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Justice After Nine Years:
Aare Nureini Jimoh SAN Secures Landmark Victory for 317 Wrongfully Terminated Workers
On May 28, 2025, In what has now been recognized as a landmark decision in Nigerian labour jurisprudence, the National Industrial Court of Nigeria (NICN), Kano Division, on Tuesday, May 28, 2025, delivered a resounding judgment in favour of 317 workers wrongfully terminated by a Spanish-owned steel manufacturing company in Kano. The case, Yahaya Hamisu & 316 Ors. v. Nigeria Spanish Engineering Ltd. marked the end of a nine-year legal battle championed pro bono by renowned learned silk, Aare Nureini Soladoye Jimoh, SAN.
The workers, who had served the company for periods ranging from four to ten years, were summarily dismissed in March 2016, shortly after initiating steps to unionize under the Steel and Engineering Workers Union of Nigeria. Despite prior notices and a request for dialogue, the company responded with hostility. A day before the scheduled union inauguration, the company announced a factory shutdown, citing economic hardship. However, a backdated termination letter was subsequently issued on March 16, 2016, offering paltry severance to the employees.
The aggrieved workers unwilling to accept the injustice, approached the Natinal Industrial Court, Kano division, though financially incapacitated, they however found in Aare Jimoh SAN and his chambers a willing advocate. The firm not only provided full legal representation completely pro bono, but also offered financial and moral support to some of the workers who had been plunged into dire straits by the abrupt dismissal.
Hon. Justice M.A. Namtari in delivering judgement declared the termination of the claimants' employment as false, baseless, and without justification. The court set aside the termination letters, awarded ₦10 million in exemplary damages, ₦3.5 million in legal costs, and ₦42,126,480 in unpaid salaries equivalent to two years’ wages; all to be paid within 30 days.
Significantly, the ruling stands as a judicial watershed, reflecting the progressive and equity-conscious direction of the National Industrial Court in adjudicating modern employment disputes. In this case, Aare Nureini Jimoh SAN demonstrated exceptional advocacy by articulating, with clarity and depth, the modern international and domestic standards that now underpin Nigerian labour law. He convincingly moved the court away from the rigid common law doctrine of "master-servant", and toward a rights-based model that aligns with International Labour norms, specifically the International Labour Organization (ILO) Termination of Employment Convention No. 158 of 1982.
The learned silk submitted that, under the prevailing legal regime, employers are no longer at liberty to hire and fire at will, regardless of motive. Drawing from Articles 4 and 9(2)(a) of the ILO Convention No. 158, Aare Jimoh SAN emphasized that termination must now be based on valid, reasonable, and justifiable grounds.
He further prudently inferencely brought to proper understanding sections 16(1), 17, and 122(1) & (2)(l) of the Evidence Act, 2011, to argue that the evidentiary burden now rests on the employer not solely on the employee to establish the lawfulness of the dismissal. He stressed that an employee need not plead or prove ratification of International labour Conventions, as courts can rely on such instruments in employment matters given their interpretive value and Nigeria’s obligations under customary international law.
In solidifying this position, Aare Jimoh SAN cited and relied upon several recent landmark judgments that underscore the jurisprudential shift some of which includes Paul Udeh v. Cadbury Nigeria Plc (NICN/LA/364/2020) – Judgment delivered on October 3, 2024, where the NICN held that unfair dismissal, especially with underlying anti-union motives, contravenes principles of fair labour practice. Also, Mrs. Roseline Efomo Edeoboigbe v. Anjous Eweka & Co. (Chartered Accountants) & Anor (unreported- NICN/BEN/27/2022) where the NICN reiterated that employer discretion must be exercised reasonably and in accordance with international best practices. The case of Obembe Kikelomo v. First Royal Oil Nig. Ltd (NICN/LA/110/2020) – Another unreported authority reinforcing that wrongful dismissal in the face of organizing efforts is unlawful and attracts punitive damages.
These decisions, among others, were deployed masterfully by Aare Jimoh SAN to buttress his submission that labour law in Nigeria has undergone a judicial evolution, with courts now expected to enforce equity, fairness, and international norms in employer-employee disputes.
This case sets a powerful precedent and reaffirms the NICN’s commitment to advancing labour rights in Nigeria. It also highlights the role of dedicated public interest litigation and the need for strong advocacy rooted in both law and humanity.
Aare Nureini Jimoh SAN, through his advocacy, has once again etched his name in the annals of labour justice, not just as a lawyer, but as a conscience of the oppressed. His firm’s actions reflect a deep commitment to justice without financial motive, and a bold stand against industrial oppression and abuse of power.
As Nigerian employment law continues to evolve, this judgment will undoubtedly serve as a reference point for practitioners, labour unions, employers, and scholars seeking to understand and apply modern legal standards in employment relations.
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