IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE AWKA JUDICIAL DIVISION

HOLDEN AT AWKA.

BEFORE HIS LORDSHIP HON. JUSTICE J. I. TARGEMA, PHD

 

DATE: NOVEMBER 13, 2025                       

SUIT NO: NICN/AWK/27/2020

 

BETWEEN  

Mr. Oneykachukwu Nsoedo                                   -     Claimant 

 

AND

International Breweries Plc                                    - Defendant

 

REPRESENTATION

P.U. Ogbonna, Esq. for the Claimant.

Avemaria Okeke Molokwu, Esq. for the Defendant.

 

JUDGEMENT

INTRODUCTION

  1. The Claimant commenced this action by a complaint filed on 6th of October 2020 and accompanied with the statement of facts, list of witnesses, witness statement on oath, list of documents to be relied upon at the trial and copies of the documents. By the compliant and statement of facts, the claimant is claiming against the defendants the following reliefs:
  2. A Declaration that the termination of the Claimant’s employment from the employment of International Breweries Plc was wrongful.
  3. A Declaration that the claimant is entitled to all unpaid benefits and allowances.
  4. An Order directing the Defendant to pay over to the claimant the following benefits and allowances which were due to the claimant but not paid to him:
    1. N503,527.10 (Five hundred and Three Thousand Five Hundred and Twenty-Seven-naira, ten Kobo only) being claimant’s leave allowance for 2019. (Calculated at 10% of Annual Basic salary).
    2. N419,605.92 (Four Hundred and Nineteen Thousand six Hundred and Five thousand Ninety-Two Kobo) Being claimant’s 13th Month Salary (Calculated at one month’s Basic Salary)
    3. N603,398.29 (Six Hundred and Three Thousand Three hundred and Ninety-Eight Thousand Twenty-nine kobo) being Claimant’s Gross Salary for the Month of November, 2019.
    4. N603,398.29 (Six Hundred and Three Thousand Three Hundred and Ninety-Eight naira, Twenty-Nine Kobo) being Claimant’s Gross salary for the month of December, 2019.
    5. 12 cases of international Breweries plc branded drinks (Free Drink Issue) for the Months of November and December 2019.
    6. 6 Cases of International Breweries plc Branded Drink for End of the year Free drink Bonus 2019
    7. Housing allowance at 40% of Annual Basic Salary
    8. Relieving allowance from 22nd July, 2019 to 1st October 2019 at 20% of reliever(s) monthly basic salary
    9. Bonus 2019 as calculated from the plaintiff’s employer’s handbook.

 

