The National Industrial Court of Nigeria, sitting in Owerri, has awarded N7.8 million compensation in favour of Mr. Kinsley Antai, a former Shipping Operations and Business Development Manager at MFN Port Services Ltd, for injuries sustained in the course of his employment.

In the judgment delivered by Justice Nelson Ogbuanya, the court found that Antai, who was employed by the first defendant, a subsidiary of ACI Holdings Limited, had suffered an accident on his way to work in September 2021.

The injury rendered him unfit to continue working, yet his employer allegedly abandoned him without providing medical care and subsequently terminated his employment without due notice or salary in lieu of notice.

The claimant had sought multiple reliefs, including N550,000 as one month’s salary in lieu of notice, N265,000 for medical expenses, N4 million for inhumane treatment and unfair labour practices, and N3 million as legal costs.

He also requested an order compelling the defendants to finance his overseas medical treatment. Justice Ogbuanya, in his judgement, noted that the defendants failed to file any defence or provide a statement of defence to dispute the claims, making the claimant’s evidence unchallenged, and that the defendants’ counsel rather presented material facts as evidenced in his final written address.

The Judge criticised the defence counsel for attempting to introduce new material facts during the final written address, a practice he described as improper and unacceptable in trial advocacy.

He held that a counsel is not allowed to present new facts and evidence in the final written address, based on the principle that the brilliancy of counsel in his written address does not substitute or amplify facts and evidence not presented in the trial proceedings.

The court emphasised that an employer has a duty of care to an employee injured in the workplace and in the course of duty, which includes injuries sustained even on the way to work, going by the labour law principle of employers’ liability for injury sustained by an employee in the course of duty.

While granting most of the claimant’s reliefs, the court, however, declined the request for overseas medical treatment, citing insufficient evidence that such treatment was unavailable in Nigeria.