The National Industrial Court in Uyo, has ordered the Akwa Ibom State Polytechnic, the Akwa Ibom State Governor, and the state’s Attorney General to compensate a Senior Lecturer.
Justice Mahmud Namtari on Monday ruled in favor of the lecturer. He ordered the defendants to pay the plaintiff the sum of N21.3 million for unpaid salaries and entitlements.
The plaintiff, Rev. Enobong Bassey is a senior lecturer and Head of the Department of Estate Management in Akwa Ibom State Polytechnic.
Background
Rev. Bassey had claimed that he was appointed as a Senior Lecturer in the Department of Estate Management at the Akwa Ibom State Polytechnic on November 27, 2009.
Despite dutifully fulfilling his responsibilities as the Head of the Department, he had not received his salaries and entitlements.
He had made numerous appeals and requests for the release of his unpaid dues, all of which went unanswered.
In light of this, Rev. Bassey sought relief from the court.
Efforts by both parties to reach an out-of-court settlement were unsuccessful, the Polytechnic and the other two defendants failed to file their defense in the lawsuit.
Rev. Bassey’s Counsel argued that the defendants’ failure to present evidence in their defense was a presumption that they accepted the evidence presented against them.
Court’s Decision
In the judgment, Justice Namtari clarified that lack of evidence or defense does not automatically guarantee victory to Rev. Bassey.
He emphasized that evidence does not become credible solely because it remains unchallenged.
Nevertheless, Rev. Bassey met the minimum proof requirement to establish his entitlement.
The court held that Rev. Bassey’s appointment as Acting Head of Department and a letter of Commendation provided as evidence indicated that his employment was ongoing during the period in question.
Consequently, Rev. Bassey is entitled to the sum of N21,380,723.60 for salaries and entitlements covering the period from December 1, 2009, to July 2018.
Justice Namtari said that it was unconscionable for the Akwa Ibom State Polytechnic to employ Rev. Bassey’s services and not pay his salaries and entitlements.
As a result, the court awarded an additional N1,359,190.00 as damages, representing Rev. Bassey’s one-year salary.
Justice Namtari ordered that all payments awarded to Rev. Bassey against the defendants should be settled within 30 days.
