Court allows virtual evidence in N108bn employee suit against Total Energies

In a landmark ruling, the National Industrial Court of Nigeria has permitted Ayodeji Sasegbon to present virtual evidence in his N108 billion lawsuit (No. NICN/LA/155/2023) against Total Energies E & P Nigeria Limited (TEPNG) and its parent company, Total Energies SE (TOTAL ESE).

The ruling was delivered by Justice Sanda Audu Yelwa of the National Industrial Court in Lagos following a motion requesting the court to allow Sasegbon to give his evidence virtually. The court therefore scheduled a Zoom hearing for January 28, 2025.

Sasegbon, who alleges wrongful termination of his position as a process engineer, seeks compensation amounting to N108,720,718,580.91 (approximately $138 million) for damages, including lost employment prospects, mental and emotional distress, and defamation.

Represented by Aniekan Obong of Strachan Partners, Sasegbon argued that he is in England receiving treatment for severe illness and trauma resulting from his abrupt dismissal.

Sasegbon’s lawsuit details that upon completion of his doctorate degree at Imperial College, London, in 2014, he applied to TEPNG and was employed on ‘contract’ basis on November 13, 2015, starting his role on December 1, 2015 in the Deep Water, Production Support Department.

He claims that the ‘contract’ status was used to bypass international labour rights.

Due to his exceptional performance, he said, he was recommended for permanent staff status in 2017. An email from Nathanael Herbomez, general manager, deepwater field operations, supported this recommendation, he noted.

Consequently, Sasegbon received an offer of permanent employment on October 13, 2017, and officially resumed as a process engineer (Smart Room) on November 20, 2017. He completed his probation period on April 5, 2018, and was confirmed in his appointment based on positive feedback and recommendations from his line managers.

He completed the six-month probation period on April 5, 2018, and his appointment was confirmed based on positive feedback and recommendations from his line managers, who affirmed that he “has brought a lot of value to the company and will be a great addition to the Total E&P Field Operations.”

Sasegbon also claimed that he continued to receive commendations from his direct supervisors, attesting to his exceptional qualities in line with TEPNG’s recruitment policy.

According to Section 7.1 of TEPNG’s recruitment policy, “The company will recruit people who possess the right competencies for vacant positions based on the approved current and projected manpower requirements.” Similarly, Section 7.2 states, “Merit will be the primary consideration when filling vacant positions in all categories of employment.”

Upon accepting his employment offer, Sasegbon acquired a status under the Nigerian law that is recognised under Article L1221-2 of the French Labour Code as a ‘Contrat à Durée Indéterminée’ (CDI), or an unlimited employment contract, which can only be terminated by mutual agreement or after a formal dismissal procedure.

In France, the CDI is the standard contractual employment relationship as defined by Article L1221-2 of the Labour Code, with rights and obligations set out in French labour law. Article 4 of the International Labour Organization’s Termination of Employment Convention, 1982 (No. 158), states: “The employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment, or service.”

Sasegbon’s status is recognised by the International Labour Convention, to which both Nigeria and France are parties, and by best international labour practices recognised under the Nigerian law.

Sasegbon stated that he received a termination letter dated July 19, 2018, from Abiodun Afolabi, executive director, Corporate Affairs & Services of TEPNG. Having not received any prior query or warning, and given that the letter provided no reason for his termination, he appealed to Nichola Terraz, managing director/chief executive officer of TEPNG, in a letter dated July 31, 2018, requesting a review and reconsideration.

However, his appeal was rejected by a letter dated August 6, 2018, signed on behalf of TEPNG by Paul Odekina, executive general manager, Human Resources.

The claimant also relies on evidence from a previous case, Olumagin vs TEPNG (Suit No. LA/580/2018), which was decided against TEPNG and is currently under appeal at the Federal Court of Appeal.

The hearing is set to continue in January 2025.

Charles Ebereonwu, Total Energies’ country communications manager, declined to speak on the matter.

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