Justice Faustina Kola-Olalere of the National Industrial Court (NIC), Port Harcourt Division, has declared the dismissal of Dr. Williams Abomaye-Nimenibo from the Nigerian National Petroleum Corporation (NNPC) as wrongful and illegal.
The court has ordered the NNPC to pay Dr. Williams Abomaye-Nimenibo N24.6 million in unpaid salaries for his suspension period, N600 million in exemplary damages, and N5 million for the cost of legal fees, all to be paid within two months.
Justice Kola-Olalere, in a judgement delivered in the suit marked NICN/PHC/149/2018, held that Dr. Abomaye-Nimenibo’s dismissal was not only wrongful but also contrary to the recommendations of an NNPC Ad-Hoc Committee.
The court noted that while the committee advised termination, the NNPC instead opted for dismissal, which was in breach of the NNPC Corporate Policy and Procedure Guide (CPPG) under which Dr. Williams was employed.
Dr. Abomaye-Nimenibo, who served as an Assistant Administrative Supervisor, claimed his dismissal was unjust, malicious, and without due process. He initially sought N25 billion in damages for breach of contract and unlawful termination.
The NNPC, in its defense, argued that Dr. Abomaye-Nimenibo was dismissed for gross negligence, alleging that his actions led to significant financial losses for the corporation. The corporation’s counsel insisted that the dismissal was consistent with the provisions of the CPPG, citing a letter dated February 15, 2018.
However, Dr. Abomaye-Nimenibo’s counsel, F.K. Amachree, contended that the NNPC failed to observe proper disciplinary procedures, denying his client a fair hearing.
He argued that after identifying the perpetrator of the fraud, the NNPC wrongfully targeted Dr. Abomaye-Nimenibo, who had served for over 30 years with no prior warnings or breaches of policy.
Justice Kola-Olalere found that the NNPC did not provide sufficient evidence to support its claims of gross negligence.
The court also noted that Dr. Abomaye-Nimenibo was entitled to his full salary for his first suspension from January 23, 2015, to May 9, 2016, and half of his salary during his second suspension from May 10, 2016, until his wrongful dismissal in February 2018.
“The claimant had served meritoriously since his employment in August 1991,” the judge stated. “For him to be dismissed without just cause, especially after years of promotions and commendations, is both outrageous and unjustifiable.”
The court ordered the NNPC to pay Dr. Abomaye-Nimenibo his terminal benefits as agreed in his employment contract, stating that his dismissal was a reckless act by the corporation.
