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The Presiding Judge of the Akure Judicial Division of the National Industrial Court, Hon. Justice Kiyersohot Damulak, has declared that Mr. Borode's employment was never terminated at any point in time by either the Olorin of Ekiti or Ido-Osi Local Government Area, Ido-Ekiti, Ekiti State.
The Court ordered the Chairman and Secretary of Ido-Osi Local Government Area, Ido-Ekiti, Ekiti State, to compute and pay Mr Borode his salaries from July 2013 to date within 30 days and thereafter until Mr Borode retires on 27/9/2025.
Justice Damulak held that Olorin of Ekiti's letter to Ido-Osi Local Government Area did not in any way purport to terminate the appointment of Mr Borode, as His Royal Highness was never the employer of Mr Borode and could not have terminated the employment of Mr Borode.
From facts, the claimant- Mr. Borode had submitted that he was employed as a driver by Ido-Osi Local Government Area by a letter of 22/5/2001 and his employment was confirmed by a letter dated 1/3/2004.
Mr. Borode averred that he enjoyed promotions up to senior driver grade, and he was assigned to His Royal Highness, and his salaries were paid regularly until the very month that his employment was illegally and unlawfully terminated without any explanation in July 2013.
Mr. Borode stated that the letter of termination dated 17/6/2013 was not addressed to him personally but to the Chairman of the Council, and he could not lay his hand on the original letter up till today, and the directive of the Ag. Director of Administration for his reinstatement into the Local Government payroll has not been effected up till today.
However, despite the service of court processes and hearing notices, the Council, Chairman, and Secretary of Ido-Osi Local Government Area chose not to defend the suit.
In a well-considered judgment, the Presiding Judge, Justice Kiyersohot Damulak reiterated that the failure of the Council, Chairman, and Secretary of Ido-Osi Local Government Area to file defence to the case signifies that only minimum proof is required of Mr. Borode.
On whether Mr Borode has proven any of his claims against the defendants, the Court held that Olorin of Ekiti's letter to the Ido-Osi Local Government Area was to return Mr Borode to the poll and did not in any way purport to terminate the appointment of Mr Borode as His Royal Highness was never the employer of Mr Borode and could not have terminated the employment of Mr Borode.
Justice Damulak held that the appointment of Mr. Borode was never terminated, as exhibit JLB 6, further establishes the fact that the appointment of Mr. Borode was not terminated, even as it is so in law.
The Court ruled that Mr Borode is entitled to be paid his salaries on grade level 6 step 2 from July 2013 to the date of judgment and thereafter till he retires on 27/9/2025.
Lastly, Justice Damulak awarded the sum of N500,000 as the Cost of action in favour of Mr Borode.
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