The National Industrial Court, sitting in its Calabar Judicial Division, has ordered the Auditor-General for Local Government and the Cross River State Universal Basic Education Board (CRSUBEB) to pay a classroom teacher, Mr. Bitty Tangban Ekuri, more than ₦1.8 million in unpaid salaries covering the period from March 2021 to September 2023.
Delivering the judgment, Hon. Justice Sanusi Kado directed the defendants to settle the salary arrears within 30 days, warning that interest would accrue on the sum should they fail to comply within the stipulated timeframe.
Mr. Ekuri told the court that his name was removed from the payroll in March 2021 following an allegation that he had accepted a political appointment. He denied the allegation, insisting that he never held any such appointment. According to him, repeated efforts to have his salary restored proved futile until he instituted legal action. Despite the stoppage of his pay, Mr. Ekuri stated that he continued to discharge his teaching duties throughout the period in question.
In their defence, CRSUBEB did not contest the essential facts of the case. The board admitted that Mr. Ekuri’s name was removed from the payroll and did not dispute that he continued working while his salaries were withheld.
In his ruling, Justice Kado held that the claimant’s evidence was credible, consistent, and sufficient to warrant the reliefs granted. The court consequently awarded Mr. Ekuri ₦590,721 as salary arrears for the period from March to December 2021, and ₦1,240,514 for January 2022 to September 2023. The sums were calculated based on his last confirmed monthly salary.
However, the court declined Mr. Ekuri’s additional claims, including ₦10 million in exemplary damages, promotion to Grade Level 13, and the award of legal costs. Justice Kado ruled that there was no credible evidence before the court to justify these requests. He emphasised that promotion in the public service is a privilege rather than a right, and that the award of punitive or exemplary damages requires proof of oppressive, arbitrary, or malicious conduct by the employer.
The court further observed that the removal of a worker’s name from the payroll, if done without lawful justification, could amount to a violation of the constitutional right to earn a livelihood. In the circumstances of the case, Justice Kado held that Mr. Ekuri was entitled to the payment of all outstanding salary arrears and ordered that the sums be paid without further delay.
