By SCM Staff Writer I Monday, Nov.10, 2025
LAGOS, Nigeria — In a landmark ruling against employment discrimination, the National Industrial Court of Nigeria, Lagos Judicial Division, has ordered telecommunications giant Airtel Networks Limited to pay a former employee, Mr. Olakunle, a total of over \text{N}150 million (approximately $160,000 USD) for wrongful termination related to a disability sustained while employed by the company.
Hon. Justice Joyce Damachi delivered the judgment, asserting that Airtel’s actions violated the Lagos State Special People’s Law 2010 and infringed upon the employee’s fundamental right to freedom from discrimination under the Nigerian Constitution.
Justice Damachi ordered Airtel to pay Mr. Olakunle the following sums within 30 days:
N99,426,880 as special damages, equivalent to 60 months of Mr. Olakunle’s aggregate salary, as prescribed by the Special People’s Law for disability sustained in the course of employment; N50,000,000 for general and exemplary damages;N831,874.58 as the total sum of withheld salary between January and October 2023.
The judgment emphasized the court’s duty to “uphold the supremacy of the Constitution and to frown at any action of an employer which has the effect of stigmatizing, marginalizing, or unfairly penalizing a citizen on account of disability.”
Mr. Olakunle was employed by Airtel in 2004. He sustained a major health challenge in the course of his employment, which left him dependent on a wheelchair for mobility, though he continued to work effectively, receiving commendations and promotions.
In May 2022, he suffered a second health challenge and, upon his return in September 2022, underwent a wellness test by Airtel.
Three months later, the company concluded he had incurred “permanent disability” and served him a termination letter in October 2023.
Airtel’s defense argued the termination was pursuant to its leave policy for absence exceeding 90 days and that the Lagos State Special People’s Law was inapplicable since the disability was not an “occupational hazard.”
Justice Damachi, however, rejected Airtel’s arguments. She highlighted that the telecom firm failed to provide Mr. Olakunle with the wellness test report, which the court deemed the key document to either justify his absence or indict him.
The court ruled that depriving Mr. Olakunle of the knowledge of his health status that initiated the separation process was a violation of the employment contract, making the termination “wrong ab initio.”
The judge noted that Airtel “serially breached all the procedures outlined in the leave policy for fairness” by failing to issue a query before termination.
Furthermore, the court cited evidence that Airtel had previously acknowledged Mr. Olakunle’s ability to “effectively discharge his duties remotely without physical presence in the office,” stating that the company’s decision to terminate instead of extending this “reasonable accommodation” was contrary to both the spirit and the letter of the law.
The judgment serves as a strong signal to employers operating in Lagos State, reinforcing that the Special People’s Law expressly prohibits discrimination in employment on the basis of disability and mandates significant severance payments when such rights are violated.
