IN THE
NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE
LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BEFORE HIS LORDSHIP HON. JUSTICE (PROF) ELIZABETH A. OJI
DATE: MONDAY 12TH
OCTOBER 2026 SUIT NO:
NICN/LA/367/2022
BETWEEN:
MR. YERUMOH KESSITY CLAIMANT
AND
INDEPENDENT NEWSPAPERS LIMITED
DEFENDANT
Representation:
C M Ohamuo for the Claimant
J C Omoha for the Defendant
JUDGMENT
Introduction and Claims:
1. The
Claimant commenced this action by a General Form of Complaint dated 15th
September 2022, and accompanied by a Statement of Facts, Witness Statement on
Oath and List of Documents. The Claimant seeks the following reliefs:
i.
AN ORDER that the Defendant pay to the
Claimant the sum of N776,686.37 (Seven hundred and seventy six thousand six
hundred and eighty six Naira thirty seven Kobo) being accumulated arrears of
salaries owed the Claimant by the Defendant from July 2020 to July 2022.
ii.
AN ORDER that the Defendant remit the
sum of N511,287.21 (Five hundred and eleven thousand two hundred and eighty
seven Naira twenty one Kobo) to Stanbic IBTC Pension Managers RSA account of
the Claimant being unremitted cumulative pension of the Claimant.
iii.
AN ORDER that the Defendant pay to the
Claimant the sum of N350,000 (Three hundred and fifty thousand Naira) being the
amount of money the Claimant sourced/borrowed to treat himself after the
accident.
iv.
AN ORDER that the Defendant pay to the
Claimant the sum of N15,000,000 (Fifteen million Naira) being compensation for
the injuries sustained by the Claimant in the course of work.
v.
AN ORDER that the Defendant pay to the
Claimant the sum of N655,000 (Six hundred and fifty five thousand Naira Naira)
being assessed cost of surgery/treatment for the injuries sustained by the
Claimant in the course of work.
vi.
General damages in the sum of
N5,000,000 (Five Million Naira) for the financial hardship and socio-economic
discomfort suffered by the Claimant for unpaid pension arrears.
vii.
Cost of the action assessed at N500,000
(Five Hundred Thousand Naira).
2. The Defendant did not file a statement of
defence and elected not to call evidence in its defence. The matter proceeded to hearing on 24 October
2023, when the Claimant opened his case, adopted his witness statement on oath
sworn on 15 September 2022, and tendered documents admitted as Exhibits C1 to
C8:
1.
Letter of Employment dated 21/11/2007 - Exhibit C1
2.
Letter of Confirmation dated 15/09/2008
- Exhibit C2
3.
Letter of appeal to the Defendant dated
23/11/2020 - Exhibit C3
4.
Letter of invitation from the Office of
the Public
Defender dated 13/9/2021 - Exhibit C4
5.
Assessment for surgery dated 20/6/2022 - Exhibit C5
6.
Photographs of Claimant's injured leg - Exhibit
C6
7.
Stanbic IBTC Pension statement of
account - Exhibit C7
8.
Zenith bank statement of account - Exhibit C8
3. The Claimant was cross-examined by defence
Counsel on 23 November 2023 and thereafter closed his case. The matter was
adjourned for defence on 6 February 2024, and the Defendant having elected not
to defend, the matter was adjourned for the adoption of final written
addresses, both of which the parties filed.
The parties adopted their final written addresses on 30th
September 2026 and the matter adjourned for judgment.
THE CASE
OF THE CLAIMANT
4. The Claimant was employed as a Circulation
Clerk, Breaking News, in November 2007, and his appointment was confirmed
effective 21 May 2008. His work involved the distribution of newspapers to
customers using a motorcycle. According
to the Claimant's pleadings, on 24 November 2019 he was involved in a
motorcycle accident while going to work early in the morning at Charity,
Oshodi, along the Oshodi-Apapa Expressway, in which his left leg was broken. He
notified his Copy Sales Manager, Mr. Jolly, and was taken to Lagos State
University Teaching Hospital, Ikeja, and subsequently to trado-medical centres
for treatment in Lagos, Benin and Edo State. The Defendant paid the Claimant
N50,000 on two occasions towards treatment. The Claimant was paid his full
salary until June 2020, half salary from July 2020 to December 2020, and
thereafter no salary. The Claimant averred that the Defendant deducted pension
from his salary but failed to remit any sum to his Stanbic IBTC retirement
savings account. He also averred that the Defendant had neither terminated his
employment nor put in place any insurance or employee compensation scheme.
