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The National Industrial Court in Ikoyi, Lagos, presided over by Justice R. H Gwandu, has slammed a fine to the tune of N500,000 on Mobil Producing Nigeria Company, for using delay tactics in a suit filed against the company by its former staff, James Nwagbogwu Ebede.
When the case came up last Friday for the continuation of trial, counsel for ExxonMobil, Paul Usoro (SAN) was in court to cross-examine the claimant who had provided evidence and closed his case since last year.
But Ituah Imhanze, leading two other counsels for Mobil Producing Company, told the court that he has filed an amended statement of defence against the consequential amendment statement of claim of the claimant.
However, the claimant's lawyer, Chucks Uguru, informed the court that he will not be opposing the amendment but urged the court to impose a cost of N750,0,000 on Mobil Producing Company, contending that the claimant filed his amended statement of claim on March 18, 2022.
Uguru stated that the only reason the defendants have not filed their statement of defence was to delay the case, which was filed about five years ago.
He told the court that the case has suffered a series of adjournments at the instance of the defendants.
Uguru further notified the court that the business of the day was for the claimant to be cross-examined by the defence counsels, adding that this is another dilatory.
Consequently, he urged the court to grant them two hearing days if the case is to be adjourned after the application must have been heard.
In his ruling, the presiding judge, after Imhanze had moved his application for an amended statement of defence was granted, ordered Mobil Producing Nigeria Company to pay the cost of Five Hundred Thousand Naira, which must be paid before the next adjourned day.
Thereafter, Justice Gwandu adjourned until September 30, 31, 2022 for the continuation of the hearing.
In a statement of fact filed before the National Industrial Court on behalf of the ex-ExxonMobil Corporation staff, James Nwagbogwu Ebede, it was stated that he worked with the company from December 2001 to 2018 as an Engineer and that because of his consistently excellent performance, he was at various times given important responsibilities.
Ebede averred that in 2015, he was deployed to Dubai, with the posting to last till December 2017, but that he was forcefully redeployed to Nigeria and retired because he refused to carry out dishonest actions that he was being compelled to do by the Manager of ExxonMobil while on assignment in the United Arab Emirates and Iran.
According to him, on his return to Nigeria, further punitive actions were taken against him, leading to his forceful retirement.
Some of the actions, according to Ebede includes the firm attempting to compel him to employ an unqualified engineer and that on several occasions, attempt were made to compel him to sign off an uncompleted and poorly executed projects as completed, among others.
The claimant further alleged that upon return from Iraq, he provided the defendants' details of the unethical and immoral acts he was being coerced to do, for which he was being unjustly treated.
The defendants, he said, constituted a team and got further details from the claimant who promised them more paper evidence upon the receipt of his personal belongings shipped by the defendants for the claimant.
The claimant further alleged that when his shipment arrived in Nigeria, he was shocked that the defendants were unwilling to either clear the shipment from the ports or hand over the original Bill of Lading to the claimant such that the claimant can go and clear the container containing his personal belongings.
The claimant insisted that since September 6, 2017, the defendants have continued to hold on to the shipment containing his personal belongings, and he believes it is in the defendants' bid to subvert the course of justice.
Consequently, Ebede is claiming $4.2 million as general damages for the emotional stress he had suffered, N114,992,096 being the equivalent of 32 months' salary which the defendant ought to pay him for his forceful retirement and also demanding a published public apology in two daily newspapers and two international newspapers.
But the defendants in their preliminary objection urged the court to decline jurisdiction to entertain the suit on the ground that ExxonMobil is an entity incorporated under the laws of the United States of America and that the Nigerian court lacked jurisdiction to entertain the matter.
In his submission, Ebede's counsel contended that the company not only conducts its business in Nigeria using subsidiaries but also operates directly in Nigeria as it held operating interest in several Oil Mining OMLs and therefore urged the court to dismiss the objection of the defendants.
Delivering the ruling, Justice Gwandu declared, "I hold that this court has the jurisdiction to adjudicate on issues contained in the claimant’s suits both by subject and territory, the claimant having shown sufficient cause of action against the defendant.
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