Court permits TotalEnergies’ ex-employee to present virtual evidence in N108bn suit against firm

A national industrial court in Lagos has permitted Ayodeji Sasegbon, a former employee of Total Energies E&P Nigeria Limited (TEPNG), to present virtual evidence in his N108 billion lawsuit against the firm’s parent company, Total Energies SE (TOTAL ESE).

The ruling was made by Sanda Yelwa, a judge at the industrial court, following a motion requesting the court to allow Sasegbon to virtually give his evidence over “wrongful termination of appointment” as a process engineer by the firm.

The court, therefore, slated a virtual hearing for January 28, 2025.

Represented by Aniekan Obong of Strachan Partners, Sasegbon argued that he is in England receiving treatment for the “debilitating illness and trauma occasioned by the shocking and devastating effect of the wrongful termination”.

In suit no NICN/LA/155/2023, Sasegbon is seeking compensation amounting to N108 billion as special, general, and futuristic damages, including lost employment prospects, mental and emotional distress, and character defamation.

‘I RECEIVED A LETTER OF TERMINATION FROM TEPNG’

In his statement of fact, Sasegbon said after completing his doctoral degree at Imperial College, London, in 2014, he submitted an unsolicited application to TEPNG career website on August 16, 2014.

After undergoing tests and interviews, Sasegbon said he was on November 13, 2015, employed “on contract” by TEPNG, resuming officially in the deepwater, production support department of the company on December 1, 2015.

The categorisation “on contract”, he said, is legally meaningless and “contrived unlawfully to suspend rights accruing under international labour conventions and treaties by which the parties are bound”.

Due to his exceptional performance, Sasegbon said he was recommended for confirmation as a “permanent staff” in 2017.

Consequently, he received an offer of “permanent employment” on October 13, 2017, and resumed as a process engineer (smart room) on November 20, 2017.

The former employee said he completed his probation period on April 5, 2018, and was validated for confirmation of appointment based on positive feedback and recommendations from his line managers.

Sasegbon further claimed that upon the acceptance of his employment offer, he acquired under Nigeria law, a status recognised under article L1221-2 of the Labor Code of France as “Contrat a Duree Indeterminee (CDI) or an unlimited employment contract which can only be ended by mutual agreement or after a formal dismissal procedure”.

“In the law of France, the CDI is the normal contractual employment relationship under Article L1221-2 of the Labor Code,” he said.

“The rights and obligations under the CDI are set out in French labor law.”

The claimant said his status is recognised by the international labour convention to which both Nigeria and France are parties and by international labour practices recognised under Nigerian law.

Sasegbon said he received a letter of termination executed on behalf of “the TEPNG by the Executive Director, Corporate Affairs & Services, Mr. Abiodun Afolabi dated July 19, 2018”.

In a letter dated July 31, 2018, Sasegbon said he appealed to Nichola Terraz, the then managing director and chief executive officer (CEO) of TEPNG, for a review and reconsideration, as he had not received any prior query and because the termination letter failed to give substantial reason.

However, Sasegbon said the company rejected his appeal in a letter dated August 6, 2018, signed on behalf of TEPNG by Paul Odekina, the company’s executive general manager of human resources.

The claimant said he is relying on the depositions and evidence, which form the public record, in the case of Olumagin vs TEPNG, suit no LA/580/2018.

He said the suit was earlier decided against TEPNG and the company seeks to lodge an appeal at the federal court of appeal.