Court Orders Lagos State Education Board To Pay Ogunbanwo Kehinde Salary, Allowance From 2010 Till Date Within 60 Days

His Lordship, Hon. Justice Elizabeth Oji of the Lagos Judicial
division of the National Industrial Court has ordered the Lagos
State Universal Basic Education Board, Epe Local Government
Council, and State Attorney General to pay Mr. Ogunbanwo Kehinde
salaries, allowances, and other entitlements from 4th October 2010
till date based on the prevailing rates till his contract is
lawfully terminated with the cost of Two hundred thousand Naira
within 60 days.

The Court held that the continuous non-payment of salaries,
allowances, and other entitlements of Ogunbanwo’s as an employee of
Epe Local Government Education Authority since assumption of duty
on the 4th day of October 2010 till date as unlawful.

From facts, the claimant- Mr. Ogunbanwo Kehinde had submitted
that four months after his employment, the Local Education
Authority came out with the Lagos State Government
Teaching/Non-Teaching Service Salary Structure and indicated that
his salaries would be paid at the end of the 6th month of his
service being March 2011. He added that the authority issued Staff
Verification Exercise Clearance to him in June 2016 and confirmed
him as its staff, with the assurance that his salary will be paid.
That despite all the promises, the authority refused or neglected
to pay him.

In defense, the local education authority, state education
board, and 2 others averred that Ogunbanwo’s salary was delayed due
to his failure to produce necessary documents to be computed into
the Database System, and further that no evidence before the Court
that Ogunbanwo’s were certified by a State Medical Officer as
medically fit for Government Service which is contrary to the Lagos
State Public Service.

The defendant urged the Court to hold that failure of the
Ogunbanwo to comply with the terms of their contract of service is
fatal and urged the Court should dismiss the case.

In opposition, Ogunbanwo’s counsel Afolabi Medeton Esq argued
that by Defendants’ acceptance of his resumption of duty had waived
the requirement that till date his employment has not been
terminated and the continuous non-payment of salaries, allowances,
and other entitlements for services rendered since 4th of October
2010 till date is unjust, urged the court to hold so.

Delivering the judgment via virtual proceeding after careful
perusal of the submissions of both parties, the presiding judge,
Justice Elizabeth Oji held that no evidence that the Ogunbanwo
Kehinde employment has been terminated or that the Local Education
Authority had communicated to the Claimant that there were any
problems with his employment status that Ogunbanwo’s continues to
be an employee of the Defendants until lawfully terminated.

Declaring further, Justice Elizabeth maintained that the
Defendants’ argument that the Claimant did not tender a letter of
acceptance of the appointment is untenable in the circumstances of
the case that the act of confirmation was expected to come from the
Defendants, and the Defendants cannot seek to rely on their failure
to confirm or determine the contract to challenge the Claimant’s
status as their employee.

“It is indisputable that Claimant’s salaries and allowances have
not been paid since 2010 when Claimant was employed by the
Defendants. Payment of salaries and wages to employees is as
essential as necessities to a human being and no employer can deny
same.” Justice Elizabeth ruled.

His Lordship, Hon. Justice Elizabeth Oji of the Lagos Judicial
division of the National Industrial Court has ordered the Lagos
State Universal Basic Education Board, Epe Local Government
Council, and State Attorney General to pay Mr. Ogunbanwo Kehinde
salaries, allowances, and other entitlements from 4th October 2010
till date based on the prevailing rates till his contract is
lawfully terminated with the cost of Two hundred thousand Naira
within 60 days.

The Court held that the continuous non-payment of salaries,
allowances, and other entitlements of Ogunbanwo’s as an employee of
Epe Local Government Education Authority since assumption of duty
on the 4th day of October 2010 till date as unlawful.

From facts, the claimant- Mr. Ogunbanwo Kehinde had submitted
that four months after his employment, the Local Education
Authority came out with the Lagos State Government
Teaching/Non-Teaching Service Salary Structure and indicated that
his salaries would be paid at the end of the 6th month of his
service being March 2011. He added that the authority issued Staff
Verification Exercise Clearance to him in June 2016 and confirmed
him as its staff, with the assurance that his salary will be paid.
That despite all the promises, the authority refused or neglected
to pay him.

In defense, the local education authority, state education
board, and 2 others averred that Ogunbanwo’s salary was delayed due
to his failure to produce necessary documents to be computed into
the Database System, and further that no evidence before the Court
that Ogunbanwo’s were certified by a State Medical Officer as
medically fit for Government Service which is contrary to the Lagos
State Public Service.

The defendant urged the Court to hold that failure of the
Ogunbanwo to comply with the terms of their contract of service is
fatal and urged the Court should dismiss the case.

In opposition, Ogunbanwo’s counsel Afolabi Medeton Esq argued
that by Defendants’ acceptance of his resumption of duty had waived
the requirement that till date his employment has not been
terminated and the continuous non-payment of salaries, allowances,
and other entitlements for services rendered since 4th of October
2010 till date is unjust, urged the court to hold so.

Delivering the judgment via virtual proceeding after careful
perusal of the submissions of both parties, the presiding judge,
Justice Elizabeth Oji held that no evidence that the Ogunbanwo
Kehinde employment has been terminated or that the Local Education
Authority had communicated to the Claimant that there were any
problems with his employment status that Ogunbanwo’s continues to
be an employee of the Defendants until lawfully terminated.

Declaring further, Justice Elizabeth maintained that the
Defendants’ argument that the Claimant did not tender a letter of
acceptance of the appointment is untenable in the circumstances of
the case that the act of confirmation was expected to come from the
Defendants, and the Defendants cannot seek to rely on their failure
to confirm or determine the contract to challenge the Claimant’s
status as their employee.

“It is indisputable that Claimant’s salaries and allowances have
not been paid since 2010 when Claimant was employed by the
Defendants. Payment of salaries and wages to employees is as
essential as necessities to a human being and no employer can deny
same.” Justice Elizabeth ruled.