News

December 14, 2010

S’Court orders ExxonMobil to settle sacked guards

By Ikechukwu Nnochiri
ABUJA — Reprieve may soon come the way of over 860 security guards who were earlier relieved of their duties by ExxonMobil, as the Supreme Court ,Tuesday, ordered the company to settle them before January 17.

The sacked guards had approached the apex court, contending that it was unjust for the oil giant to arbitrarily sack them from work after working for it for over 13 years.

The aggrieved guards specifically asked the Supreme Court to determine their employment status, claiming that they were directly employed by the company and should, therefore, be entitled to benefits accruing to other members of staff in the ExxonMobil.

The oil company in it defence, prayed the apex court to dismiss the suit, insisting that the sacked officers were merely appointed as spy police and should, therefore, depend on the Nigeria Police for their entitlements.

The appeal court had in its ruling over the matter, ordered Exxon Mobil to consider the plaintiffs (the guards) as their employees and  extend all benefits, rights, emoluments, privileges, immunities, conditions of service and all legitimate protections accruing to other members of staff to them.

In a unanimous judgment delivered by three Justices of the court, Justice Ngolika Orji-Abadua, Justice Kuma Akaah and Justice Jean Omokri, the court had said the security guards were not members of the police since the circumstances, nature, procedure and methods of their employment were not in harmony with Sections 18, 19, 20 and 21 of the Nigeria Police Act.

Also, the court had said that considering the contract of employment the workers entered into with the company, “the plaintiffs are not members of staff of the Nigeria Police, and the plaintiffs are therefore not entitled to be called supernumerary policemen nor to wear or use police uniform or any police kit or insignia calculated to show or portray the plaintiffs as policemen.”

The judgment had further ordered Exxon Mobil to stop compelling the guards to sign a document entitled, “Mobil Producing Nigeria Status Agreement for Supernumerary Police Service Conditions,” as “same seeks to contravene or breach the provisions of section 18 of the Police Act.”

Dissatisfied with the judgment, the company took the case to the Supreme Court; only to latter seek an out of court settlement with the aggrieved guards.

At the resumed hearing of the matter, which was billed for a report of settlement, the plaintiffs told the high court that the company was yet to do anything about their case.

This infuriated presiding Justice Dahiru Musdapher who criticized the company for defaulting against its pleadings before the court.

He said, “There are no jobs, people are suffering. Why don’t you reinstate them; give them job. We all know what is happening in this country. You are Mobil unlimited.  Think about the welfare of these people. They are Nigerians and you should consider them.

“How can you push these people to the police? If they had come by writ of summons you would have been in trouble.

“Tell me anywhere in the world where this kind of things happens? Even the government of this country should not have allowed this kind of situation if we have a government, which cares about its citizens. Go and talk and talk to them. On the January 17, I want to hear from you that the matter is settled. The police should also help these people to get them reinstated.”

The lawyer to the sacked employees, Mr. Olusola Salawu from the chambers of Mr. Femi Falana, informed the Court that there had been no commitment from the firm saying, “We made a proposal to them, and they strongly refused our proposals.”

But defence lawyer representing Exxon Mobil, Mr. Frank Chude, said the terms stated in the proposal were unacceptable.