  1. An Order directing the Defendant to pay the claimant the sum of N530,040 (Five Hundred and Thirty Thousand, Forty Naira) as special damages, being the total sum of all expenses incurred by the claimant in the course of attending 4 (Four) disciplinary panel invitation and summarized below as follows:
    1. N13,000 (Thirteen Thousand Naira only) being cost of fuel bought from Popsy Oil and Gas Ltd in Lafia, Nasarawa on the 30th of October 2019.
    2. N 10,000 (Ten Thousand Naira Only) being cost of fuel bought from NNPC mega Station Oturkpo Benue State on 30th of October 2019.
    3. N22,000 (Twenty-Two Thousand Naira Only) being cost for accommodation and feeding at Toscana Hotel Enugu on 30th October, 2019.
    4. N12,000 (Twelve Thousand Naira only) being the Cost of fuel purchased at NNPC fuel Station Awka on 31st October 2019.
    5. N30,000 (Thirty thousand Naira only) being cost for accommodation and feeding at for 2 (two nights) New Orleans Hotel Awka on 2nd November, 2019.
    6. N10,000 (Ten thousand Naira only) being cost of fuel bought from NNPC mega Station Awka on the 2nd of November, 2019.
    7. N10,000 (Ten Thousand Naira only) being cost of fuel bought from Popsy Oil and gas Ltd Lafia on the 2nd of November, 2019.
    8. N8,000 (Eight Thousand Naira) being cost of transportation fare from Lafia to Awka on the 5th of November, 2019.
    9. N36,000 (Thirty-Six Thousand Naira only) being cost for accommodation and feeding for 4 (Four) nights at New Orleans Hotel Awka On the 9th of November 2019.
    10. N25,000 (Twenty-Five Thousand Naira only) being cost of transportation fare from Awka to Onitsha and from Onitsha to Awka on the 6th of November, 2019.
    11. N8,000 (Eight Thousand Naira only) being cost of transportation fare from Awka to Lafia on the 9th of November, 2019.
    12. N15,000 (Fifteen Thousand Naira only) being cost of accommodation and feeding at The Consort Suites Abuja on the 15th November, 2019.
    13. N15,600 (Fifteen Thousand Six Hundred Naira only) being cost of accommodation and feeding at Disney Hotels Abuja on 16th of November, 2019.
    14. N3,800 (Three thousand eight hundred Naira only) being cost of fare (Uber Taxi) on the 17th November, 2019.
    15. N48,700 (Forty Eight Thousand Naira only) being cost of Flight by Air peace from Abuja to Asaba Airport on 17th November, 2019.
    16. N5000 (Five Thousand Naira only) being cost of Taxi fare from Asaba Airport to Cyson Hotel in Asaba on the 17th November, 2019.
    17. N10,000 (Ten Thousand Naira only) being cost of taxi fare from Cyson Hotel Asaba to International breweries Plant Onitsha on the 18th of November, 2019.
    18.  N5,000 (Five Thousand Naira only) being cost of Taxi fare from Cyson Hotel Asaba to Asaba Airport on the 19th of November, 2019.
    19. N51,500 On (Fifty One thousand five hundred Naira) being cost of Flight by Air Peace from Asaba Airport to Abuja on the 19th November, 2019.
    20. N13,400 (Thirteen Thousand four hundred Naira only) being cost for Accommodation and feeding at Disney Hotel Abuja on the 20th of November 2019.
    21. N11,000 (Eleven Thousand Naira) being cost for courier by DHL to deliver two letters on the 6th December, 2019.
    22. N29,600 (Twenty Nine thousand six hundred Naira only) being cost of accommodation and feeding at Disney Hotel Abuja on the 11th of December, 2019.
    23. N33,000 (Thirty Three Thousand Naira only) being cost of flight for Air Peace from Abuja to Lagos on the 11th of December, 2019.
    24. N64,940 (Sixty Four Nine Hundred and Forty Naira only) being cost of accommodation and feeding at Best Western Star Fire Hotel Lagos from 11th to 14 December 2019.
    25. N1,600 (One thousand Six Hundred Naira only) being Cost of Taxi fare (Uber Taxi) on the 12th of December, 2019.
    26. N2,200 (Two Thousand Two Hundred Naira Only) being cost of Taxi Fare (Uber Taxi) from International Breweries plc (ABInbev Head Office Ikoyi to Best Western Star Fire Hotel Ikeja Lagos on the 12th December, 2019.
    27. N35,700 (Thirty-Five thousand seven hundred Naira only) being cost of flight for Air Peace from Lagos Airport to Port- Harcourt Airport on the 21st of December, 2019.

 

  1. The sum of N 480,000 (Four Hundred and Eighty Thousand Naira only) being Cost for execution of soon to expire Budweiser Promo on behalf of the defendant.

 

  1. The sum of N 250,000,000 (Two Hundred and Fifty Million Naira) as general Damages for wrongful termination of the claimant’s employment.

 

  1. 10 % monthly interest on Judgement sum until judgement sum is finally liquidated.

 

  1. Cost of this action in the sum of N2,000,000.

 

