…Orders Payment Of N1.086bn Judgement Debt To Court’s Escrow Account
The National Industrial Court, Lagos, presided over by Justice R. H. Gwandu, has ordered Ecobank Nigeria Limited to pay the sum of N1,086,611,589.11 being judgement debt into the account of the Chief Registrar of the National Industrial Court, pending the hearing and determination of the appeal filed by Ecobank Bank against the judgment of the Court.
Justice Gwandu gave the order while ruling on an application filed by Ecobank for a stay of execution of the judgment of the court which ordered Ecobank to pay the sum of N1,086,611,589.11 to 1,742 former staff of Oceanic Bank for alleged refusal of the bank to pay their staff savings and gratuities and on application of the former employees for an order nisi for attachment of all monies outstanding to the credit of Ecobank Nigeria Limited with the Central Bank of Nigeria and with all banks in Nigeria, for satisfaction of the judgment debt.
The court in it’s ruling refused the application to stay the execution of the judgment and granted the order nisi with a declaration that order judgment sum be paid into the account of the Chief Registrar of the court pending the hearing and determination of the appeal.
Recall that following the suit filed by 1,742 former employees of Oceanic Bank who were denied their legitimate entitlements by Ecobank,, the National Industrial Court, Lagos Division in a judgment had ordered Ecobank Nigeria Limited to pay the sum of N1,086,611,589.11 to the former employees.
Dissatisfied with the judgment of the court, Ecobank filed an appeal against the judgment and an application for stay of the execution of the judgment. The former 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.
Justice R.A Gwandu in his ruling on the application for stay, and the application for order nisi held, “Bench ruling read on motion for stay, Order nisi is granted as prayed, stay of execution is denied.”
In the Bench Ruling, the court also held, “It therefore behooves this court to take steps to protect the integrity of it’s 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.”
Recall that in a Representative Action suit filed by Mr Nwabu Okoye, counsel to Mr Babajide Bayode, Yemisi Adesote, Adeboyejo Oladimeji, Seun Aina, Yusuf Kadiri, Segun Alasan, Adetayo Familugba and Lolade Olaribigbe, who sued for themselves and as representatives of 1,733 other former employees of Oceanic Bank now Ecobank Nigeria Limited, the claimants sought for the following orders from the National Industrial Court:
An order directing Ecobank Nigeria Limited to pay the outstanding sum of N1,146,470,393,62 being the sum total of their savings in the Staff Savings Investment Trust Fund, SSITF, scheme of 926,901,065,60. of 1742 of those represented contributed by 1742 former employees of Oceanic Bank made up of those transferred to Ecobank upon merger of the two banks through the merger of February 15, 2012 and those whose employment were determined before or upon the said merger, which remain unpaid till date, the sum of N159,710,523.51 due as gratuity on the basis of seven years of unbroken employment to 48 of those represented and N59,858,804.51 being short payments of severance and redundancy to 74, of those represented.
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. (Nine Hundred and Twenty Six Million, Nine Hundred and One Thousand, Sixty Five Naira, Sixty Kobo)
Claimants also asked the court for an order directing Ecobank to pay the sum of N159,710,523.51 (One Hundred and Fifty Nine Million, Seven Hundred and Ten Thousand, Five Hundred and Twenty Three Naira, Fifty One Kobo) 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.
The court was further asked to grant an order directing Ecobank to pay 22 percent interest per annum on the aforesaid sums of money being claimed from February 15, 2012 until judgment and thereafter at the rate of 12 percent per annum until the liquidation of judgment sum.
However, Ecobank through its lawyer, S.C Arubike, filed a Statement of Defense to the suit as well as counter claim.
Ecobank in it’s counter claim demanded for the sum of N967,529,765.38 being the excess of severance and or redundance benefits paid to the former employees of Oceanic Bank, that is, the claimants at 24 percent interest from October 30, 2014 until any judgment is delivered in it’s favour and interest of 10 percent until the judgement sum is fully liquidated.
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, and 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 former staff.
The defendant further counter-claim in 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 former staff (claimants) have failed, neglected or refused to repay till date despite repeated demands,
The summary of the claimants’ case according to the court was that prior to the merger of Oceanic Bank and Ecobank on December 30, 2011, there was in existence in Oceanic Bank the SSITF introduced by Oceanic Bank in 2004 to encourage it’s staff to save part of their earnings towards further financial commitments and assist staff in planning for their retirement,
It was further stated that the initial minimum contribution of each employee to the SSITF scheme was N6,000 per month which was in August 2005 increased to a minimum of N14,000 per month .
Subsequently in 2008 the level of contributions to the staff Fund was further reviewed upward by the bank and the review was based on the level of the staff involved, ranging from N20,000 to N50,000.
It was also stated that sometimes in May 2010, Oceanic Bank discontinued deductian of the SSITF from it’s employees’ monthly salaries while every staff whose appointment were terminated or resigned from the bank were duly paid their SSITF.
The claimants further said that by a letter of February 13, 2012, Ecobank advised a total number of 788 employees of Oceanic Bank, whose employment has been transferred to the bank (Ecobank) consequent upon the merger, that effective from Wednesday February 15, 2012 such employees’ contract of employments with Ecobank has been terminated.
Claimant stated that 697 of those whose employments were terminated are among the 788 and these 697 according to the plaintiffs, have unpaid claims, including non-payment of their SSITF contributions among others.
It was also contended by the claimants that the calculations and payments of final entitlement to 706 out of the 788 employees whose employment was
determined as of February 15, 2012 or resigned as an option under the merger with Ecobank was flagrantly violated.
After analysing the facts of the case as submitted by counsel to both parties, Mr Nwabu A. Okoye for claimants and C. Arubike for Ecobank, 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 it’s counter claim.
Justice Gwandu in his judgment held that upon the consummation of the merger, Ecobank has fully acquired all the assets and liabilities of Oceanic Bank and can not repudiate or push some of the liabilities on its employees, moreso when it was the bank that was in control of the SSITF scheme.
The trial judge further held that Ecobank can not deny that there was contributions to the SSITF or show evidence that the claimants were paid the sum they claim.
The judge declared, “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 former employees of Oceanic Bank made up of those transferred talo 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 former staff benefitted under the agreement and are happy under the same agreement, moreso the intervention of ASSBIFI had the consent of the former staff.
Justice Gwandu, granted 10 percent interest on the judgement sum from 30 days after the judgement was delivered till it is fully liquidated.
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.
