The National Industrial Court sitting in Uyo, presided over by Hon. Justice Salisu Danjidda, has declared the Nigerian Ports Authority’s (NPA) failure to pay wages, allowances, and emoluments due to Mr. Kuje Godwin and 18 others, as well as its refusal to deploy them to their designated departments, unlawful and a deliberate breach of contract of employment and conditions of service.
The Court ordered the NPA to immediately deploy the claimants to their respective departments in line with their letters of appointment, place them at the appropriate cadre levels, and pay all outstanding salaries, allowances, yearly leave bonuses, Christmas bonuses, and other benefits accruing under their contracts from 1 April 2007 until the date of judgment.
In addition, the Court awarded ₦20 million in general damages and ₦2 million as costs of action against the NPA, citing the severe financial hardship caused by the prolonged non‑payment of salaries.
Justice Danjidda rejected NPA’s argument that the claimants were lawfully disengaged, holding that no valid termination was proved. The Court emphasized that their employment, having statutory flavour, could not be terminated without strict compliance with statutory procedure.
The claimants had argued that they were appointed as Technical Trainees in 2003 under pensionable service, completed their training in 2007, and were treated as full employees—receiving salaries, allowances, corporate IDs, and pension contributions. Despite this, NPA stopped payments from April 2007 without issuing termination letters, even though the claimants participated in staff verification exercises in 2006 and 2014.
NPA contended that the claimants were disengaged following directives from the Federal Ministry of Transport to close the Training School, and that the case was statute‑barred. However, Justice Danjidda dismissed this defence, noting that the Ports Act 1990 relied upon by NPA had been repealed.
The Court held that by paying salaries, issuing staff identity cards, enrolling the claimants in pension schemes, and failing to terminate their employment after probation, NPA had effectively confirmed their appointments by operation of law.
Justice Danjidda concluded: “The Defendant treated the Claimants as employees through various actions—payment of salaries, issuance of staff identity cards, pension contributions, and inclusion in staff verification exercises. These actions collectively indicate that the Defendant accepted the Claimants as full staff members by conduct.”
