The crisis rocking ETISALAT lately which has now metamorphosed to 9MOBILE has taken as Industrial training
Fund and its Director General have renewed their legal battle against
the Telecommunication giant in a bid to collect statutory contributions in the sum of N4,570,093,340.57 from the company.
Fund and its Director General have renewed their legal battle against
the Telecommunication giant in a bid to collect statutory contributions in the sum of N4,570,093,340.57 from the company.
In a statement of claim filed before the court by a Lagos
lawyer Dr Clifford Okoye, it was alleged that ETISALAT, is an
employer of labour, Carrying on business in Nigeria, with its head
office situate at plot 19, Zonal Federal Government, layout, Banana off
shore island Ikoyi, Lagos Nigeria.
lawyer Dr Clifford Okoye, it was alleged that ETISALAT, is an
employer of labour, Carrying on business in Nigeria, with its head
office situate at plot 19, Zonal Federal Government, layout, Banana off
shore island Ikoyi, Lagos Nigeria.
Despite repeated demands on the defendant by the I T F and its external solicitors, Dr Clifford Okoye to pay the outstanding balance of I T F statutory
contributions for the year 2011 to 2015 amounting to a total sum
of N 4,570,093,340.57 due and owed by the 9mobile company to the
plaintiff but the defendant has failed, refused and neglected to do so
without any justification whatsoever.
contributions for the year 2011 to 2015 amounting to a total sum
of N 4,570,093,340.57 due and owed by the 9mobile company to the
plaintiff but the defendant has failed, refused and neglected to do so
without any justification whatsoever.
Wherefore the plaintiffs claim against the defendant is as
follows: a liquidated debt of N4, 570, 093, 340, 57 being the total
outstanding balance of statutory contribution due and owed by the
defendant to the plaintiffs for year 2011 to 2015. Interest on the said sum at the rate of 5% per month on the
outstanding debit commencing from 12th July 2017 until judgement is
delivered.
follows: a liquidated debt of N4, 570, 093, 340, 57 being the total
outstanding balance of statutory contribution due and owed by the
defendant to the plaintiffs for year 2011 to 2015. Interest on the said sum at the rate of 5% per month on the
outstanding debit commencing from 12th July 2017 until judgement is
delivered.
However, in a statement of defence filed before the court
by Mrs Funke Adekoya SAN on behalf of the telecommunication company, the
company averred that it does not owe the ITF the sum of
N4,570,093,340.57 or any sum whatsoever which was wrongly assessed as
paid statutory training contribution to the ITF as alleged by the
Plaintiffs, as the company has duly paid total sum of N673,129.66 for
the years 2011 to 2015.
by Mrs Funke Adekoya SAN on behalf of the telecommunication company, the
company averred that it does not owe the ITF the sum of
N4,570,093,340.57 or any sum whatsoever which was wrongly assessed as
paid statutory training contribution to the ITF as alleged by the
Plaintiffs, as the company has duly paid total sum of N673,129.66 for
the years 2011 to 2015.
The company also contended that it is entitled to a refund
of N275,863,868.93 amount it overpaid to the ITF as its statutory
training contributing for the period of 2011 to 2015 therefore counter
claim in the sum of N275,863.93 consequently urge the count to direct
ITF to refund the overpayment back to it.
of N275,863,868.93 amount it overpaid to the ITF as its statutory
training contributing for the period of 2011 to 2015 therefore counter
claim in the sum of N275,863.93 consequently urge the count to direct
ITF to refund the overpayment back to it.
However In its reply to the defence of the
Telecommunication company, ITF averred that the payment made by the
defendants were all done after the defendants self assessment of what it
believe were its due statutory contributions to the fund in respect of
those years, but after the verification exercise by ITF on the books of
the defendant,the defendant was rather embarrassed for being, as they
were caught in the act of evading its statutory liability for the pass
years.
Telecommunication company, ITF averred that the payment made by the
defendants were all done after the defendants self assessment of what it
believe were its due statutory contributions to the fund in respect of
those years, but after the verification exercise by ITF on the books of
the defendant,the defendant was rather embarrassed for being, as they
were caught in the act of evading its statutory liability for the pass
years.
Consequently the belated objections now being raised after
five years by the defendant are mere after thought, as the defendants
did not make any excess payments to the plaintiffs as computed and
certified by its competent and reliable accountants and Human Resources
Managers.
five years by the defendant are mere after thought, as the defendants
did not make any excess payments to the plaintiffs as computed and
certified by its competent and reliable accountants and Human Resources
Managers.
Therefore the plaintiffs are urging the court to
discountenance the counter claim of the defendant as same is frivolous
,vexatious and lack merit.
