The National Industrial Court (NIC) has denied an application filed by TOTAL E&P Nigeria Ltd (TEPNG), asking the court to stay proceedings in the N5 billion suit instituted by a former worker, Aralu Steve, against the company.
Aralu worked with TOTAL for about 11 years and was injured in a work place accident in 2011, which rendered him unemployable.
Ruling on the application, Justice Oyeyoju Oyewunmi held that the oil company failed to comply with the rules of the court, which required TOTAL to transmit records of proceedings to the Court of Appeal before seeking stay of hearing.
The court said to grant stay of proceedings would do more harm than good, considering the health of the claimant.
Justice Oyewunmi, while granting the request of the claimant for accelerated hearing of the suit, adjourned the matter till April 2 and 3 for definite hearing.
The claimant, a laboratory supervisor, in his amended statement of claim filed by his lawyer, Oviemuno Obobolo, said on December 10, 2008 while carrying out chemical injection monitoring and pumps adjustment at the Obagi Flow Station, owned by the defendant (TOTAL E&P Nigeria), he received a splash from one of the chemical injection.
He said prior to the accident, he discovered that the pump had malfunctioned and drew the attention of the defendant to it during the daily heads of departments meeting, which he attended as the laboratory supervisor.
The claimant said in line with the defendant’s safety tips instructions, his colleagues applied water to flush his face and other affected parts.
He said after his summary discharge from the defendant’s sick bay, the condition of his left eye deteriorated such that he was constrained to seek medical attention at Opti-vue Eye-care Ltd and later at the University of Port Harcourt Teaching Hospital.
He said the accident left him temporarily blind for about five days and to his surprise, the defendant allegedly did not reach out to him or assisted him in any way.
The claimant averred that tests conducted on him showed an inflammation of his liver, coupled with growth from within and loss of vision.
He said fearing that he might die of acute pain, he sought financial assistance from friends and relatives and travelled to Mumbai, India for further treatment.
While in India, the claimant said he was subjected to tests, which showed a tumour growth in his left eye, adding that the implication was that he was on the verge of having cancer of the eye.
