At the resumed sitting on Thursday, slated for adoption of Final Written Address, the judge, Justice Sanusi Kado, asked if the counsel had submitted the soft copies of their Written Addresses in conformity with the rule of the NICN.
Okon Efot, SAN, the claimant’s counsel affirmed that he filed the soft copy on Feb. 29.
The defence counsel, Christabel Udokwelu holding the brief of Davidson Uturu also confirmed that they had filed their soft copy and proceeded to adopt their Final Written Address and Reply on Point of Law filed on March 26,2019 in furtherance to the rule of the court.
” The defendants have made their argument in support of its case, we hereby adopt same as our oral argument and urge the court to adopt same and dismiss the case in favour of the defendants”, Udokwelu said.
Efot on his part equally said” the claimant filed its Final Written Address on July 1,2019 and we adopt the written information contained in the Written Address in its entity and urge the court to grant all the reliefs sought by the claimant and give judgment in favour of the claimant and against the defendants”.
By way of adumbration, the counsel cited instances where there were contradictions in the defence argument.
He said the defence claimed his client broke the protocol in legal services as in regard to the privatization of PHCN.
Efot in addition stated that the defence said the claimant’s appointment was terminated for gross insubordination and that the claimant’s employment was not one with statutory flavour.
He said all these claims had not be proven and he finally urged the court to reinstate the claimant to his position as a director until Feb. 2021 when his employment ought to be terminated.
Justice Kado deemed the address adopted and fixed May 19, to deliver judgment.
Akpotaire the claimant, was employed by the defendant, BPE in 2007 as an assistant director and rose through the rank until his appointment as acting DG in Feb. 2016, a position he held until April, 2017
His employment was allegedly terminated wrongfully in a letter dated Nov. 16, 2017.
Akpotaire therefore approached the court to challenge the termination of his employment by seeking for a declaration that his purported termination is wrongful, null, void and of no effect.
He is also seeking a declaration that his employment with the defendant is valid and still subsisting.
He is also seeking for an order of court for payment of his salaries, benefits, privileges and entitlements as accrued from 2017 when his employment was allegedly terminated till date.
The claimant in addition is seeking for the award of N100 million as general damages.
Also joined as co-defendant in the suit is National Council on Privatisation.