The Lagos Division of the National Industrial Court has nullified the unlawful dismissal of one, Sufyan Yesufu by British American Tobacco Nigeria Limited (BATN). Yesufu, who worked as a Management Trainee in the finance department, was summarily dismissed on February 2, 2011, without adherence to due process.

Dissatisfied with the action, Yesufu filed a suit marked NICN/LA/362/2013, wherein he asked the court, presided over by Justice Maureen Nkechinyereugo Esowe, to hold that his dismissal was wrongful and constituted unfair labour practice.

He also sought financial compensation, including his February 2011 salary of N300,211.08, and additional costs for instituting the lawsuit.

Represented by his lawyer, Yesufu argued that his termination violated BATN’s disciplinary policies outlined in his terms of employment.

He also pointed out that his dismissal occurred before the agreed six-week review period of his management development program.

In response, BATN’s legal counsel, H. A. Apeno, filed a preliminary objection, urging the court to dismiss Yesufu’s claims. However, after reviewing submissions, exhibits, and legal authorities, Justice Esowe ruled in favour of Yesufu. Justice Esowe declared the termination of Yesufu’s appointment invalid, null and void, describing it as an unfair labour practice.

She stated, “The summary dismissal of the claimant after the meetings of January 4 and January 7, 2011, was against the disciplinary rules outlined in the claimant’s terms and conditions of employment”.

The court directed BATN to pay Yesufu N300, 211.08, representing his February 2011 salary, and an additional N400,000 as costs assessed for the action.

Justice Esowe added, “The issue for determination is resolved partly in favour of the claimant. Save for the reliefs outlined below, all other reliefs of the claimant are dismissed”.