CLAIMANT’S
SUBMISSIONS
5. The Claimant raised a sole issue for
determination; whether the Claimant is entitled to the reliefs sought. Learned Counsel to the Claimant submitted, as
a preliminary matter, on the effect of the Defendant's failure to call any
evidence in the case. Counsel drew attention to the fact that the Defendant
filed no statement of defence, but the defence counsel nonetheless
cross-examined the Claimant on 23 November 2023, so that the defence
effectively rested its case on that of the Claimant. Counsel conceded that a
failure to call evidence in defence does not translate into automatic victory
for the Claimant, because a claimant must succeed on the strength of his own
case and not merely on the absence of a defence, and for this concession he
relied on Ogunyade v. Oshunkeye (2007) 15 NWLR (pt. 1057) 218. He
argued, however, that the settled position is that a party who fails to call
evidence in defence of a claim is presumed to have admitted the case made
against him, so that a trial court has little or no choice but to accept the unchallenged
and uncontroverted case placed before it by the Claimant, relying for this
proposition on Amakiri v. INEC (2014) 45 NLLR (pt. 143) 304 at 322-323
and Ifeta v. SPDC Ltd (2006) vol. 6 MJSC 123. Counsel added that the
cross-examination of the Claimant did not shake his credit, and that the
Claimant had in any event gone on to prove his entitlement to the reliefs
sought.
6. On the question of whether the injury arose
in the course of employment, Counsel pointed out that the Claimant testified
under cross-examination that the accident occurred while he was going to work
early in the morning, and that Exhibit C1 provides for work outside the
traditional nine-to-five schedule, the Claimant being a Circulation Clerk,
Breaking News. From this he contended that the accident was suffered in the
course of the Claimant's employment. On
Relief 1, being the claim for the sum of N776,686.37 as accumulated arrears of
salaries owed from July 2020 to July 2022, Counsel submitted that this relief
was pleaded in paragraphs 6, 18 and 35 to 37 of the statement of facts, with
the supporting evidence contained in the corresponding paragraphs of the
witness statement on oath, and that Exhibit C8, the bank statement of account,
shows that no salary was paid for the relevant period. He argued that payment
of wages is an essential element of a contract of service and that it is
unconscionable for a worker who has worked to be denied his wages without just
cause, relying on Adigwe v. Tetrazini Foods Ltd. (2014) 45 NLLR 83 at 106-107
para G-A for the proposition that a worker is entitled to his wages and that it
is inhuman to refuse to pay salaries after a worker has shown that he worked.
Counsel further contended that the Defendant did not deny owing the sum
claimed, that facts admitted need no further proof, and he accordingly urged
the Court to order payment of the sum of N776,686.37. On Relief 2, being the claim that the
Defendant remit the sum of N511,287.21 to the Claimant's Stanbic IBTC Pension
Managers RSA account as unremitted cumulative pension, Counsel submitted that
the relief was pleaded in paragraphs 21 to 28 of the statement of facts with
corresponding evidence in the witness statement on oath, and that the Claimant
tendered Exhibit C7, the Stanbic IBTC PFA statement, to show that the Defendant
remitted no pension throughout the period the Claimant worked for it. He
explained that the sums appearing in the statement relate to the period the
Claimant worked at The Sun Publishing Limited. Counsel argued that the Defendant
neither challenged nor disputed the non-remittance of pension, that such
non-remittance is a serious breach under the Pension Reform Act, and he urged
the Court to order remittance of the pension claimed. On Reliefs 3 and 5, which Counsel treated together,
being the claim for N350,000 sourced or borrowed by the Claimant to treat
himself and the claim for N655,000 as the assessed cost of surgery, Counsel
submitted that these reliefs were pleaded in paragraphs 14 to 17 of the
statement of facts with corresponding evidence in the witness statement on
oath. He argued that the Defendant failed to provide adequate medical treatment
to enable its staff to recover and resume work, and that all appeals for
financial assistance proved abortive, referring to Exhibit C3. Counsel pointed
out that the Claimant, in his quest to be treated and return to work, obtained
an assessment for surgery in the modest sum of N655,000 from Osho Medical
Center in Benin, which was passed to the Defendant on 15 July 2022 but ignored,
referring to paragraphs 38 to 40 of the witness statement on oath. He further
contended that the Defendant's initial payment of N100,000 to the Claimant was
itself a recognition of the company's duty to treat an employee injured in the
