The Presiding Judge, Calabar Judicial division of the National Industrial Court, His Lordship, Hon. Justice M. N. Esowe has dismissed the suit filed by Mr Charles Udoh against Ecobank Nig. Ltd for lacking merit.
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The Court held that Udoh’s did not lead any evidence or point the Court to any provision in the bank Handbook which can aid as a yardstick in calculating the claimed severance pay.
From facts, the claimant- Charles Udoh had submitted that after the end of his employment that the Bank paid gratuities, less deductions, into his account and blocked same bank account thereby denying him access to it, and further that his severance pay is yet to be paid.
In defence, the Defendant- Ecobank submitted that the Udoh’s bank account was blocked because as at the time his employment was terminated, he failed to execute Exit Clearance that when he complied, his account was unblocked and has since started having access to his bank account.
The defendant further submitted that the severance pay claim was only paid to those who were involved in a mass exit exercise undertaken by the bank’s management, that Claimant has been paid all his gratuities urged the Court to dismiss the case with the punitive cost.
In opposition, the Learned Counsel to Claimant SAM ONAH Esq submitted that Claimant has proved his entitlement to the sum of N40,000.000.00 as severance pay, urged the Court to grant the relief sought in the interest of justice.
Delivering the Judgment, the presiding Judge, Justice Esowe held that a party who seeks judgment in his favour must produce evidence in support of his pleadings that the Court is bound to act on evidence before it and not allowed to rely on other extraneous matters.
“From the evidence adduced by the Claimant before this Honourable Court, there is nothing sufficient enough to satisfy the Court that Claimant is entitled to the sum of N40,000,000.00 (Forty Million Naira) as his severance pay if any.
“On the second instance, the Claimant did not lead any evidence or point the Court to any provision in the Handbook which can aid as a yardstick in calculating the severance pay of the Claimant.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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