A National Industrial Court sitting in Lagos, yesterday, adjourned till April 2, 2025, hearing in an application by Total E & P Nig., (formerly Elf Petroleum Nigeria Limited) for the court to depart from its rule on payment of judgment debt into the Account of Registrar of the court in the event of an appeal.
Justice Elizabeth Oji in her judgment delivered on January 30, 2024, had ordered Total E & P Nig to pay disengaged security employees of the company the sum of N50 million as aggravated damages for inflicting psychological, and mental torture on them.
The trial court described as callous and insensitive, the refusal of 1st defendant (Total E & P Nig.) to issue the claimants employment letters for about 15 years they worked in the company in accordance with Labour Act.
The court gave Total E & P Nig., 30 days within which to comply with the order, failing which it will attract interest of 20 percent.
The claimants, Odah Ezckiel Ogah, Adefemi Eyitayo Moses, Ogwuche Abraham, Charles Okwori (for themselves and on behalf of the disengaged Security Employees of Total E & P Nigeria Limited) had accused the oil company of unfair labour practice.
Other defendants alongside Total E& P Nigeria Limited were Transworld Security System Limited, Bemil Nigeria Limited, Halogen Security Nigeria Limited, Lack Guards Security Limited, and Kings Guards Security Limited.
The rule of the court provides that in the event of an appeal arising from a judgment sum, the judgment debtor must pay the money into the account of the Registrar of the court, pending the outcome of the appeal.
At the hearing in the matter, yesterday, counsel to the judgment debtor asked for a short adjournment to respond to a reply by the judgment creditors’ counsel, Mr. Ali Adah, who had opposed the application.
Recall that the claimants at the trial level, had asked the court for a declaration that the unilateral transfer of the Claimants’ employment to five different companies ( 2nd to 6th defendants) at different times by the 1st defendant within a period of about 15 years without their consent and the endorsement/approval of such transfer by any authorised labour officer is illegal, unlawful and unfair labour practice and therefore a breach of section 10 of the Labour Act of Nigeria and international best practices with impunity.
They had also asked for “a declaration that the refusal and neglect by the 1st defendant to issue letters of employment to the claimants despite repeated demands for same by the claimants without success is illegal, unlawful, unfair labour practice, a breach of international best practices and therefore, a violation of section 7 of the Labour Act and liable under section 21 of the same Act.
However, the 1st defendant in its defence alleged that it was not the employer of the claimants but the 2nd to 6th defendants.
The 2nd to 6th defendants denied being the employers of the claimants.