course of employment, and posited that had the Claimant been insured for
accident or enrolled under the Employee Compensation Scheme, another entity
would have relieved the Defendant of the financial burden, but that this was
not the case. He accordingly urged the award of these heads of claim. On Relief 4, being the claim for N15,000,000
as compensation for the injuries sustained in the course of work, Counsel
submitted that the uncontradicted and undisputed evidence is that the Claimant,
a member of the Defendant's staff, was injured on his way to work and broke his
leg, with Exhibit C6 being photographs of the broken leg. He argued that the
Claimant had exhausted his personal resources and borrowings to obtain what
little treatment he could afford, that doctors recommended surgery which the Defendant
refused to fund, and that the Claimant would be unable to ride his motorcycle
and work, and might be unable to work for any other employer and earn income
given the condition of his leg, referring to Exhibit C5 (the assessment for
surgery) and Exhibit C6. Counsel further contended that the Defendant did not
dispute the absence of any employee compensation scheme or accident insurance
scheme, so that the duty to compensate falls squarely on the Defendant. He
submitted that where there is a wrong there should be a remedy, that the Court
has power to award compensation and damages in deserving cases, and he relied
on section 14 of the National Industrial Court Act and on Onang v. NSA
(2020) LPELR-50225(CA) at page 25. On
Reliefs 7 and 8, which Counsel treated together, being the claim for N5,000,000
general damages for financial hardship and socio-economic discomfort suffered
on account of unpaid pension arrears and the claim for N500,000 as cost of the
action, Counsel submitted that the Claimant is entitled both to damages and to
costs. He relied on Elochin v. Mbadiwe (1986) NWLR Part 14 Pg. 47 at 65
for the principle that the primary object of an award of damages is to
compensate the plaintiff for the harm done to him, with a secondary object of
punishing the defendant for his conduct in inflicting that harm. Counsel argued
that the Claimant was injured on his motorcycle while going to work, that the
Defendant abandoned him without providing money for treatment despite repeated
pleas, that the Defendant stopped paying salaries and continued to owe arrears,
and that the Defendant never remitted pension, even failing to remit the
pension deducted from the Claimant's salary, so that everything that might have
cushioned the effect of the non-payment of salary was withheld. He urged that,
in assessing damages, the Court take into account that the Pension Reform Act
2014 stipulates a monetary penalty against a defendant and in favour of a
claimant for non-remittance of pension, referring to section 11(6) and (7) of
the Pension Reform Act 2014. On costs, Counsel contended that the Claimant
would not have incurred the expense of coming to court but for the Defendant's
conduct, that his solicitors' efforts to resolve the dispute failed, referring
to Exhibit C4 as apposite, and that the Claimant further paid for service of
processes. In conclusion, Counsel
submitted that the Claimant had proved his entitlement to the reliefs sought on
a preponderance of evidence, the claim being largely uncontested.
DEFENDANT’S
SUBMISSIONS
7. The Defendant, in its Final Written Address,
likewise raised a single issue for determination; whether the Claimant is
entitled to the relief sought in this suit?
Learned Counsel to the Defendant submitted that the sole issue must be
answered in the negative, and that the Claimant is not entitled to the reliefs
sought. Counsel contended that the Defendant was not the cause of the
Claimant's injury, and that although the injury was sustained in the course of
the Claimant's employment, it was not attributable to the Defendant. Counsel argued that the Claimant failed to
establish that the motorcycle he was riding in the course of his duties was
faulty or malfunctioned, pointing out that throughout the Claimant's evidence
he never asserted that the motorcycle provided by the Defendant was faulty or
malfunctioned, or that the Defendant exercised any want of reasonable care in
relation to him. Counsel submitted that in assessing compensation or
determining liability, the reasonable care of the Claimant in the course of his
duty comes up for evaluation. He posited that while it is the duty of an
employer to provide effective and functional tools and equipment, it is not the
duty of the employer to control the exercise of those tools, particularly in the
circumstances of this case. Counsel
further submitted that it was the Claimant's own negligence or carelessness
that caused the accident, and not any malfunction of the tools or motorcycle.
