Hon. Justice Sanusi Kado of the Calabar Judicial Division of the National Industrial Court has ordered the Auditor General for Local Government, Cross River State, and the Cross River State Universal Basic Education Board to pay Mr Ekuri the sum of N590,721 as unpaid salaries covering March 2021 to December 2021.
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The Court also ordered the Auditor General for Local Government, Cross River State, and the Cross River State Universal Basic Education Board to pay Mr Ekuri the sum of N1,240,514, being unpaid salaries for January 2022 to September 2023, calculated based on his last proven monthly salary before his name was removed from the payroll.
Justice Kado declined to award N10,000,000 exemplary damages, refused the request for promotion to Grade Level 13, and equally refused Mr Ekuri’s claim for cost of action, holding that those reliefs were not proved by credible evidence.
From facts, the claimant, Mr Bitty Ekuri, submitted that he was employed as a classroom teacher in March 2002 and rose to Grade Level 12 through diligent service. Mr Britty stated that his name was removed from the payroll in March 2021 due to an allegation of double salary. Mr Ekuri presented his bank statement as evidence, following an unfounded allegation that he had accepted a political appointment, despite having rejected the appointment and continued his teaching duties.
Mr Britty told the Court that all efforts to have his name restored and his salaries paid were unsuccessful until after the institution of the suit, when the defendants reinstated him on the payroll in October 2023 without settling the arrears owed to him.
In defence, Cross River State Universal Education Board elected not to file any statement of defence and informed the Court that they would rely entirely on the case of Mr Britty, while also failing to file any final written address.
Cross River State Universal Education Board did not deny removing the name of Mr Britty from the payroll, did not dispute the stoppage of his salaries, and did not challenge his evidence that he continued working throughout the period his salaries were withheld.
In a well-considered judgment, Justice Sanusi Kado held that the removal of Mr Britty’s name from payroll, thereby denying his means of livelihood, may amount to a violation of the claimant’s right to earn his livelihood, if unjustified, as Mr Ekuri has discharged the onus on him of minimal proof.
The Court ruled that the evidence of Mr Ekuri, which had not been contradicted even under cross-examination, is sufficient to prove Mr Ekuri’s claim for salary.
Based on the evidence before the Court, Justice Kado held that Mr Ekuri successfully proved his entitlement to unpaid salaries and ordered the defendants to settle the awarded sums within 30 days, failing which interest would accrue.
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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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