The Court of Appeal, Lagos Division, has reserved judgment to a later date in an appeal filed by MTN Group against the judgment of the National Industrial Court of Nigeria (NICN) in favour of a former expatriate staff of the MTN Group, M. Paul Odunewu.
In the September 27, 2017 judgment, the NICN had ordered that the judgment sums of $13.47 million, N2.54 million, and £10,000 be paid by the second and third defendants (MTNN & MTNI), “except the issue of costs which is to be paid by all the defendant
The trial judge had also ordered MTN to make the payments within 30 days, failing which the sums would appreciate at 21 per cent interest per annum.
Justice Mohammed Mustapha leading other Justices of the three-man panel of the Appeal Court, announced the decision after taking submissions from the counsels to the appellants and respondents.
He said the date for judgment would be transmitted to parties.
Other members of the panel are Justice Danlami Senchi and Justice Rukayat Ayoola.
MTN Group Limited, South Africa (MTNG); MTN Nigeria (MTNN) and MTN International, Mauritius (MTNI) are the first, second, and third appellants in the almost seven-year-old appeal which had lasted more than 10 years from the Lagos State High Court to the National Industrial Court of Nigeria (NICN) before judgment was delivered on September 27, 2017
Earlier during hearing yesterday, counsel to the respondent, Abiodun Owonikoko (SAN) informed the court that they have filed a brief dated March 24, 2023.
Owonikoko applied to adopt the brief filed by the respondents and uphold the 2017 judgement of the NICN, Akure.
He also urged the court to dismiss the appeal filed by the appellants.
Meanwhile, Counsel to the appellants, Prof. Gbolahan Elias also informed the court that the appellants have two motions before the court filed November 8, 2022 and that both were ripe for hearing.
Prof. Elias said one is for extension of time to file reply brief while the other is on motion to stay execution of the NICN judgment delivered September 27, 2017 in favour of the former expatriate staff of the MTN Group, Mr. Odunewu.
He said the notice of appeal was dated and filed September 29, 2017, the amended notice of appeal filed November 3, 2020 while further amended Notice of Appeal dated and filed December 12, 2020.
He said the applications were accompanied with 26 grounds of appeal.
He said the appellant adopted all the processes and prayed the appellate Court to allow the appeal and set aside the September 27, 2017 judgment of the NICN.
Earlier, counsel to the respondent, Abiodun Owonikoko (SAN), sought the permission of the court to withdraw their application to amend their brief dated September 10, 2022 and preliminary objection contained in their brief dated April 13, 2022 in order for the case to move forward.
The Court granted his request and struck out the two applications.
In the NICN, Akure judgment delivered by Justice Oyejoju Oyewunmi at the NICN, Akure, the trial court had found that the termination of the employment of the former Network Group Operations Manager, Paul Odunewu on February 28, 2006, was wrongful and malicious.
He held that MTN Group is the parent company and the life wire of both MTNN and MTNI that controls them and thus an integral part of both companies.
Also, the court held that MTN Nigeria has no power of its own to act under its contractual agreement with Mr. Odunewu except as approved by MTN Group.
The Nation
