By Desire Emmanuel
A court has ordered the Niger Insurance company to pay the sum of N17.1 milion to a widow within 30 days being the outstanding terminal benefits and entitlements of her husband who was an employee of the organisation before his death.
Justice Anthonia Ubaka of the Lagos Division of the National Industrial Court gave the order following a suit brought by the widow, Mrs Charity Ojakovo, against the insurance company.
The judge declared that Mrs Ojakovo is entitled to the outstanding sum of the terminal benefits of her husband, Mr Christopher Ojakovo and also awarded the sum of N500,000 cost against the company.
She ordered that all sums must be paid within 30 days, failing which the judgment sum shall attract 10 per cent interest per annum.
According to court documents, Mrs Ojakovo submitted that her husband was an employee of Niger Insurance before he died in June 2015 and that the company, through a letter in October 2015, informed her that the terminal benefits payable to her husband amounted to N46.1 million.
She added that after signing the withdrawal of service claim documents alongside her children, Niger Insurance only paid the sum of N29 million in instalments between 2016 and 2022, leaving an outstanding balance of N17.1 million, which the company failed and refused to pay despite repeated demands.
She further averred that the refusal of Niger Insurance to pay the outstanding terminal benefits caused her severe hardship, emotional trauma and financial difficulties while urging the court to grant the relief sought.
However, Niger Insurance neither entered an appearance nor filed any defence despite being served with the originating processes and hearing notices by the court.
Delivering judgment, Justice Ubaka stated that the Niger Insurance has not denied that the late Mr Ojakovo has been fully paid his terminal benefit, and held that the unlawful withholding of his outstanding terminal benefit was wrongful and illegal.
The judge held that the letter issued by Niger Insurance acknowledging that the sum of N46.1 million was due as terminal benefits to the late Mr Ojakovo constituted a clear admission of indebtedness under the law.
She stated that having admitted the indebtedness and having paid N29 million out of the agreed terminal benefits, Niger Insurance had a duty to pay the outstanding balance of N17.1 million to the widow.