He relied on the Claimant's admission under cross-examination that he was
driving himself and was not being driven by any driver provided by the
Defendant, arguing that the Claimant ought to have exercised reasonable care in
carrying out his duties so as to avert any possible injury, and that the
Claimant had not proved any breach of duty on the part of the Defendant
sufficient to establish liability and ground compensation. Counsel contended that it is not enough to
claim compensation on the basis of an injury sustained in the course of
employment; the claimant must establish a breach of duty on the part of the
defendant in respect of the tools provided, which the Claimant had failed to
do. He submitted that where an alleged breach of duty arises from an omission
to provide safety, machinery, equipment or premises, it is necessary for the
employee to prove either that the thing the employer omitted to do was commonly
done by other employers in like circumstances, or that it was so obviously
required that it would be folly for anyone to neglect to provide it, evidence of
practice being an important, though not conclusive, factor in determining
whether reasonable care was taken. For this proposition Counsel relied on Morton
v. Williams Dixon Ltd. (1909) SC 807.
Counsel submitted that damages flow from breach of duty, and that since
the Claimant had failed to establish any breach of duty on the part of the
Defendant, the ancillary relief for damages must fail. Addressing the authority
relied upon by the Claimant, Counsel argued that the case of Elochin v.
Mbadiwe (1986) NWLR Part 14 Pg. 47 at 65 does not fall within the principle
applicable to the present case, because the motorcycle driven by the Claimant
was in very good condition, and the harm suffered was not inflicted by the
Defendant but was self-inflicted. He contended that the Claimant had not proved
at trial that the injury was inflicted by the Defendant or that the Defendant
had failed in any duty to provide workable tools. Counsel further submitted that the Defendant
had in fact been magnanimous, having paid the Claimant's salary for over a year
notwithstanding his incapacity, in that although the accident occurred on 24
November 2019 the Defendant continued to pay the Claimant's full salary until
June 2020 and thereafter paid the sum of N18,944 until December 2020. Turning
to the authority of Adikwe v. Tetrazini Foods Ltd. (2014) 45 NLR 83 at
106-107 para G-A relied on by the Claimant, Counsel argued that it in fact
supports the Defendant, because the Defendant never owed the Claimant for work
actually done, and all the claims for unpaid money relate to a period during
which the Claimant did not work, a worker not being entitled to wages for work
not done. Counsel pointed out that,
according to the Claimant's Offer of Appointment, the Claimant's medical
allowance was N10,000 per annum, which was included in the Claimant's salary at
the time he sustained the injury and stopped working. He further submitted that
the Claimant's claim to have spent N350,000 on the treatment of his leg was
unfounded and unproved, there being no receipt to support it. Counsel argued
that facts not proved go to no issue, relying on S.F. & P. Ltd v.
N.D.I.C (2012) 10 NWLR (Pt. 1309) Pg. 419-627 for the proposition that
pleadings on which no evidence is led go to no issue. On the same authority of S.F.
& P. Ltd v. N.D.I.C (supra), he contended that the Claimant's claim of
N500,000 as legal fees paid to the Office of the Public Defender was equally
unproved, there being no receipt to establish it. In conclusion, Counsel submitted that the
Claimant had failed to establish his reliefs against the Defendant, and urged
the Court to dismiss the suit with substantial costs against the Defendant.
COURT’S
DECISION
8. Having gone through the issues raised and
argued by the parties, I am satisfied that both parties have converged upon one
and the same question, namely, “whether the Claimant has established his
entitlement to the several reliefs he seeks”. I adopt the same issue in order
to resolve the dispute between the parties in this suit. The controversy in this suit turns entirely
on whether the Claimant, upon whom the burden lies to succeed on the strength
of his own case notwithstanding the Defendant's election not to file a defence,
has by credible evidence made out each of the heads of claim. As stated in Okonkwo v. Ezeonu & Ors
(2017) LPELR-42785(CA)
Per BOLAJI-YUSUFF JCA Pg. 7 at Para C-F:
The Law is settled that the onus is on the Plaintiff to
prove his case with cogent and credible evidence. Where a Defendant fails to
file a defence or lead evidence to rebut or challenge the evidence led by the
plaintiff, the onus on the Plaintiff is discharged on a minimal proof ...
Therefore, though the Defendants led no evidence in their defence in
relation to this case, it is the law that judgment would only be given to the
Claimant on the strength of his case, not on the absence or weakness of the
Defence - Balogun
v. Labiran (1988) NWLR (Pt.80) 66. See also Ogunyade v.
