General
Court Orders BEDC, NELM to Pay Ex-PHCN Staff N21.8m
The Nigeria Electricity Liability Management Ltd (NELM) and the Benin Electricity Distribution Company (BEDC) have been directed to pay the sum of N21.8 million to a former employee of the defunct Power Holding Company of Nigeria (PHCN), Mr Olufemi Bamidele.
The Presiding Judge of the Benin Division of the National Industrial Court, Justice Adunola Adewemimo, in his ruling, said the two organisations must pay the amount within 30 days.
Justice Adewemino said awarded N1.794 million to the former staff of the collapsed national electricity firm as cost of his medical bills in special damages, while the N20 million was awarded as general damages against the defendants.
According to the court, NELM took over the management and settlement of the PHCN, while BEDC took over the distribution of electricity in Ondo State that both sprouted out from the defunct PHCN and have a stake in the matter.
The claimant, Mr Bamidele, was employed as a Contract Staff by the defunct PHCN in 2008 and his appointment was formalised. He averred that on September 10, 2013, in the course of duty, he was injured and the incident left him unconscious and was treated for burns and other complications.
He averred further that some of his colleagues and officers in his cadre, who were not retained after the privatisation of PHCN, were paid off and got an average of N2 million as a result, but received nothing from the management of the company.
He pleaded further that he was never officially laid off at any point in time, but the company refused to absorb him back into its employment after the accident.
He claimed that he was subjected to the worst form of neglect and injustice by the defendants, ranging from non-payment of his medical bills to tactical lay off with his requisite entitlements left unpaid and no compensation for his permanent incapacitation and psychological trauma.
In response, the first defendant, NELM pleaded that the claimant went outside his official duties on the day of the incident as he was not authorised to rectify faults and he neither sought approval nor notify the office before embarking on the job that resulted in his injury.
The agency further added that the claimant did not take into consideration his safety as required of staff on field assignments and failed to take adequate measures that all their legitimate employees were paid off during the privatisation exercise that claimant was a contract staff and his employment was never formalised and not entitled to any of the reliefs sought.
On its part, the second defendant, BEDC, asserted that it did not inherit the liabilities of the defunct PHCN, and added that proper parties were not before the court, and no reasonable cause of action was disclosed against it, emphasising that the court lacked jurisdiction to entertain the suit.
In response, the claimant submitted that a panel was set up after the accident to verify if he had his safety equipment on at the time of the incident, and a report was equally issued confirming same.
Delivering judgment after careful evaluation of the submissions of both counsels, the trial judge held that the argument of the first defendant that the claimant’s appointment was never confirmed and formalised as a legitimate staff of the company at the time of the incident cannot exonerate them and will not preclude the defendants’ liability.
“It is clear that by the nature of the relationship between the claimant and the company, a service relationship exists, the general requirement of law is where there exists a service relationship between the employer and the employee, the former is under a duty to take reasonable care of the safety well-being of the latter in all circumstances of the case, so as to forestall any harm to others or expose him (employee) to unnecessary risk.
“The contention of the defendants’ witnesses that the claimant was issued safety gears which he did not use was not substantiated by credible evidence. The claimant has on the balance of probabilities established before this court that the defendants owed him a duty of care that was not exercised after the injury he sustained,” the judge ruled.
However, the Justice Adewemimo held that claimant did not place anything before the court or adduce any credible evidence on his entitlement to the said sum of N2 million as he did not also call any evidence from his colleagues to prove that they were indeed paid the said amount.
By Adedapo Adesanya
The Department of State Services (DSS) has arraigned the former Attorney General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami, and his son, Mr Abudlazizz Malami, on a five-count charge of abetting terrorism financing and illegal possession of firearms.
They were arraigned before Justice Joyce Abdulmalik of the Federal High Court in Abuja, where they pleaded not guilty to the charges.
In the charge, the former AGF was accused of knowingly abetting terrorism financing by refusing to prosecute terrorism financiers whose case files were brought to his office as the AGF in the last administration for prosecution.
