Hon. Justice Muhammaed Hamza of the Portharcourt Judicial Division of the National Industrial Court has ordered the Port Harcourt Electricity Distribution Plc to pay Mr Robert the sum of N20m as general damages for permanent disfiguration, serious trauma, and inconveniences as a result of near-death electrocution while on duty, and the sum of N500,000.00 (Five Hundred Thousand Naira) as cost of action within 1 month.
The Court declared that Port Harcourt Electricity Distribution Plc breached Mr Robert’s duty of care, resulting in Mr Robert’s accident in the course of his duty, causing him serious injury and permanent deformity.
Justice Hamza found the action of the Port Harcourt Electricity Distribution Plc disturbing and insensitive for issuing a query to Mr Robert while on his sick bed after the near-death electrocution.
From facts, the claimant- Mr Robert had submitted that he was employed on a temporary term basis for more than two years fixed period without his employment being made permanent by the Port Harcourt Electricity Distribution Plc.
Mr Robert averred that following a negligent action of his superior which caused his near-death occurrence and gruesome bodily injury, the Port Harcourt Electricity Distribution was insensitive and unconcerned in his plight, that after the company reluctantly paid N 2 Million which his father borrowed to save his life, the Port Harcourt Electricity Distribution Plc has failed to meet up with its other promises only to terminate his employment while on the sick bed.
In defence, the Defendant- Port Harcourt Electricity Distribution Plc denied liability and further stated that it fulfilled its duty of care toward Mr Robert and that Mr Robert was solely responsible for the accident and the resulting injuries for failure to utilize the temporary grounding device or safety belts, which are critical safety measures.
The Port Harcourt Electricity Distribution Plc argued that an employer who provides a safe system of work, adequate training, and proper protective measures cannot be held liable where an employee, by his negligence, disregards these measures and suffers injury.
In opposition, Mr Robert Counsel, Goodnews Obinna argued that the Port Harcourt Electricity Distribution Plc is vicariously liable and accountable to Mr Robert for the incident that happened as a result of the action of the mistaken instruction, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the presiding Judge, Justice Muhammed Hamza held that Mr Robert’s Fixed term of the contract of employment with the Port Harcourt Electricity Distribution Plc was renewed to full-time employment after the expiration of the Contract of service on May 31, 2021.
On negligence, the Court ruled that the master must ensure that he provides a safe system of work for the servant, and an employer will not have discharged his duty to provide a system of work unless he gives his workers proper instructions and reasonable supervision.
Justice Hamza stated that an employer has the burden of duties to ensure that she/he not only provides a safe system of work but that the worker uses the safety gadgets/protocol she/he provided to escape accidents.
The Court ruled that it is not enough for Port Harcourt Electricity Distribution to contend that the incident occurred as a result of the Mr Robert’s failure to observe safety protocols of the Port Harcourt Electricity Distribution Plc or that Mr Robert and Team did not adhere to the safe belting procedure nor did they secure the mandatory safety.
Justice Hamza stated that the duty of care on the Port Harcourt Electricity Distribution Plc in this instance goes beyond just training or making Mr Robert aware of safety measures and making sure that Mr Robert and the Team adhered to the safe belting procedure and the necessary mandatory safety since Mr Robert and his Team were detailed on official by the Port Harcourt Electricity Distribution to undertake a fault clearing task on high tension by the firm.