The Port Harcourt, Rivers State division of the National Industrial Court of Nigeria, has awarded the sum of N8 million in favour of a casual worker, Mr. Anele Kemakolam, over injuries he sustained while operating an industrial recycling machine belonging to S & E Pitason Industries Limited.
In awarding the sum in Kemakolam’s favour, Justice Z. M. Bashir, in a judgment delivered on September 8, 2026, held that the company breached its duty of care by failing to provide the claimant with a reasonably safe machine and system of work.
Kemakolam had instituted the suit, marked NICN/PHC/64/2019, seeking N3 million compensation for his amputated right index finger and injury to his distal metatarsal region. And another N11 million for loss of earnings and permanent incapacitation, and as general damages for negligence.
During the trial of the case, the claimant had told the court that he was employed to operate a heavy-duty recycling machine at the company’s production and recycling yard in Aba. Adding that the machine lacked adequate protective guards and that he had complained about the danger before being instructed to continue operating it.
He also told the court that on December 15, 2017, his right index finger and distal metatarsal region were crushed while operating the machine, resulting in permanent amputation and serious injuries.
The firm, S & E Pitason Industries Limited, denied negligence, insisting that the claimant was a casual employee who had received training and protective equipment. Adding that the dangerous components of the machine were enclosed and that the accident could only have resulted from the claimant’s own carelessness or interference with the machine.
In deciding the suit, Justice Bashir found that the company’s own evidence weakened its defence. And that witnesses admitted that operators shown in the evidence were not wearing the protective equipment the company claimed was provided.
The judge also noted that photographs and video evidence tendered by the defendant showed operators manually feeding materials into the machine while it was operating.
The court further rejected the company’s argument that the claimant’s status as a casual worker relieved it of its duty of care, holding that an employer owes a duty to ensure the safety of persons engaged in its undertaking regardless of whether they are casual or permanent employees.
Justice Bashir held that the claimant has successfully established that the company failed to take reasonable precautions to provide a safe machine and system of work, and that the breach materially contributed to his injuries.
Consequently, the judi awarded a total sum of N8 million in favour of Kemakolam, for the personal injuries and permanent amputation suffered by the claimant, and for general damages for pain, suffering, permanent disfigurement, inconvenience and loss of amenity.
The court however, refused the claimant’s claim of of N6 million, for loss of earnings and permanent incapacitation was dismissed, as it held that Kemakolam failed to provide sufficient evidence of permanent inability to work or how the claimed loss was calculated.