Law & Human Rights

December 19, 2013

Employees sue company over termination of appointment

By Abdulwahab  Abdulah
Three former employees of a  Lagos based aviation company, Caverton Helicopters Limited have dragged the company and its Business Development Manager, Mr. Lolade Makanjuola before an Ikeja High court for alleged wrongful termination of appointment, unlawful arrest and detention.

To this end, they were praying the court presided over by Justice Oludotun Adefowope-Okojie  to declare that their alleged arrest and detention were illegal. Already the Court has fixed January 27, 2014  to determine whether or not it has jurisdiction to hear the suit.
The claimants led by Mr. Ebere Joshua Sokwa have sued Caverton  and its Business Development Manager for wrongful termination of appointment, unlawful arrest and detention.

At the last hearing of the matter, the defendants, through their counsel, Mr. Akinwale Irokosu, had filed an application in which they challenged the jurisdiction of the court to entertain the suit.
Citing relevant provisions of the Constitution and the Trade Union Act(third alteration) 2011, they had told the court that by this new law, the matter was an industrial one which could only be heard by the National Industrial Court (NIC).
In a writ of summons filed by their counsel, Akinwale Bajepade, the claimants, jointly and severally, are claiming N80 million as general damages for alleged unlawful arrest, detention, humiliation, embarrassment, harassment, slander and false imprisonment for between one and seven days at Area ‘A’ Police Command, Lion Building, Lagos Island.

They therefore prayed the court for an order of perpetual injunction restraining the defendants either by themselves, agents, servants or privy not to interfere, disturb or hinder the peaceful enjoyment of some properties acquired while in the employment of the company.
They are also asking for unpaid salary arrears, three month’s salaries in lieu of notice, refund of contributions made to the National Housing Fund and Pension Fund and certificate of 5,000 units of shares issued to members of staff by the company.

The first claimant specifically and in addition, prayed the court to order the defendants to release and give up possession of some properties including a Toyota Avensis salon car marked AX 799 FKJ, HP 17 inch DV7 Laptop Computer, N550,000, 100 dollar cash among others.
In their 85 point statement of claim, the claimants denied being involved in any fraud while in the employment of the first defendant.

The defendants, in their 42-paragraph statement of defence and counter-claim denied the claims and the knowledge of what transpired between the police and the claimants while they were at the Lion Building, pointing out that they only reported their suspicion of the claimants’ activities within the account department as responsible citizens.
“After the complaint to the police, the matter was outside the defendants’ sphere of authority or control and could not direct how the investigation or interrogation was to be carried out.” They stated.