Recall that the secret police had arrested Mr Malami, shortly after his release from Kuje prison in Abuja more than two weeks ago after Justice Emeka Nwite of the Federal High Court in Abuja granted him and two others bail in the sum of N500 million in another case involving the Economic and Financial Crimes Commission (EFCC).
Mr Malami and his son are also accused by the DSS of engaging in conduct in preparation to commit act of terrorism by having in their possession and without licence, a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5’20 live rounds of Cartridges and 27 expended Redstar AAA 5’20 Cartridges.
His arrest in January followed weeks of reports of surveillance by the secret police in front of the prison facility since the time Mr Malami, his wife and son were remanded there over the money laundering charges.
As per reports, Mr Malami had gathered that he would be picked up upon regaining his temporary freedom and so decided to wait out the DSS. However, after his eventual emergence, the operatives took the ex-AGF into detention again.
By Adedapo Adesanya
The Lagos State Waterways Authority (LASWA) has initiated an inter-agency partnership with the Centre for Rural Development (CERUD) to establish the Coastal Community First Responder Programme (CCFRP).
The first responder programme is aimed at promoting safe and secure transportation across Lagos waterways.
The initiative was unveiled during a meeting between a LASWA delegation and officials of the Ministry of Local Government, Chieftaincy Affairs and Rural Development at the secretariat in Alausa.
Leading the LASWA team, Mr Olademeji Shittu said the programme is designed to reduce fatalities and material losses on Lagos waterways, particularly in hard-to-reach coastal communities.
According to Mr Shittu, the CCFRP will focus on empowering community volunteers through targeted capacity building for sustainable rural development, while also equipping them with relevant skills that can enhance employability within the maritime sector.
He noted that trained volunteers will serve as community-based first responders, working in close collaboration with LASWA to strengthen search and rescue operations.
Providing the rationale for the programme, Mr Shittu highlighted the recurring cases of marine incidents and fatalities on Lagos waterways, often worsened by delayed emergency response in remote coastal areas.
He explained that residents of these communities are usually the first on the scene during accidents, making it necessary to formalise their role through structured training and partnerships.
He added that the collaboration with CERUD will help create a sustainable framework that aligns community development with safety and emergency response, while fostering a sense of ownership and responsibility among coastal residents.
According to a statement, the Coastal Community First Responder Programme is expected to enhance emergency preparedness on Lagos waterways, improve response times during marine incidents, and contribute to safer water transportation across the state.
By Adedapo Adesanya
The Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) have suspended their planned protest in the Federal Capital Territory and instructed workers under the Federal Capital Territory Administration (FCTA) to return to their duties with immediate effect.
The directive followed an overnight engagement involving labour leaders, the Minister of the FCT, Mr Nyesom Wike, and members of the Senate Committee on the FCT.
The meeting, which began late on Monday, stretched into the early hours of Tuesday, culminating in an agreement that led to the unions’ decision to halt the protest action and restore normal activities across FCTA offices.
This comes after Justice Emmanuel Subilim of the National Industrial Court issued an interim order restraining the NLC, TUC, and three others from embarking on any form of industrial action or protest.
Ruling on an ex-parte application filed by the Minister of the FCT and the FCT Administration, Justice Subilim granted an interim order restraining the 1st to 5th respondents and their privies or agents from embarking on strike pending the hearing of the motion on notice, also ordering the 5th-9th defendants who are security agencies to ensure no break down of law and order.
The ex-parte motion, which was filed by the counsel to Mr Wike and the FCTA, Ogwu Onoja, submitted that the Chairman of the FCT council had sent a message of mobilization to members and affiliated unions for a mass protest scheduled for February 3.
This move, he noted, was in violation of the orders of court, adding that after the ruling of the court on January 27, the order of the court was served on the defendants, same day the NLC and TUC issued a statement to all affiliated unions to intensify and sustain the strike.
The statement jointly signed by both unions directed that the striking workers should resume the strike as the unions’ counsel, Mr Femi Falana, has filed an appeal against the interlocutory ruling.
He further pointed out that With the statement, JUAC issued a circular directing all employees to continue the strike.
This position they say is aimed at causing break down of law and order in the Nations capital.
The court subsequently adjourned the case until February 10 for hearing.
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