The Applicant on the Right to know the terms of engagement averred that upon their
reinstatement into the Armed Forces of Nigeria, they were neither given a letter of
re-instatement nor were they informed about their condition of work. This was not
rebutted by the Respondent. Facts that are usually not denied by parties to an action
are deemed to have been admitted. On this note the right for the Applicants to know
the terms of their engagement was breached and subsequently violated.
Right to receive equal remuneration
On the issue of Right to receive equal remuneration for equal work done the
Applicants averred that they were not receiving salary for a period of seven months
and also their allowances were paid for this period. Of equal strength is the allegation
that the Applicants’ were dismissed without them being paid their allowances and
salaries for a period of seven months and without end of service benefits. The
Respondent did not rebut this averment anywhere in his defense. During cross
examination of the Applicants’ witness, where the Respondent had the opportunity
to rebut this allegation he also failed to so. Therefore the facts as alleged are deemed
to have been admitted. To this end deprivation of the Applicants’ to earn salaries and
allowances in respect of work they have so far done amounts to a breach on their
right to receive equal remuneration for work done and such breach will constitute a
violation.
Right to work in conducive environment
The Applicants further to their averments, claim that during the period of their work
they were denied communication with their families and that the working
environment was not conducive. This also was not denied by the Respondent which
also constitutes an admission and violation of the right to work in a conducive
environment.
On the totality of the evidences so far adduced by the Applicants including the
testimony of Applicants’ witness before the Court during examination-in-chief and
cross-examination by the Respondent Counsel, the allegation remain unrebutted and
as such confirmed to be credible and admitted.
The Court notes that any failure for any party engaged in employment to enforce any
one of the above stated rights can constitute a breach and therefore an act of violation
of such rights. The Court observes that the Applicants in their initial application
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