CaseLaw
The Shell Petroleum Development Company of Nigeria Ltd., (the 1st Appellant) is a private limited liability company incorporated in Nigeria and carrying on the business of crude hydrocarbon oil and gas prospecting, development and exploitation in Nigeria. The 2nd and 3rd Appellants were, respectively, the Managing Director and Deputy Managing Director of the 1st Appellant while 4th Appellant was the General Manager of the 1st Appellant with whom the Respondent worked as Deputy General Manager up to sometime in April, 1999. The 5th and 6th Appellants were expatriate employees of the 1st Appellant. The Respondent was an employee of the 1st Appellant. He claimed to be the 5th highest ranking Nigerian in the 1st Appellant's employment and one of the most qualified technocrats in the oil industry in the 1st Appellant's company.
On 19th December, 1999 the Respondent was by a letter signed by the 4th Appellant on behalf of the 1st Appellant "released from the company as his services were no longer required. Attached to the letter was a cheque being payment in lieu of notice in accordance with the terms of his contract of employment. On 12m January, 2000 the Respondent commenced (his action claiming several reliefs some of which are quoted above and are the subject of this appeal.
The Respondent's case by his statement of claim was that the 1st Appellant by wrongful manipulation of the expatriate quota system brought foreign nationals to work in the company under false descriptions thereby making them to fill posts which could beheld by Nigerian nationals and, in particular, depriving the Respondent through such manipulation of the opportunity of occupying a higher post for which he was qualified in the 1st Appellant's establishment- He alleged a design to ease Nigerians out of the 1st Appellant's establishment and alleged several expatriate quota malpractices by the 1st Appellant which he claimed were detrimental to the Nigerian employees of the company. Of direct relevance to his employment' he alleged that on 19th December, 1999 the 4th Appellant wrote a letter to him at the behest of the 3rd Appellant urging him to leave the 1st Appellant's employment on voluntary severance with what he described as a "financial', bait" of about N30 million if he should sign an acceptance that day or his employment would be terminated automatically with three months pay in lieu of notice. The Respondent rejected the offer. The Respondent alleged that he could not have been redundant, as the 1st Appellant had declared him, upon a re-organisation of the 1st Appellant because of his qualification and his performance as a Deputy General Manager Development.
The Respondent in this appeal, Mr. E. N. Nwaka, claimed against the six Appellants by a writ issued in the High Court of Rivers State several reliefs, some only of which are now relevant and will be quoted later in this judgment.
By a motion on notice dated 14th February, 2000 the Appellants prayed the High Court: