Seven years after he was wrongly disengaged, a father of four, Mr. Sonny Ekedayen, has gotten justice against the Bank of Industry (BoI).
Ekedayen was sacked by the bank in 2015 and got justice after suing the bank in Suit No NICN/LA/569/2015.
The applicant told the court that he was illegally asked to proceed on compulsory retirement at the age of 50 years, having also served for only 12 years as at November 20, 2015 when the incident happened.
In the ruling. Justice R.H. Gwandu of the National Industrial Court, declared that the 1st defendant (managing director) has no right or power to compel or force Ekedayen’s resignation with the 2nd defendant.
He also ordered that all his unpaid arrears and salaries and other entitlements from December 2015 when the suit was filed to date should be paid by the 2nd defendant within 30 days of the date of the judgment. Failure to do so, he said, would attract 10 percent interest on “your arrears of salaries and entitlements.”
The counsel to Ekedayen, Abimbola Akeredolu (SAN), told newsmen after the ruling that they got justice after years of waiting.
He said, “Subsequently, the judgment was entered in Sonny Ekedayen’s favour and the court granted all the reliefs he sought as the claimant in the suit, which are as follows: “A declaration that the 1st defendant (the 2nd defendant’s managing director) has no right and/or power to compel and/or force you to either resign from your employment with the 2nd defendant or proceed on voluntary early retirement therefrom.
“A declaration that the defendants have no right and/or power to dismiss and/or terminate his appointment with the 2nd defendant except in accordance with the provisions of your employment contract and conditions of service.
“An order of perpetual injunction restraining the 1st Defendant from compelling and/or forcing Sonny Ekedayen to either resign from your employment with the 2nd defendant or proceed on voluntary early retirement therefrom. “An order of perpetual injunction restraining the Defendants from dismissing and/or terminating his appointment with the 2nd defendant except in accordance with the provisions of your employment contract and conditions of service.
“A consequential order reinstating Sonny Ekedayen to the employment service of the 2nd Defendant. All his unpaid arrears and salaries and other employment entitlements from December 2015 when the suit was filed until date are to be paid by the 2nd defendant within 30 days of the date of this judgment. Failure to do so will attract 10% interest on your arrears of salaries and entitlements. “In arriving at its landmark decision, the court essentially established and upheld the following key principles (amongst others) of Nigerian employment law,” he said.
