Dr JIMOH Ibrahim, the defendant
Reports posted by Lateef Lawal
One of those standing for the upcoming gubernatorial in Ondo State, Dr Jimoh Ibrahim, owner of the defunct NICON Airways is currently embroiled in litigations over his refusal to pay the staffers he laid off when the airline packed up in 2008.
The workers led by Mr Henry Iwelumo and four others representing all members of staff of Nicon Airways Limited, whose salaries and allowances have not been paid by the Defendants since may, 2007) had dragged Ibrahim before the National Industrial Court, Abuja in Suit No: N/C/LA/192/2011 before honourable Justice M.N.Esowe.
The Court at the end of the case awarded to the Plaintiffs the sum of N843, 207,151.00 (Eight Hundred and Forty Three Million, Two Hundred and Seven Thousand, One Hundred and Fifty One Naira), as aggregate sum of the salaries, allowances, deductions and contributions of NICON AIRWAYS WORKERS from 2007 till 2010, against the Defendants (DR. JOMIH IBRAHIM & NICON AIRWAYS).
The Court also ordered Dr. Jimoh Ibrahim to pay the Workers the above sum within six months from 16th September 2013, three years after the date he was supposed to settle the his former staff, Dr. Ibrahim has refused, neglected and failed to pay the above stated salaries and entitlements of the Workers as ordered by the Court, in total disregard and disobedient to the court order.
Instead, the defendant, through his lawyers, filed an Application to set aside the Judgment on the ground that he was not served personally at his residential address in Ondo State.
It will be recalled that sometime in 2004, Dr. Jimoh Ibrahim teamed with Captain Idris Wada and acquired the EAS Airline, which was transformed to NICON Airways and in July 21, 2006, Jimoh acquired 290,000,000 (Two Hundred and Ninety Million) shares of NICON Airways and was appointed the Managing Director of the Since Jimoh has the majority shares in the company.
The Plaintiffs (workers in the NICON Airways) were employed by the Defendants (NICON Airways) in the Company and have at all material time committed their youthful age in rendering various services to the Company in line with the terms of the employment agreement.
In May 2007, NICON became indebted to the Plaintiffs as it could not pay the salaries and entitlements of services already rendered by the Plaintiffs in line with the contract of employment.
The Plaintiffs led a delegation to one of the Directors of the company, Captain Ibrahim Wada, to demand for their salaries but were duly informed that their salaries would be paid soon.
Relying on the assurances of the Director of the company, the Plaintiffs continued to render services to the company with the hope that they will receive their salaries.
In May 2008, the Plaintiffs resumed in their duty post at the company’s premises only to discover that the valuables in the office of the company has been carted away by the Directors and their agents.
All the effort made by the Plaintiffs to reach the Directors of the company was unsuccessful as they switched off their mobile phones.
Notwithstanding the above, the Plaintiffs continued to attend the company’s office believing that the Directors of the company would return all the properties of the company they carted away.
Having waited endlessly without any formal communication whatsoever from the company or the Directors, the Plaintiffs then briefed the law firm of Alpha-Harris Solicitors to institute a court action at the National Industrial Court, Abuja to ventilate their rights to their salaries and entitlements on the ground that “labourers deserve their earned wages and emoluments”.
However, on 7th of June 2015, upon the application of the Workers through their solicitors, ALPHA-HARRIS SOLICITORS, the Honourable Court made an Order for Mareva Injunction attaching the share capitals of Jimoh Ibrahim in the following Companies:
1. Nicon Luxury Services Ltd;
2. Nicon Group of Companies Plc;
3. Global Fleet Oil and Gas Ltd;
4. Global Fleet Industries Ltd;
5. Nicon Investment Ltd; and
6. Energy Group Ltd.
The Court further made an order for Mr. Jimoh to surrender his share certificates in all these companies to the Chief Registrar of the Court. Instead of obeying the court order, Jimoh Ibrahim has through his lawyers filed an application to discharge the order of court.
The application is yet to be heard by the court. The case is coming up on Monday, 31st October 2016 for the hearing.
Meanwhile, the case has suffered several adjournments at the instance of the Jimoh Ibrahim's lawyers trying to delay the Judge from hearing the applications and doing justice in the case.
It was reliably gathered that the whole essence of the delay is to wait until he runs for governorship election, and if elected, to evade his obligation to satisfy the judgment sum under the cloak of immunity and is he trying to evade the payment? Only the court can decide when the case comes up next Monday in Abuja.
However, the laid-off workers are suffering and some of them are dead, handicapped by age, hunger and exposed to other traumatic conditions, while Dr. Jimoh Ibrahim and its NICON Airways withheld their salaries and entitlements for about ten years now.
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