The National Industrial Court sitting in Akure has ruled that the employment of Mr. John Leke Borode was never terminated by the Ido Osi Local Government Area of Ekiti State, ordering the council to pay him all outstanding salaries from July 2013 to September 27, 2025.
Delivering judgment, the Presiding Judge of the Akure Judicial Division of the National Industrial Court, Hon. Justice Kiyersohot Damulak, held that the local government failed to prove that Mr. Borode absconded from duty or that his employment was lawfully terminated. The court ordered the Chairman, Secretary and Ido Osi Local Government Area to pay the outstanding salaries, process and issue his retirement papers and retirement benefits, and pay him N500,000 as the cost of the suit.
Justice Damulak held that the defendants admitted that no letter terminating Mr. Borode’s employment was ever issued and that no disciplinary process was initiated against him before his salaries were stopped.
According to court records, Mr. Borode told the court that he was employed as a driver by Ido Osi Local Government in May 2001. He said his appointment was confirmed in March 2004 and that he was later promoted to Senior Driver on Grade Level 06 Step 2.
Mr. Borode stated that while he was attached to a traditional ruler, another driver was assigned to replace him after the monarch requested a replacement. He said his salary was stopped afterwards even though he was never issued a letter terminating his employment or subjected to any disciplinary proceedings.
He further told the court that he repeatedly reported to the Local Government Secretariat to seek clarification about his employment status. However, he said the Director of Administration refused to attend to him and instead ordered that he be driven away whenever he appeared.
Counsel to Mr. Borode argued that his client was never issued a query and that all efforts to recover his unpaid salaries and other entitlements were unsuccessful. The lawyer urged the court to grant all the reliefs sought.
In their defence, the Chairman, Secretary and Ido Osi Local Government Area argued that Mr. Borode’s employment was never terminated but claimed that he absconded from duty in April 2013 without notifying the council.
The defendants also argued that the suit was statute-barred under the Ekiti State Limitation Law. They maintained that Mr. Borode was not entitled to salary arrears, gratuity or pension, arguing that salaries are payable only to employees who remain in service, while gratuity and pension become due only after retirement. They urged the court to dismiss the suit.
Responding, counsel to Mr. Borode insisted that his client never absconded from duty and that his employment had never been lawfully terminated. He urged the court to hold that his client had proved his entitlement to the reliefs sought.
After reviewing the pleadings, oral testimony and documentary evidence before the court, Justice Damulak held that Mr. Borode’s claim was for unpaid salaries arising from work and labour done, describing it as a continuing injury that was not affected by the Ekiti State Limitation Law. The judge therefore dismissed the defendants’ objection.
Justice Damulak further held that both in fact and in law, Mr. Borode’s appointment was never terminated. The judge stated that the traditional ruler was not Mr. Borode’s employer and therefore had no legal authority to terminate his appointment.
The judge also held that the Chairman, Secretary and Ido Osi Local Government Area failed to prove the allegation that Mr. Borode absconded from duty, noting that they neither issued him a query nor produced credible evidence to support the claim. Consequently, the court ruled that the defendants could not rely on that allegation as a defence against Mr. Borode’s claim for unpaid salaries.