Oshunkeye (2007) 15 NWLR (Pt. 1057) 218. I therefore proceed to evaluate each relief on
its merits.
8. Relief 1 is for arrears of salary
(N776,686.37). The Claimant's evidence,
supported by Exhibit C8 (Zenith Bank statement), establishes non-payment/underpayment
of salary from July 2020. Crucially, the Claimant's employment was never
terminated by the Defendant, nor did he resign. In the case of Mr. Salau
Saheed Lekan v. Dangote Cement Plc Suit No: NICN/LA/551/2019 judgment
delivered on Tuesday 27th July 2021, this Court held that:
This Court has held in the past that where the Defendant
fails to communicate any termination to the employee, the Claimant continues to
be a staff and is entitled to his salary until judgment or until formal
termination. See Afi Nelson Ogba v. Nigeria Maritime Administration and Safety Agency Suit
No. NICN/LA/519/2016 judgment which was delivered on 4TH March
2019. In Mrs Emmah Momodu (substituting Alfred Aletor Momodu, Deceased) v.
Pinnacle Oil & Gas Limited Suit No: NICN/LA/338/2018 delivered on 20th
July 2020; this Court held that:
The particulars for the arrears of
salaries are stated to be from August 2013 to June 2018 – a period of 59
months. I have already found that the
Claimant was on suspension till April 2016 when he presented himself to work
and was refused entry. The requirement
for a letter of dismissal or termination was to convey to the Claimant that his
employment had come to an end; that was achieved when the Defendant did not
allow the Claimant to return to work. It
was obvious to the Claimant that his employment had come to an end.
19.
In this case, I have found that there is no evidence from the Defendant
showing when it conveyed to the Claimant that his employment had ended. However, Claimant by evidence showed that he
was never terminated. By the time the
Claimant instructed his lawyer to write to demand for his salary and for
compensation; I find that by then, it had become obvious to the Claimant that
the Defendant had repudiated. That was
on the 29th of August 2018.
In the
circumstances of this case, the Claimant continued to be an employee of the
Defendant and was therefore entitled to his salary for the period claimed. This relief (1) therefore succeeds. The Defendant is ordered to pay to the
Claimant the sum of N776,686.37 (Seven Hundred and Seventy-Six Thousand Six
Hundred and Eighty-Six Naira Thirty-Seven Kobo) being accumulated arrears of
salaries owed the Claimant by the Defendant from July 2020 to July 2022.
9. On relief 2; the evidence in Exhibit C7
(Stanbic IBTC PFA statement) and the unchallenged averments establish that the
Defendant deducted pension contributions from the Claimant's salary but failed
to remit both the employee deductions and its counterpart contributions to the
Claimant's RSA, contrary to the Pension Reform Act, 2004 and the Pension Reform
Act, 2014. Non-remittance of deducted
pension is a serious statutory breach. An employer who deducts an employee's
pension and fails to remit it holds those sums in a fiduciary character and is
bound to remit same, together with the counterpart contributions and penalties
prescribed under Section 11(6) and (7) of the Pension Reform Act, 2014. Relief 2 succeeds. The Defendant is ordered
to remit the sum of N511,287.21 to the Claimant's RSA with Stanbic IBTC Pension
Managers, being unremitted cumulative pension (employee deductions and
counterpart contributions).
10. Reliefs 3 and 5 – Cost of Treatment
(N350,000) and Cost of Surgery (N655,000).
These are special damages and must be strictly pleaded and proved. In
respect of Relief 3 (N350,000), the Claimant admitted under cross-examination
that he has no receipts evidencing the sums expended. Special damages are not
established merely by assertion; they require particularisation and credible
proof: S.F. & P. Ltd v. N.D.I.C (2012) 10 NWLR (Pt. 1309) 419. In
the absence of receipts or corroborative documentary proof, Relief 3 is not
proved and is refused. In respect of
Relief 5 (N655,000), the Claimant tendered Exhibit C5, the assessment for
surgery dated 20/6/2022 from Osho Medical Center, which was transmitted to the
Defendant and not disputed. However, a sum not yet spent, resting on an
untested proposal for a future operation, is not a loss the Claimant has
suffered; it is at most a prospective expense. Whether the Defendant can be
made to bear it depends entirely on whether the Defendant is legally liable for
the injury in the first place, which is the question raised by the compensation
claim. The fate of that relief will take
care of this relief five. Relief five is
therefore refused.