  1. At the trial, the claimant testified on his own behalf as CW and tendered 145 exhibits marked as follow: 
  2. Defendants Letter to claimant dated 1 September 2018 - merit Increase September 2018 - Exhibit CW1
  3. Certificate of authentication - Exhibit CW2
  4. Yahoo mail from Gabriel Onyia to Onyeneze@yahoo.com and others dated Wednesday April 4 2018 by 02:03 pm -Exhibit CW3
  5. Yahoo mail from Onyeka Nsoedo to Jonathan Adabara at yahoo,com dated Thursday April 5 2018 y 10.00pm -Exhibit CW4
  6. Certificate of authentication dated 6 October 2020 -Exhibit CW5
  7. Yahoo mail from Gabriel Oniya to Onyenese dated Monday September 17, 2018 04:16 am - Exhibit CW6
  8. Yahoo mail- RE Special Bulk Breakers Scheme Proposed from Onyekachukwu dated 11-15-2019- Exhibit CW7
  9. Certificate of Authentication - Exhibit CW8
  10. Email from Onyeka to Ademola DM Jos 08/29/30382 -Exhibit CW9
  11. Certificate of authentication -Exhibit CW10
  12. Photographs- Exhibit 11A, 11B and 11C
  13. Certificate of Authentication -Exhibit CW12
  14. Defendants statement on Chivic Heroes Worldwide Ltd dated 17/12/18 -Exhibit CW13
  15. Email from claimant to Gabriel ONIYA DATED JAN 3 2019- Exhibit CW16.
  16. Lafia FY/ Distributors performance as at Exit of December 31, 2018- Exhibit CW17
  17. Our Dream Regional Demographic Profile- Exhibit CW18
  18. December Exit C/8 manpower heads (Organogram)/gaps -Exhibit CW19.
  19. Lafia regional review Plan at December 31, 2018 -Exhibit CW20
  20. Performance by Sales Area as at December 31, 2018 -Exhibit CW21
  21. Performance by Category by Region as at December 31, 2018 - Exhibit CW22
  22. Brand Performance by region as at Exit December 2018- Exhibit CW23
  23. FY/YID 2018 Distributor Performance as at exit December 2018 - Exhibit CW24
  24. Some of the Key challenges- Exhibit CW25
  25. YTD 2018 Activities executed on beer and Malts -Exhibit CW26
  26. YTD Competitors Activities -Exhibit CW27
  27. Key Initiatives for Q1 2019 for Lafia -Exhibit CW28
  28. Key Initiatives for Q1 2019- Opportunity Distribution Credit Review- Exhibit CW29
  29. Q1 C19 Activation - Exhibit CW30
  30. Q1 C19 Plan - Eagle Village Execution- Exhibit CW31
  31. Q1 C19 Plan Drive Malt Volumes - RGB & Can - Exhibit CW32
  32. Q1 C19 - drive Castle Lite- Exhibit CW33
  33. Q1 C19 Plan for bulk breakers and POCs- Exhibit CW34
  34. Defendants Letter of Confirmation of Appointment of Claimant dated October 26, 2018- Exhibit CW35
  35. Defendants Letter to Claimant dated 1 September 2018 Merit Increase September 2018- Exhibit CW36
  36. Certificate of Authentication of Exhibit CW35 dated 6/10/2020 -Exhibit CW37
  37. Certificate if Authentication of LAfia Regional Review Presentation C18 FY/YTD as at December 31, 2018 dated January 3, 2019 sent to Mr. Gabirel Onyia - Exhibit CW38
  38. Customer / Location Identification Form- Chivic heroes World Wide Ltd  Lafia - Exhibit CW39 ) to which is attached Statement of Chukwudi Anulika Chinazor dated 01/05/2018)
  39. Defendants statement of Chivic Heroes Worldwide Ltd dated 01/06/2018 Exhibit CW40 
  40. Certification of Authentication of Copy of Chivic hero Statement of Account with International Breweries PLC dated 6/10/2020 -- Exhibit CW41
  41. Claimants UBA Account Statement (Feb 12, 2019- February 15, 2019) Exhibit CW42
  42. Claimants Zenith Bank PLC Account Statement for the period 19/06/2018 to 26/06/2018 -Exhibit CW43
  43. The Claimants Special Bulk Breakers Schemen Proposal to Gabriel Oniya dated September 16, 2018 -Exhibit CW44
  44. Certificate of Authentication of claimants Email of 16th day of September sent to Mr. Gabriel Oniya -- Exhibit CW45
  45. Summary of Approved Promo Money transferred by Chivic Hero as approved by my Boss Mr Gabriel Oniya (Undated and Unsigned Exhibit CW40.
  46. Zenith bank PLC statement of account of claimant for the period 20/2/2018 to 10/01/2019 ---Exhibit CW47
  47. Claimants UBA Account statement May 21-2018 to May 21 2018 -Exhibit CW48
  48. Claimant Email to Edobor Ijeoma on Employee Handbook dated March 12, 2019 --Exhibit CW49
  49. Certificate of Authentication of Email between Claimant and Mr. Edobor Ijeoma between 7-3-2019 and 12-3-2019- Exhibit CW50
  50. Email from Sunday Achukwu to Abayomi Ajao CC: Claimant- Subject Budweiser Withchese BB date Dated 10 May 2019 -- Exhibit CW51
  51. Certificate of authentication of mail received from Sunday Achuku on 10 May 2019 Exhibit CW52
