Hon. Justice Joyce Damachi of the Lagos Judicial Division has ordered Airtel Networks Limited to pay Mr. Olakunle a total of N149,258,754.58 in damages for wrongful termination, citing violations of both his employment contract and the Lagos State Special People’s Law 2010.
The court ruled that Airtel must pay N99,426,880, representing 60 months of Mr. Olakunle’s salary as special damages, N50,000,000 as general and exemplary damages, and N831,874.58 for salary withheld between January and October 2023. The payments are to be made within 30 days.
Justice Damachi noted that under the Lagos State Special People’s Law, an employee with a disability incurred in the course of employment is entitled to a severance package equivalent to 60 months’ salary.
She emphasised that the Constitution protects citizens from discriminatory practices, and that Airtel’s actions stigmatized and marginalised Mr. Olakunle based on his disability, violating his fundamental right to freedom from discrimination under Section 42 of the Constitution.
The judgment followed claims that Mr. Olakunle, who was employed by Airtel in 2004, had sustained a health challenge requiring the use of a wheelchair. Despite this, he resumed work in 2008 and received multiple commendations and promotions.
In May 2022, Mr. Olakunle experienced another health setback and resumed in September 2022. Airtel conducted a wellness test, but the results were never shared with him. Three months later, the company terminated his employment on October 26, 2023, citing “permanent disability.”
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Airtel, in its defense, argued that the wellness report was confidential, that Mr. Olakunle failed to resume office physically after March 2022, and that the Special People’s Law did not apply as his disability was not an “occupational hazard.” The company further claimed the termination adhered to its leave policy, which allows disciplinary action for absences beyond 90 calendar days.
Mr. Olakunle’s counsel, Moshood Aliu Esq., countered that his client’s absence was temporary and approved, and that Airtel waited 14 months after the absence before terminating him, effectively waiving any right to claim a policy breach. He argued that Mr. Olakunle’s disability made him a “person living with a disability” under the Special People’s Law, making statutory benefits non-negotiable and beyond the reach of any company agreement.
Justice Damachi found in favor of Mr. Olakunle, highlighting that the wellness report—critical to assessing his fitness for work—remained exclusively with Airtel. She held that the company’s failure to provide the report and follow proper leave procedures rendered the termination wrongful from the outset. The court also noted that Airtel had acknowledged that Mr. Olakunle could perform his duties remotely, but instead opted for termination, violating both the spirit and letter of the law.
“The Lagos State Special People’s Law expressly prohibits discrimination in employment based on disability. Airtel Networks’ termination of Mr. Olakunle on grounds linked to his health condition constitutes clear discrimination,” Justice Damachi ruled.