11. Relief 4 – Compensation for Injury
(N15,000,000). The Claimant claims
N15,000,000 as compensation for injuries sustained "in the course of
work." The Defendant contends (a) that the injury was self-inflicted
through the Claimant's own negligence; (b) that the Claimant failed to prove
any breach of duty, such as that the motorcycle was faulty; and (c) that mere
occurrence of injury in the course of employment does not, without proof of
breach, ground compensation. I have
considered these submissions. A claim founded on the common law of employer's
negligence would indeed require proof of a duty, breach and resulting damage.
The Claimant led no evidence that the motorcycle was defective or that the
Defendant failed in any specific duty of care in that regard. The Claimant did not raise any allegation of
negligence against the Defendant. The proper
framework for an injury arising in the course of employment in Nigeria is the
Employees' Compensation Act, 2010 (ECA), which establishes a no-fault
compensation regime. Under the ECA, an employee who suffers injury arising out
of and in the course of employment is entitled to compensation without the need
to prove negligence or breach of duty on the part of the employer. The Act
obliges employers to make contributions to the Employees' Compensation Fund
administered by the NSITF, precisely to obviate the very burden the Defendant
now seeks to place on the Claimant. On
the evidence, the accident occurred while the Claimant was proceeding to work
in the early hours, consistent with Exhibit C1 which contemplates work outside
conventional hours for a Circulation Clerk (Breaking News). The Defendant
admits it maintained no Employee Compensation Scheme and no accident insurance
for the Claimant. An employer who has neglected its statutory obligation to
insure or provide for compensation cannot be heard to escape liability by
demanding proof of common-law negligence from the injured employee. That said, the sum of N15,000,000 is
unsupported by any actuarial or statutory computation of the degree of
permanent partial/total incapacity, loss of earning capacity, or the tariffs
contemplated under the ECA. Compensation must be reasonable and proportionate,
not arbitrary. Taking into account the nature of the injury (a broken leg
impairing the Claimant's capacity to ride and thereby perform his core duty),
the continuing pain, the impairment of his earning capacity, and the
Defendant's statutory default, I assess compensation in the reduced and
reasonable sum of N10,000,000. Relief 4 succeeds to that extent. The Defendant is ordered to pay to the
Claimant the sum of N10,000,000 (Ten million Naira) being compensation for the
injuries sustained by the Claimant in the course of work.
12. Relief 6 – General Damages (N5,000,000). The Claimant seeks general damages for
financial hardship and socio-economic discomfort arising from the unpaid
pension arrears. Having ordered remittance of the pension under Relief 2, and
mindful that the Pension Reform Act itself prescribes penalties for
non-remittance under Section 11(6) and (7), I consider a modest award of
general damages appropriate to reflect the Defendant's persistent breaches of
the Pension Reform Act, while avoiding double compensation. I award general
damages in the sum of N1,000,000. Though
represented by Office of the Public Defender, the Cost of this suit is assessed
at N500,000 as claimed as the Claimant comes to Court at his own cost and is
said to have paid filing fees.
13. For avoidance of doubt; the Court Orders are
as follows:
a. Relief 1 succeeds. The Defendant is ordered to pay to the
Claimant the sum of N776,686.37 (Seven hundred and seventy six thousand six
hundred and eighty six Naira thirty seven Kobo) being accumulated arrears of
salaries owed the Claimant by the Defendant from July 2020 to July 2022.
b. Relief 2 succeeds. The Defendant is
ordered to remit the sum of N511,287.21 to the Claimant's RSA with Stanbic IBTC
Pension Managers, being unremitted cumulative pension (employee deductions and
counterpart contributions).
c. Relief 3(N350,000) is REFUSED for want of
proof;
d. Relief 4 succeeds partially. The Defendant is ordered to pay to the
Claimant the sum of N10,000,000 (Ten million Naira) being compensation for the
injuries sustained by the Claimant in the course of work.
e. Relief 5 is refused.
f. On Relief 6; the Defendant shall pay the
Claimant general damages of N1,000,000;
g. Relief 7 - the Defendant shall pay costs of N500,000 to the Claimant.
h. All
monetary sums awarded shall be paid within 30 days of this judgment, failing
which they shall attract interest at the rate of 10% per annum until fully
liquidated.
Judgment is entered accordingly.
…………………………………
Hon.
Justice (Prof.)Elizabeth A. OJI