  52. Email from Ajao Abayomi to claimant and others Re: Budweiser with dose BB date dated May 10 2019- Exhibit CW53
  53. Certificate of Authentication - Exhibit CW54
  54. Email from claimant to Ajao Abayomi and others sent Monday June 24, 2019 Re: Budweiser with close BB date - Exhibit CW55.
  55. Certificate of Authentication- Exhibit CW56
  56. Acknowledgement of Employee Handbook by sales department including claimant and others listed dated 10/6 2019 --Exhibit CW57.
  57. Email from Edobor Ijeoam to the Claimant on September 23, 2019 subject: 2019 Merit Increase -- Exhibit CW58
  58. Certificate of Authentication -Exhibit CW 59
  59. Email from Gabriel Onoya to the Claimant and others dated June 6 2019 subject Bud Special Party -Exhibit CW60
  60. Certificate of Authentication - Exhibit CW 61
  61. Chivic heros World Wide Ltd 5 nos Cash/Credit Sales invoices- 50 Budweizer Plus 25 crates for Promo to 5 different Customers- Exhibit CW 62
  62. Certificate of Authentication -- Exhibit CW 63
  63. Email from Eze Innocent to Innocent Akunne (Copied) dated 2 July 2019 Subject Realignment -Exhibit CW64
  64. Certificate of Authentication Exhibit Exhibit CW65
  65. Email from claimant to Sunday Achukwu and others on lafia Area H1/Q2 2019 performance Volume cases & HL - Exhibit- CW66
  66. Certificate of Authentication - Exhibit CW67
  67. Email from Gabriel Onoya to claimant and others dated 22 July 2019 on: leave - Exhibit CW68
  68. Certificate of Authentication - Exhibit CW69
  69. Email from Claimant to Edobor Ijeoma Subject: In line with the Policy payment for relieving /acting as HOS/DM dated 7/10/2019 - Exhibit CW70
  70. Certificate of Authentication dated Exhibit- CW71
  71. Email from Internal Communications West Africa to Nigeria All Users and claimant’s Forwarding of: Marilyn Maduka: Introducing our New Disciplinary Policy dated July 12, 2019 -- Exhibit Cw72.
  72. Certificate of Authentication -- Exhibit Cw73
  73. Mail from Internal Communications West Africa to Nigeria All users on Marilyn Maduka - Key changes to our Disciplinary Policy dated August 7, 2019 - Exhibit CW74
  74. Certificate of Authentication -Exhibit CW75
  75. Claimants email to Gabriel Oniya & Copied on : Buisness diagnostic health Checks for Chivic Heroes and May -Joe DBS - Exhibit CW76
  76. Certificate of Authentication- Exhibit CW77
  77. Claimants email to Marilyn Maduka & others dated October 14, 2019 - Indefinite Suspension Notice- Exhibit CW78
  78. Certificate of Authentication - Exhibit CW79
  79. Email from Edobor Ijeoma to the claimant and others - Suspension from Duty on full pay- Exhibit CW80
  80. Certificate of Authentication - Exhibit CW81
  81. Query from Edobor Ijeoma to claimant and copied others dated October 16, 2019 - Exhibit CW82
  82. Certificate of authentication - Exhibit CW83
  83. Re: Query- Claimant’s answer to query dated 17 October 2019 - Exhibit CW84
  84. Certificate of Authentication- Exhibit CW85
  85. Claimants Email to Edobor Ijeoma (Copied to others) dated 17 October 2019 re: Suspension from Duty on Full pay - Exhibit- CW86
  86. Certificate of Authentication -Exhibit CW 87
  87. Email from Edobor Ijeoma to the Claimant (Copied to others) dated 28 October 2019- disciplinary hearing notification holding on 31-10-2019 at Onitsha plant - Exhibit- CW88
  88. Certificate of authentication - Exhibit CW89
  89. Petrol at NNPC Mega Station for vehicle No GDD 53 XB at N145 X 69 Litres - N10,000 - Exhibit CW90
  90. Popsy Oil & Gas Nigeria Ltd Petrol for vehicle no GDD 53x B for 13000 on 30/10/2019 -Exhibit CW91
  91. Toscana Hotels Independence Layout Enugu Accommodation for claimant N22,000- Exhibit CW92
  92. NNPC Mega Station Awka PMS at N12,000 for vehicle No GDD 53XB - Exhibit CW93
  93. Email from claimant to Olaleye Abimbola (others copied) dated 31st October 2019 - Postponement of the Disciplinary Hearing - Exhibit CW 94
  94. Certificate of Authentication Exhibit- CW95
  95. Email form Edobor Ijeoma to Claimant and copied to others dated 31/10/2019- Re: Postponement of the Disciplinary Hearing Exhibit- CW96
  96. Certificate of Authentication - Exhibit CW97
  97. Claimant’s accommodation and feeding at New Orleans Royale Awka on 2/11/2019 at N30,000 Exhibit- CW 98
  98. NNPC Mega station Awka PMS for vehicle GDD 53X B at N10,000 on 2/11/2019 Exhibit -CW99
  99. Popsy Oil & gas Nig Ltd Fuel for GDD 53 X B at N10,000- Exhibit CW100
  100. Email from Edobor Ijeoma to claimant (and others copied) on reschedule DH for 6/11/2019 dated 4/11/2019 - Exhibit CW101.
