Facts
The Respondents were employees of the former Benue Cement Company Plc. taken over by the present Appellant who were suspended indefinitely for investigation to be carried out on allegations of fraud and theft in the company’s commercial/marketing department. The Respondents protested the indefinite suspension and on finding that the company would not bulge, the Respondents filed an action (against the company) at the High Court while seeking injunctive reliefs restraining the company from doing any act adverse to the Respondents during the pendency of the action.
Meanwhile, there was a development post the filing of the action. The company (i.e. Benue Cement Company Plc.) had been taken over by the Appellant which became responsible for the termination of the employment of the Respondents (alongside other employees). This led to the Respondents amending their claim before the trial court to include reinstatement and payment of entitlements from the date of the indefinite suspension and termination of employment on basis of breach of their contract of employment. At the close of trial, the trial judge found that the indefinite suspension and termination of the Respondents’ employment was unlawful and the company was ordered to pay all entitlements from the date of the suspension, termination and disengagement.
