance) deductions.  The Claimant states that the total of the unrefunded car loan advances deducted from her salary by the Defendants for the entire eighty months during which the Claimant worked for the Defendants amounted to the sum of N4, 000, 000

13.  Exhibit C2 indicates provision for the deduction of N600,000.00 for two years for transport allowance. Exhibits C3 and C7 are various Claimant’s Pay Advices spanning 2010 to 2016.  They show a consistent deduction of N50,000.00 for Car Loans/Advances.  From the evidence before the Court, there is no challenge to the sum stated to be the Claimant’s Car Loan deducted from her salary for the eighty months of the Claimant’s employment; nor is there evidence that the Claimant was ever given the car for which the deduction was made. Going further, Exhibits C5 and C6 (Union Bank of Nigeria and Wema Bank Plc Salary Statements of Account) show that the Claimant never received her gross salary during her employment with the Defendants.  My deduction from the above is that the Defendant deducted N50,000.00 from Claimant’s salary for car loan/advance, without providing the car.  The Claimant is thus entitled to the refund of the money so deducted.  I thus find and hold that the Claimant is entitled to this relief.

14.  In relief three, the Claimant claims the payment of leave allowance for the year 2015 and 2016. The Claimant relied on Exhibit C4 paragraph 15.2 to establish entitlement to this relief.  I have looked at exhibit C4. It is the Collective Agreement on Staff Condition of Service between the 2nd Defendant and NUHPSW for junior staff.  Claimant’s evidence as to its applicability is uncontroverted.  Exhibit C4 provides at paragraph 15.2 that 20% of annual basic salary of an employee shall be paid as leave allowance by the management.  Further paragraph 15.9 provides that where any portion of the leave is curtailed, the unspent leave shall be carried forward.  The Claimant has asked for the sum of N116, 835.00 (one hundred and sixteen thousand, eight hundred and thirty-five naira) being her Annual Leave allowance for the years 2015 and 2016.  There is no evidence before me showing how this sum was arrived at.  I have checked up the basic salary as shown in the pay slips and I am unable to arrive at the said sum of N116, 835.00.  In view of this, I find that this relief is not proved, and is hereby declined.

15.  Relief four is Claimant’s claim for gratuity.  The Claimant led evidence to show that she resigned from the employment on 25th April, 2016.  The Claimant’s claim for gratuity is founded on exhibit C4 – the collective agreement; which provides that an employee leaving the service of the Hotel under any circumstance besides summary dismissal shall be entitled to leaving gratuity payment.   There is uncontroverted evidence that the Claimant resigned her employment.  There is also evidence that she served the company for a period of 80 months.  Paragraph 28 of exhibit C4 provides Leaving Gratuity that:

Article 28: Leaving Gratuity

An employee leaving the services of the hotel under any circumstances besides summary dismissal shall be entitled to leaving gratuity payments as defined below. To be eligible, staff must have put in at least two (2) unbroken years of service.

 

2-5 years of continuous service – 6 weeks total emolument for each completed years of service

 

6-10 year - 9 weeks total emolument for each completed years of service

 

11-15 years - 12 weeks total emolument for each completed years of service

 

16-20 years - 16 weeks total emolument for each completed years of service

21 years and above - 20 weeks total emolument for each completed years of service

 

N:B Total emolument in the context comprises of basic salary, housing, transport and utility allowance.”

From the above provision of exhibit C4, Claimant falls under 6-10years continuous service. However, I am unable to decipher how the Claimant arrived at the claimed sum of N2,028,734.00 as the gratuity.    This relief is declined due to lack of proof of how the claimed sum was arrived at. 

16.  In relief five, the Claimant’s claim is for unremitted pension as follows:

·     N57, 500.00 (fifty-seven thousand, five hundred naira) being the unremitted pension contributions for the period of August 2009 to June 2010.

