Adebayo Adenrele
The National Industrial Court of Nigeria, Akure Judicial Division, has ordred the Federal Road Safety Corps (FRSC), to pay an accrued sum of N5.1m to one Omopariola Olajide David, who was wrongfully dismissed from the Corps.
In a landmark judgment delivered, Hon. Justice K.D. Damulak declared his dismissal as unlawful, null, void and awarded the Claimant outstanding salaries, general damages and costs amounting to over ₦5.1 million, while directing the FRSC to satisfy the judgment within twenty-one (21) days, failing which the judgment sum shall attract 10% interest per annum until fully paid.
In Suit No. NICN/AK/26/2023, Omopariola Olajide David v. Federal Road Safety Corps, His Lordship, held that the action of the FRSC in terminating the Claimant’s employment was contrary to law and incapable of standing.
The Court further condemned the FRSC’s attempt to compel the Claimant to forfeit his accrued salaries and entitlements as a condition for reinstatement, holding that statutory employment rights cannot be waived under such circumstances.
Consequently, the Court entered judgment in favour of the Claimant and ordered the FRSC to pay the following sums:
- ₦4,488,400.00 being outstanding salaries from August 2012 to September 2020;
- ₦500,000.00 as general damages for the unlawful dismissal; and
- ₦200,000.00 as costs of the action.
The Court further directed that the judgment sum be paid within twenty-one (21) days, failing which it shall attract 10% interest per annum until the entire judgment debt is fully liquidated.
The successful prosecution of the case was led by Dr. A. A. Ikujuni leading O.B Adeyanju, T.M. Omolafe, S. Ayetomowo and E. Elisha, Counsels to the Claimant, whose meticulous advocacy resulted in the restoration of the Claimant’s legal rights after years of litigation.
According to Dr. Ikujuni, the judgment is not merely a personal victory for his client but a reaffirmation of the constitutional principle that every public institution, regardless of its status, must operate within the bounds of the law and respect the rights of its employees.
Dr. Ikujuni therefore called on the Corps Marshal and the Management of the Federal Road Safety Corps to comply fully and promptly with the judgment of the National Industrial Court.
He noted that voluntary compliance would demonstrate respect for the rule of law, preserve public confidence in the administration of justice and avoid the accumulation of post-judgment interest as well as further enforcement proceedings.
He further expressed appreciation to the Court for its painstaking consideration of the issues and reiterated that the decision serves as a reminder that statutory employment enjoys legal protection and that unlawful administrative actions by public authorities will not escape judicial scrutiny.
