Hon. Justice (Prof.) Elizabeth Oji of the National Industrial Court, Lagos Division, has ordered Melrose Books & Publishing to pay its suspended employee, Ade, all outstanding salaries and allowances for nearly six years.
In her judgment, Justice Oji directed the company to pay Ade’s salary from October 2015 to June 2021 — a total of 68 months — at ₦60,000 per month, along with annual leave and medical allowances of ₦30,000 each per year within 30 days.
The court rejected Melrose Books & Publishing’s counterclaim of ₦12.2 million, ruling that the company’s allegations against Ade were not supported by any administrative or judicial finding.
According to court records, the company alleged that Ade, who was responsible for receiving and remitting payments, failed to account for over ₦18 million after an internal audit. Melrose claimed Ade admitted to a ₦12.2 million shortfall in a handwritten note and suspended him indefinitely for non-compliance after several extensions.
Ade, however, denied the allegations, stating that an external audit found no discrepancies and that he only signed an interim report under the belief it was procedural. He further claimed that the company failed to provide its bank statements for reconciliation as promised and suspended him two days after issuing a seven-day ultimatum.
He also told the court that he was later arrested but acquitted, arguing that the indefinite suspension without pay was unjust, unlawful, and a violation of his right to fair hearing.
Melrose Books maintained that Ade’s acquittal did not absolve him of civil liability and that he was not entitled to half-pay interdiction since his conduct amounted to gross misconduct.
But Justice Oji disagreed, ruling that Melrose’s arguments ignored modern labour principles that condemn indefinite suspension without pay and keeping workers in employment limbo.
The court held that since the company failed to prove Ade’s wrongdoing or establish a valid right to suspend him without pay, he remained an employee throughout the suspension period.
Justice Oji concluded that Melrose Books’ case lacked credible evidence, emphasizing that Ade’s request for an audit was never honoured before his suspension, and therefore the company’s claims had no legal foundation.