·     N87,457.28 (eighty-seven thousand, four hundred and fifty-seven naira, twenty-eight kobo) being the unremitted pension contributions for the period of October 2015 to February 2016

·     the sum of N31,262.64 (thirty-one thousand, two hundred and sixty-two naira, sixty-four kobo) being the unremitted pension contributions for the period of March to April, 2016.

·     An Order of this Honourable Court directing the Defendants to remit the Claimant’s pension contribution for the period of October 2015 till February 2016 to his Pension Fund Administrator.

17.  The Claimant relies on Exhibit C10 as proof that her pensions though deducted in exhibits C3 and C7; were not remitted to her PFA for the stated months.  Exhibits C3 and C7 show deductions under pension funds.  Exhibit C10 is Claimant’s Retirement Savings Account Statement.  It shows absence of remittance for the periods August 2009 to June 2010, October 2015 to February 2016, March to April, 2016and October 2015 till February 2016; periods that the Claimant was in the employment of the Defendants. In the absence of any evidence that the said pension deductions were remitted to the Claimant’s Pension Managers, I find that the Claimant has established her entitlement to this relief. 

18.  Claimant’s last relief is for interest at the rate of 21% per annum on the sum of N6, 446, 788.40 (six million, four hundred and forty-six thousand, seven hundred and eighty-eight naira, forty kobo), from May 1, 2016 when the said sum became due and remained unpaid to the delivery of Judgment and liquidation thereof” though submitted to be a post judgment interest; actually seeks pre-judgment interest, as it is. This is because it seeks interest on the sum claimed from May 1, 2016, when the sum is argued to have become due.  The law is trite that before a party can claim pre-judgment interest, he has to plead not only his entitlement to the interest, but the basis of the entitlement either by statute or contract/agreement between the parties, or under mercantile custom or under principle of the equity. See Dantama v. Unity Bank Plc (2015) LPELR-24448(CA).  The Claimant has not proved which statute, custom or principle of equity provides for the pre-judgment interest she has claimed in this case.  See also Mr. Kurt Severinsen v. Emerging Markets Telecommunication Services Limited [2012] 27 NLLR (Pt. 78) 374 NIC; Mr. Valentine Ikechukwu Chiazor v. Union Bank of Nigeria Plc Suit No. NICN/LA/122/2014 judgment delivered on 12th July 2016.  The pre-judgment interest is therefore refused.

19.  From the findings on each of the reliefs sought by the Claimant, it is obvious that this suit succeeds only in part.  In accordance with the Court’s findings, I hold as follows:

(I)              i Declare that the Defendants’ failure, neglect and or refusal to pay the Claimant’s entitlements is in violation of the Claimant’s Letter of Employment dated June 16, 2009.

(II)      The Defendants are Ordered to pay the Claimant the sum of N125, 000.00 (One Hundred and Twenty-Five Thousand Naira) being the Claimant’s salary for the month of August, 2009

(III)    The Defendants are Ordered to pay the Claimant the sum N4,000,000.00 (Four Million Naira) being the monthly salary deduction made by the Defendants in respect of car loan/advances for a duration of 80 months at N50, 000 (fifty thousand naira) per month from August 2009 to April 2016.

(IV)     The Defendants are Ordered to remit to the Claimant’s Pension Fund Administrator the sum of N57, 500.00 (fifty-seven thousand, five hundred naira) being the unremitted pension contributions for the period of August 2009 to June 2010; the sum of N87,457.28 (eighty-seven thousand, four hundred and fifty-seven naira, twenty-eight kobo) being the unremitted pension contributions for the period of October 2015 to February 2016;and the sum of N31,262.64 (thirty-one thousand, two hundred and sixty-two naira, sixty-four kobo) being the unremitted pension contributions for the period of March to April, 2016.

(V)       Cost of this suit is set at N500,000.00 to be paid by the Defendant.

(VI)     This judgment is to be complied with, not later than 30 days from this date of judgment; failure at which interest will accrue at the rate of 20% per annum.

 

Judgment is entered accordingly.  I make no order as to cost.

 

 

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Hon. Justice Elizabeth A. Oji PhD