IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO NICN/LA/535/2018

BEFORE HIS LORDSHIP, HON. JUSTICE (DR.) 1. J. ESSIEN

 DATE: 12^th March 2026

 

BETWEEN

UNITED BANK FOR AFRICA                                            Claimant

                                                     

AND

SOJE AKEEM BABATUNDE                                            Defendant

 

                          JUDGMENT.

The claimant commenced this action by a complaint dated and filed the 25/10/2018. In the complaint the claimant sought the following relieves from the court:

1. A declaration that the document titled ‘UBA STAFF HAND BOOK’ which was in operation as at the time the defendant was in employment of the Claimant is effective and binding on the defendant.

 

2. The sum of N12, 220,446.20 (Twelve Million, Two Hundred and Twenty Thousand, Four Hundred and Forty Six Naira, Twenty Kobo) only being the total sum due and payable by the Defendant to the Claimant.

 

3. Compound interest on the amount claimed in (1) above that is N12,220,446.20 (Twelve Million, Two Hundred and Twenty Thousand, Four Hundred and Forty Six Naira, Twenty Kobo) at the rate of 10% flat per month and a default fees of 10% flat per month from 1^st October, 2017 till judgment and thereafter at the same rate (10%) till liquidation of the entire debt.

 

4. Cost of this action.

The amended complaint was served on the defendant on the 20/3/2025. The defendant did not file any defence to this action. Heraing in this matter commenced on the 21/10/2025. The claimant called Mr Afamefuna Ogbonna as their sole witness who testified as CW-1. Tye witness adopted his witness deposition and went on to tender the following documents in evidence.

1.     Letter of Resignation Exhibit C1

2.     Defendant statement of account Exhibit C2

3.     Certificate of compliance Exhibit C3

4.     Letter of demand for outstanding indebtedness Exhibit C4

5.     Defendant staff hand book Exhibit C5.

The matter was adjourned to the 27/1/2026 for cross examination and defence. On the said date upon proof of the service of hearing notice on the defendant, the cross examination and defence of the defendant was foreclosed. The claimant counsel was ordered to file her final written address and the matter was adjourned for adoption of the claimant final written address on the 23/2/2026. The claimant counsel adopted her final address and urged the court to enter judgment for the claimant on the uncontradicted evidence of the claimant.

 

DECISION OF THE COURT.

The defendant was employed by the claimant on Friday August 1, 2008, and resigned on Friday, October 9, 2009. The employment was also regulated by the staff handbook which the claimant witness stated was made available to all staff of the claimant. The Staff Handbook was tendered as Exhibit C5  In the letter accepting the resignation of the claimant tendered as Exhibit C1 dated the 4/11/2010, the claimant tabulated the total benefit  of the claimant to be in the sum of N225,113.23 made up of the defendant 13^th month salary, leave grant, upfront tax refund  and salary.   The indebtedness of the defendant was also tabulated in the sum of N3,057,090.78. made up of unearned housing allowance, unearned furniture allowance, unearned passage allowance, unearned leave allowance, salary in lieu of notice, asset finance (excluding interest) No Wonda loan (excluding Interest). The claimant testified that when the defendant total benefit (N225,113.23) was deducted from his total indebtedness (N3,282,204.01) which now make the Defendant’s Net indebtedness to be N3,057,090.78. The defendant was informed in Exhibit C1 that the  debt would be posted into his salary account immediately. This was done on the 3/12/2010, as shown on the claimant statement of salary account tendered as Exhibit C2.  The debt has continued to attract interest at the bank rate and as at the 29/9/2017, the book value of the debt is in the sum of N12, 220, 446.20k.

 

The evidence adduced by the claimant in proof of the indebtedness of the defendant to the claimant was never contradicted. The well established position of the law is that where evidence given by a party is not challenged, The evidence is deemed admitted and the court is bound to act of the unchallenged evidence. See the case of Nigerian Army V. Yakubu  (20l3) LPELR-20085(SC) see also the case of Jemile  V. Ainani (2007) FWLR (PT. 62) 1937 at 1953.

 As already stated in this judgement the UBA Staff Hanbook also regulated the employment relationship between the parties in this action. The was tendered as Exhibit C5. The las paragraph of Clause 8.2.1 stipulates that Upon resignation, an employee shall be entitled to certain benefits under the bank's compensation  policy, less any  unpaid  liabilities owed  to the bank.

This provision also provide the foundation for the reliefs sought by the claimant in this action.

 

It is the finding of this court that the claimant has proved his entitlement to the claims in this action Accordingly Judgment is entered in favour of the claimant in the following terms:

 

1. A declaration that the document titled ‘UBA STAFF HAND BOOK’ which was in operation as at the time the defendant was in employment of the claimant is effective and binding on the defendant is hereby made.

 

2. The defendant shall pay sum of N12,20,446.20 (Twelve Million, Two Hundred and Twenty Thousand, Four Hundred and Forty Six Naira, Twenty Kobo) only being the total sum due and payable by the defendant to the claimant.

 

3.   The claim of compound interest at the rate of 10%  and  10% default fees is not known to the practice of this court. The relief is therefore refused.

 

4. the defendant shall pay a cost of N100,000.

The sums hereby awarded shall be paid within 30 days from the date of this judgment.

Judgment is hereby entered.

 

 

                               ___________________________________

Hon. Justice (Dr.) I. J. Essien

(Presiding Judge)

 

REPRESENTATION.

Funmi  Adeogun  Esq. for the claimant

No representation for defendant