Justice Sanda Audu Yelwa of the National Industrial Court of Nigeria(NICN) sitting in Lagos, has issued an order permiting virtual evidence in a N108 billion suit against Total Energies E & P Nigeria Limited (TEPNG) and its parent company, Total Energies SE (TOTAL ESE).
A former staff of the oil company, Dr Ayodeji Sasegbon, is the claimant in the suit against the oil company.
The claimant, Dr. Sasegbon, had instituted the suit against the oil company for wrongful termination of his appointment as a Process Engineer -Smart Room.
The ruling, delivered by Justice Yelwa, was sequel to a motion on notice by the claimant seeking for an order of the court to take the evidence of the claimant/applicant virtually.
The motion argued by Aniekan Obong who stood in for her principal at Strachan Partners Mr. Yemi Candide- Johnson, (SAN), contended that the claimant is in England where he is receiving treatment for debilitating illness and trauma occasioned by the shocking and devastating effect of the wrongful termination of his appointment by Total Energies.
Lawal Kazeem of Templars who represented the defendants had opposed the motion.
Justice Yelwa, however, granted the claimant’s prayer and adjourned the case to January 28, 2025 for hearing by Zoom.
In the main suit No. NICN/LA/155/2023, Sasegbon, is asking the NICN to award him a total sum of N108,720,718,580.91 (approximately US$ 138m as at July, 2023 when the case was filed) as special, general and futuristic damages for wrongful termination of employment, loss of prospect of employment, mental and emotional and physical injury, defamation of character and character assassination.
In his statement of fact, Sasegbon deposed that after completing his doctoral degree at Imperial College, London, in 2014, he submitted and unsolicited application to TEPNG Career Website on August 16, 2014.
Thereafter, he was invited to and did undergo tests and interviews conducted by and for TEPNG.
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He was on November 13, 2015 employed “on contract” by TEPNG and he resumed officially in the Deep Water, Production Support Department of TEPNG on December 1, 2015.
He argued that the categorisation “on contract” is legally meaningless and contrived unlawfully to suspend or interdict rights accruing under international labour Conventions and treaties by which the parties are bound.
Sasegbon also averred that his on-the-job performance as TAS was sterling and exceptional and that he was accordingly recommended for confirmation as a “permanent staff” in 2017.
The email from Mr. Nathanael Herbomez (who is or was at material times the Executive General Manager, Deep Water Field Operations) was exhibited to buttress the point.
Consequently, he received an offer of “permanent employment” on October 13, 2017 and resumed as Process Engineer (Smart Room) on November 20, 2017.
He completed the probation period of six months on April 5, 2018 and was validated for confirmation of appointment based on the positive feedback and recommendation of his line managers who affirmed that he “has brought a lot of value to [the company] and will be a great addition to the Total E&P Field Operations”.
Sasegbon claimed that he continued to receive commendations from his direct bosses and supervisors that attest to his sterling qualities in line with TEPNG policy on recruitment section 7.1 which states that “the company will recruit people who possess the right competencies for vacant positions based on the approved current and projected manpower requirements”.
While section 7.2 states “Merit will be the primary consideration when filling vacant positions in all categories of employment”.
He further claimed that upon the acceptance of his employment offer, Sasegbon acquired under Nigeria law a status recognized under Article L1221-2 of the Labor Code of France as “Contrat a Duree Indeterminee” (CD) or an unlimited employment contract which can only be ended by mutual agreement or after a formal dismissal procedure.
“In the law of France, the CDI is the normal contractual employment relationship under Article L1221-2 of the Labor Code.
“The rights and obligations under the CDI are set out in French labor law.
“By Article 4 of the International Labor Organization Termination of Employment Convention, 1982 (No. 158), “The employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service”.
The Claimant’s status is said to be recognized by the International Labor convention to which both Nigeria and France are parties and by best international labor practices recognized under Nigeria law.
The Claimant stated that he received a letter of termination executed on behalf of the TEPNG by the Executive Director, Corporate Affairs & Services, Mr. Abiodun Afolabi dated July 19th 2018.
“Having not received any prior question or query and given that the letter of July 19, 2018 gave no reason for the termination of his employment, he, by a letter dated 31st July 2018, appealed to the then Managing Director/Chief Executive Officer of TEPNG, Mr. Nichola Terraz for a review and reconsideration.”
However, by a letter dated August 6, 2018, signed on behalf of TEPNG by Paul Odekina, Executive General Manager, Human Resources, TEPNG rejected his appeal.
The claimant is relying on the depositions and other processes and evidence which form the public record in the case of Mrs. Olumagin vs TEPNG, Suit No. LA/580/2018, which was earlier, decided against TEPNG and for which the company has promised to lodge an appeal at the Federal Court of Appeal.