Court Declines Request to Stay Execution on N1.08bn Judgement Debt

Wale Igbintade

 Justice Rabiu Gwandu of the National Industrial Court, Lagos Division, has rejected an application praying the court to stay execution of N1, 086,611,589.11 judgement awarded in favour of former employees of the defunct Oceanic Bank International, as payment of their gratuities, and severance allowances.

The court in its ruling refused the application to stay execution of the judgement and ordered that the judgment sum be paid into the account of the Chief Registrar of the Court pending the hearing and determination of the appeal.

The court had awarded the sum of N1, 086,611,589.11 in favour of former employees of the defunct Oceanic Bank International as payment of their gratuities and severance allowances.

The court gave the order while delivering judgement in suit number NIC/LA /231/2012 filed by 1,742 ex- employees of defunct Oceanic Bank which had merged with Ecobank Bank Limited in 2012.

Dissatisfied, Ecobank in its Notice of Appeal had urged the court to stay execution of the judgement pending the hearing and final determination of it appeal.

The ex-employees, on the other hand, brought an application for the order nisi for attachment of sums to the credit of the bank with the Central Bank of Nigeria and with commercial banks to satisfy the judgment sum, for satisfaction of the judgement debt.

Ruling on both applications, Justice Gwandu held: “It therefore behooves this Court to take steps to protect the integrity of its judgment and see that the Res is protected even when the appeal may or may not be pending.

“I hereby order the judgment debtor to pay the judgement sum into the account of the Chief Registrar of National Industrial Court of Nigeria pending the outcome of Appeal filed by the Applicants.”

The claimants, Babajide Bayode, Yemisi Adesote, Adeboyejo Oladimeji, Seun Aina, Yusuf Kadiri,  Segun Alasan, Adetayo Familugba and Lolade Olaribigbe, who had sued  for themselves and as representatives of 1,733 other ex-employees of Oceanic Bank, had through their lawyer, Nwabu Okoye, sought for an order directing  Ecobank to pay the outstanding sum of N1,146,470,393,.62 being the sum total of thier savings in the Staff Savings Investment Trust Fund, SSITF, scheme

The claimants in their statement of claim said the amount outstanding as  their contributions to the SSITF scheme which the defendant ( Ecobank) has refused to pay till date stands at N926,901,065,.60 .

Claimants also asked the court for an order directing Ecobank to pay the sum of N159,710,523.51 being the total sum due  as gratuities to 48 of the claimants  and another sum of N59, 858,804,.51 being the short payments of severance or redundancy paid by the defendant to 74 of them.

However, Ecobank through its lawyer, S.C Arubike in its statement of defense/counter- claim demanded for the sum of N967,529,765.38 being the excess of severance and or redundance benefits paid to the ex- staff of Oceanic Bank.

The bank also counter- claim for the sum of N225,724,076,.78 being the excess gratuities and entitlements paid to the representative members by  Ecobank Bank, another sum of N1,541,491,955.03 being the sum outstanding  and payable as at October 30, 2014 on credit facility granted to the representative members of the ex-staff.

The defendant  further demanded for the sum of N41,640,000,000 being the amount due and outstanding as at December 31,2010 on the Term Loan of N25,054,481,701.00  granted by Oceanic Bank (now Ecobank)  to the  former employees through the Board of Trustee of the Trust Fund  which facility was accepted and fully utilized by the claimants for the purchase of shares of blue- chip companies and which sum the ex- staff ( claimants)  have failed, neglected or refused to repay till date  despite repeated demands.

In her judgement delivered on May 15, 2024, Justice Gwandu, dismissed the defense and counter- claim of Ecobank Bank on the ground that the bank failed to put credible evidence before the court to support its counter-claim.

The court held that upon the consummation of the merger, Ecobank has fully acquired all the assets and liabilities of Oceanic Bank and cannot repudiate or push some of the liabilities on its employees, more so when it was the bank that was in control of the SSITF scheme.

The trial judge further held that Ecobank cannot deny that there was contribution to the SSITF or show evidence that the claimants were paid the sum they claim.

“I therefore hold that the claimants have proved thier case and are entitled to the payment of the sum of N926,901,065.60 being the sum total in the account of the  Staff Savings Investment Trust Fund being contributions of 1742 ex- employees of Oceanic Bank made up of those transferred to Ecobank  upon the merger and whose contract of employment were determined on February 15, 2012 and those whose employment otherwise were  determined before or upon the merger.”

On the issue of  unpaid gratuities, Justice Gwandu said, “I therefore hold that the defendant are liable to the claimants in the sum of N159,710,523.51 being the total sum due on the basis of years of service of the employees.”

The judge, however, refused the plaintiffs’ claim of N59,858,804.51 being the total sum of short payment of severance or redundancy package paid by Ecobank to 74 of the claimants.

Justice Gwandu said it would be unfair for the court to hold Ecobank responsible for any lapses that may have occurred under the agreement brokered by ASSBIFI since  some of the ex- staff  benefitted under the agreement and are happy under the same  agreement moreso the intervention of ASSBIFI had the consent of the ex-staff.