  101. Certificate for authentication -Exhibit CW102
  102. Claimant’s Transport fare Mia Safe Movement on 5/11/2019 at N8000 from Lafia to Awka - Exhibit CW103 
  103. Claimants Transport Fare Via Safe movement on 6/11/2019 at N2500 from Awka to Onitsha - Exhibit CW104
  104. ABINBEV Code of Business conduct - December 2016 - Exhibit CW105
  105. Email from Onyeka Nsoedo (claimant) to copied dated Friday November 8, 2019 _ RE: Disciplinary Hearing- Exhibit CW106.
  106. Certificate of Authentication of Email dated 8/11/2019 and its attachments - Exhibit CW107
  107. Claimant’s Accommodation and feeding at New Orleans Royale Awka dated 9/11/2019 at N360000 - Exhibit CW108
  108. Safe Movement Transport Fare from Awka to Lafia for the claimant on 9/11/2019 at N36000- Exhibit CW109
  109. Claimant’s mail to Sylvester Ameka (Copied to others) Re: Disciplinary Hearing dated 13/11/2019 -Exhibit CW110
  110. Certificate of Authentication Exhibit CW111
  111. Email from Edobor Ijeoma to claimant (Copied to others) dated November 13 2019 - Exhibit CW112
  112. Certificate of Authentication- Exhibit CW113
  113. Consort Suites Invoice to the claimant for accommodation on 15/11/2019 at N15,000 - Exhibit CW114
  114. Disney Hotels & resort receipt for claimant’s accommodation & feeding at N15,600 - Exh CW115
  115. Uber Car Ticket for Claimant on Sunday Nov 17, 2019 at N3,800.00- Exh CW116
  116. Claimants Air Peace Flight Ticket (Not Legible/readable). Exhibit CW117
  117. Claimant’s car Hire from Asaba Airport to hotel dated 17/11/2019 at N5000 - Exhibit CW118
  118. Claimant’s Car Hire to and from Onitsha plant from Hotel on 18/11/2019 at N10,000 - Exhibit CW119
  119. Dismissal letter from defendant to claimant based on acts of gross misconduct- Exhibited by the claimant dated 18 November 2019 -Exhibit CW120
  120. Defendants Disciplinary Finding and sanction against claimant dated 18/11/2019 - Exhibit CW121
  121. Claimant’s receipt for car Hire from hotel to Asaba Airport on 19/11/2019 at N5000- Exhibit CW122.
  122. Email from Ijeoma Edobor to Claimant copied to others on return of IBPLC Properties in claimant’s possession dated November 18, 2019- Exhibit CW123
  123. Certificate of Authentication of email received from Mr Ijeoma Edobor dated 18 November 2019 - Exhibit CW124
  124. Claimant’s Air Peace Flight Ticket from Asaba to Abuja 19/11/2019 -Exhibit CW125
  125. Claimant’s Hotel Accommodation at Disney Hotels & resort for 13, 400- Exhibit CW126
  126. Notice of Appeal to the Appeal panel of the defendant company dated November 21, 2019- Exhibit CW127
  127. Certificate of Authentication -Exhibit CW128
  128. Claimant’s letter of appeal of the people Director dated 5 December 2019- Exhibit CW129
  129. Claimant’s mail to the people Director - Mrs Marilyn Maduka Waybill- Exhibit CW130
  130. Claimant’s mail to the defendants Managing Director - waybill -Exhibit CW131
  131. Email from Edobor ijeoma to claimant Re: Notice of Appeal dated December 6, 2019. Exh CW132.
  132. Certificate of Authentication of email received from Mr Ijeoma Edobor dated 6 December 2019 - Exhibit CW133.
  133. Claimant’s payment of N29,600 as Hotel Accommodation at Disney Hotels & Resort on 11/12/2019- Exh CW134.
  134. Claimant’s Air peace Flight Ticket from Abuja to Lagos at N33,000 on 11/12/2019 - Exhibit CW135.
  135. Certificate of Authentication -Exhibit CW136.
  136. Best Western Starfire Hotel Accommodation bill for claimant from 11/12/2019 to 13/12/2019 at N44, 940.00 at Lagos- Exhibit CW137.
  137. Claimant’s Uber ride in the morning - N1600.00 - Exhibit CW138.
  138. Claimant uber ride in the afternoon N2,200.00 -Exh CW139.
  139. Claimant Air Peace flight ticket from Lagos to Port Harcourt on 21 December 2019 at N36,700- Exhibit CW140.
  140. Certificate of Authentication of E- Ticket issued to the claimant by Air Peace dated 21 December 2019 - Exhibit CW141.
  141. Claimant salary slip for the month of September 2109- Exhibit CW142.
  142. Certificate of Authentication of Claimant’s salary slip for September 2019- Exhibit CW143.
  143. Letter from Rotergenuis Solicitors & Advocates of counsel to claimant to the defendant’s Managing Director rejecting claimant dismissal dated 18 December 2019- Exhibit CW144.
  144. Track DHL Express Shipments - details not legible/readable- Exhibit CW145.
  145. Reply by defendant’s legal & compliance Counsel to claimant solicitors letter dated 20 February 2020- Exhibit CW145.

