The National Industrial Court in Lagos has ruled that Total E & P Nigeria (formerly Elf Petroleum Nigeria Limited) must pay a total sum of N50 million as aggravated damages to disengaged security employees. The employees, represented by Odah Ezekiel Ogah, Adefemi Eyitayo Moses, Ogwuche Abraham, and Charles Okwori, had accused the oil company of unfair labour practices.
Justice Elizabeth Oji, in her judgment, described Total E & P Nigeria’s actions as “callous and insensitive” for refusing to issue employment letters to the claimants during their 15 years of service, a violation of the Labour Act. The court has given Total E & P Nigeria a 30-day deadline to comply with the order, and failure to do so will incur a 20 percent interest.
The claimants, through their lawyer Ali Adah, sought a declaration that the unilateral transfer of their employment to different security companies without their consent over 15 years constitutes illegal, unlawful, and unfair labour practices.
They also demanded a declaration that Total E & P Nigeria’s refusal to issue employment letters despite repeated demands is a breach of international best practices and a violation of the Labour Act.
The defendants named alongside Total E & P Nigeria include Transworld Security System Limited, Bemil Nigeria Limited, Halogen Security Nigeria Limited, Lack Guards Security Limited, and Kings Guards Security Limited.
“A declaration that the conspiracy among the defendants to enslave, neglect or ill-treat the Claimants under a clandestine working condition for so many years for the 1st defendant without any terminal benefit entitlement paid to them is wicked, unconstitutional, illegal, unlawful, wrongful, unfair labour practice and breach of international best practices and therefore an arrogant breach of section 46 (1) of Labour Act and liable under the same section,
“A declaration that the conspiracy between the 1st and 2nd defendants to recruit the claimants to work for the 1st defendant and the sole advancement of the 1st defendant’s business interest benefit without the requisite employers permit and recruiter’s license, and from which the claimants have been subjected to ill-treatment, neglect, and psychological torture is unconstitutional, fraudulent, unfair labour practice and therefore a willful violation of sections 24 and 25 of the Labour Act and under section 47 of the same Act”.
In a legal twist, Total E & P Nigeria (formerly Elf Petroleum Nigeria Limited) faced a setback as the National Industrial Court dismissed its claim that it was not the employer of disengaged security employees, shifting the responsibility to the 2nd to 6th defendants. The 2nd to 6th defendants, in turn, denied being the employers of the claimants.
Justice Oji, in her judgment, deemed the continuous refusal by Total E & P Nigeria to pay the claimants their terminal benefits after downsizing them in 2014 and 2015 as illegal, unfair labour practices, and a violation of international best practices. The court declared this action unconstitutional, null, and void.
Continuing, the court emphasised that Total E & P Nigeria failed to provide evidence demonstrating a contractual relationship with any of the 2nd to 6th defendants, thereby undermining their claim of being the employers of the disengaged security employees.
In a critical observation, the court highlighted the oil firm’s inability to substantiate its averments, thereby failing to establish itself as the employer of the claimants. As a consequence, the court handed down a verdict, awarding a substantial sum of N50,000,000.00 as aggravated damages against Total E & P Nigeria.
