By Lukman Olabiyi
Justice S H Danjidda of the National Industrial Court (NIC), Lagos Division has fixed June 30, for hearing of the 100 million suit filed by the proprietor of Heyfash Football Foundation, Amos Ajani Fasanya against an Indian national, Pawan Kapur, of Tincan Island Container Terminal Limited (TICT), over alleged racial abuse, injustice, dehumanisation and workplace harassment and wrongful termination of his appointment.
Fasanya, an ex employee of TICT, dragged his former employer before the court over wrongful dismissal.
In his statement of claim, he alleged that his for boss, Kapur racial abuse him before unceremonious terminating his appointment in December 2021.
He accused Kapur of calling him “black monkey” and ridiculing him and disparaging him because of the colour of his skin, without any form of provocation.
Fasanya claimed that he was employed as the Invoice Manager of TICT after the concessionaire ordered by the former President Olusegun Obasanjo while Kapur came in as the Commercial Manager of the same company.
According to him, “sometime in 2018, a customer of TICT, one Sunday Audu, approached me in my office to pick up an invoice in respect of a shipment- an artificial football pitch. Audu, who is an ex-international footballer, requested a discount on the shipment, which I offered to oblige him, subject to management’s approval.
“Since Kapur was required to give his consent before such a discount could be granted, I then proceeded to see him with the customer, (Sunday Audu). But as soon as we stepped into his office, he (Kapur) started shouting, “you black man, you black monkey,” torrents of insults which were unwarranted.
Further, Fasanya claimed that ever since he has been traumatised, and always felt dehumanised at work and noted that Kapur has neither apologised nor shown any remorse for his verbal assault.
At the resumed hearing of the case on Wednesday, Fasanya’s counsel Chukwunonso Azih moved application for extention of time in order to responding to Preliminary Objection filed the defendant’s counsel Adedamola Kikiowo, challenging the court jurisdiction to hear the case.
Azih has prayed court for a very short adjournment for the court to entertain the defendant’s preliminary objection and also commence full trial of the case.
Kikiowo did not opposed the application of the applicant and the judge, subsequently, fixed the date June 30, for possible hearing of the preliminary objection filed and commencement of trial in case.
Among the prayers of Fasanya are; to declare Kapur’s action illegal and contrary to extant Nigeria’s laws and international human rights’ best practices.
An order of perpetual injunction restraining the defendant against further intimidation, harassment and racial discrimination.
He equally asked the court for an order mandating the defendant to undergo training on prevention workplace harassment.
He asked the court to compel Kapur to pay him N100 million compensation for his injured reputation due to the workplace harassment and racial discrimination he was subjected to by the defendant.