Court Orders Bank To Pay Late Staff’s Death Benefit Within 30 Days

The Presiding Judge, Portharcourt Judicial division of the
National Industrial Court, His Lordship, Hon. Justice Faustina
Kola-Olalere has ordered First Bank of Nigeria to write Mr. Chukwu
Ori (Administrator of the Estate of Mrs. Chika Chukwu) a sympathy
letter to be signed by the Managing Director/Chief Executive with
the payment of the sum of N963, 504.68 as the deceased/employee’s
death benefit with payment of Two Hundred and Fifty Thousand Naira
cost of action within 30 days.

However, Justice Kola-Olalere further held that Mr. Chukwu Ori
failed to satisfy the Court on how he came about the sum of Four
Million Naira being claimed as compensation under the Workmen’s
Compensation Act.

From facts, the claimant- Mr. Chukwu Ori had deposed that the
bank only paid a one-year basic salary of his deceased wife who
prior to her demise in 2006 was an employee of the bank to assist
the family with burial expenses and has failed to pay the other
entitlements despite repeated demands.

In defense, the defendant- First Bank maintained that they have
paid the amount of money payable to the family of its late staff
upon her death; and averred that the bank insurer for the death of
the deceased employee was paid less of the deceased indebted to the
Bank.

The Firm counsel, Rotimi Aremu Esq submitted that the action of
the Mr Chukwu is statute-barred and liable to be dismissed on the
ground that the action was filed over five (5) years provided under
the Limitation Law of Rivers State and further that Mr. Chukwu has
failed to show his right to demand, neither as the husband of the
deceased nor as a dependant of the deceased.

Counsel argued that the Letter of Administration issued in Mr
Chukwu favour is just a letter of authority to an administrator,
not evidence of a marriage between the Claimant and the
deceased.

Counsel further submitted that the bank is not a necessary party
to the suit, as the compensation due (if any) to the Claimant is to
be borne by The Nigeria Social Insurance Trust Fund Management
Board, urged the Court to dismiss the claim in its entirety.

In opposition, Chukwu counsel, J. U. Ikorogbudu Esq maintained
that a dependent is someone who relies wholly or partly on the
income of the deceased employee, denied that the deceased was
indebted to the Defendant; urged the court to assume jurisdiction
and grant the reliefs sought.

Delivering the judgment after careful evaluation of the
submission of both parties, the presiding judge, Justice
Kola-Olalere dismissed the objections and held that from May 11,
2009, when the case in question was filed in Rivers State High
Court to September 23, 2016 when it was struck out for lack of
jurisdiction the limitation period stopped running then continued
running again from September 24, 2016 to August 18, 2017 when the
action was filed in this court.

The court held that the deceased was not indebted to the bank
before she died as no document was shown to prove to the
contrary

“The Defendant has admitted receipt of the sum of N963,504.68
from its Insurer for the death of the deceased employee; therefore,
I hold that the Defendant is to pay to the Claimant, the admitted
sum of N963,504.68 (Nine Hundred and Sixty-Three Thousand, Five
Hundred and Four Naira, Sixty-Eight Kobo) only as “the
deceased/employee’s death in service benefit” in line with the
provision of clause 5.8.3 (d) of Exhibit C.5 before the Court in
this case.” Justice Kola-Olalere

The Presiding Judge, Portharcourt Judicial division of the
National Industrial Court, His Lordship, Hon. Justice Faustina
Kola-Olalere has ordered First Bank of Nigeria to write Mr. Chukwu
Ori (Administrator of the Estate of Mrs. Chika Chukwu) a sympathy
letter to be signed by the Managing Director/Chief Executive with
the payment of the sum of N963, 504.68 as the deceased/employee’s
death benefit with payment of Two Hundred and Fifty Thousand Naira
cost of action within 30 days.

However, Justice Kola-Olalere further held that Mr. Chukwu Ori
failed to satisfy the Court on how he came about the sum of Four
Million Naira being claimed as compensation under the Workmen’s
Compensation Act.

From facts, the claimant- Mr. Chukwu Ori had deposed that the
bank only paid a one-year basic salary of his deceased wife who
prior to her demise in 2006 was an employee of the bank to assist
the family with burial expenses and has failed to pay the other
entitlements despite repeated demands.

In defense, the defendant- First Bank maintained that they have
paid the amount of money payable to the family of its late staff
upon her death; and averred that the bank insurer for the death of
the deceased employee was paid less of the deceased indebted to the
Bank.

The Firm counsel, Rotimi Aremu Esq submitted that the action of
the Mr Chukwu is statute-barred and liable to be dismissed on the
ground that the action was filed over five (5) years provided under
the Limitation Law of Rivers State and further that Mr. Chukwu has
failed to show his right to demand, neither as the husband of the
deceased nor as a dependant of the deceased.

Counsel argued that the Letter of Administration issued in Mr
Chukwu favour is just a letter of authority to an administrator,
not evidence of a marriage between the Claimant and the
deceased.

Counsel further submitted that the bank is not a necessary party
to the suit, as the compensation due (if any) to the Claimant is to
be borne by The Nigeria Social Insurance Trust Fund Management
Board, urged the Court to dismiss the claim in its entirety.

In opposition, Chukwu counsel, J. U. Ikorogbudu Esq maintained
that a dependent is someone who relies wholly or partly on the
income of the deceased employee, denied that the deceased was
indebted to the Defendant; urged the court to assume jurisdiction
and grant the reliefs sought.

Delivering the judgment after careful evaluation of the
submission of both parties, the presiding judge, Justice
Kola-Olalere dismissed the objections and held that from May 11,
2009, when the case in question was filed in Rivers State High
Court to September 23, 2016 when it was struck out for lack of
jurisdiction the limitation period stopped running then continued
running again from September 24, 2016 to August 18, 2017 when the
action was filed in this court.

The court held that the deceased was not indebted to the bank
before she died as no document was shown to prove to the
contrary

“The Defendant has admitted receipt of the sum of N963,504.68
from its Insurer for the death of the deceased employee; therefore,
I hold that the Defendant is to pay to the Claimant, the admitted
sum of N963,504.68 (Nine Hundred and Sixty-Three Thousand, Five
Hundred and Four Naira, Sixty-Eight Kobo) only as “the
deceased/employee’s death in service benefit” in line with the
provision of clause 5.8.3 (d) of Exhibit C.5 before the Court in
this case.” Justice Kola-Olalere