 

  1. The defendant filed their statement of defence, list of documents and copies of documents and witness statement on oath. The defendant called one witness during trial and tendered two exhibits marked thus: International Breweries Plc Employee Handbook- Exhibit DW1; Employee Separation/Exit Checklist- Exhibit DW2

 

BRIEF FACTS OF THE CASE

  1. The Claimant was employed by the Defendant as a Sales Manager and was deployed to oversee sales operations within designated territories. He averred that he diligently discharged his duties and consistently met sales targets until issues arose concerning certain promotional activities carried out in the course of his employment. The Claimant stated that all promotions and business transactions he undertook, including those involving a third-party distributor known as Chivic Hero Worldwide, were done with the knowledge and approval of the Defendant and under the direct instructions of his superior officer, Mr. Gabriel Oniya. The Claimant further alleged that sometime in 2019, he was instructed to execute special promotional sales to deplete products nearing expiry, and funds were released to him for that purpose through Chivic Hero Worldwide upon the authorization of his superiors. He maintained that he did not engage in any unauthorized financial dealings or personal receipt of company proceeds as alleged by the Defendant. He contended that having executed the promotional assignment, he was suddenly issued a query and thereafter placed on an indefinite suspension without pay, contrary to the Defendant’s disciplinary procedures. He was subsequently subjected to a disciplinary process which he described as unfair, biased, and conducted in breach of his right to fair hearing. His employment was eventually summarily terminated. The Defendant, on its part, denied the Claimant’s assertions and contended that the Claimant was dismissed for gross misconduct. The Defendant alleged that the Claimant acted outside the scope of his authority by engaging in unauthorized financial dealings with customers and failed to comply with company procedures, thereby exposing the company to financial and reputational loss. The Defendant maintained that its disciplinary process was properly conducted in line with company policy and that the Claimant was afforded ample opportunity to defend himself but failed to exonerate himself from the allegations. The Defendant further asserted that the Claimant is not entitled to any of the reliefs claimed, having been lawfully dismissed in accordance with the terms of his employment. Dissatisfied with his suspension and subsequent dismissal, the Claimant instituted this action seeking declaratory reliefs, reinstatement or in the alternative, terminal benefits, arrears of salaries, damages, and other ancillary reliefs against the Defendant.

 

THE CASE OF THE CLAIMANT

  1. The Claimant averred that he was employed by the Defendant as a Sales Manager, which is a management staff position, on the 1st of January, 2018 and was issued a letter of employment which he pleaded. He stated that after completing his employment documentation, he was not given any formal induction by the Defendant and upon inquiry, he was informed by the Human Resource Officer known as People’s Business Partner, Mr. Ijeoma Edobor, that there was no induction schedule or employee handbook for him because he was employed as management staff. That his employment was to be initially on probation for six months after which, subject to satisfactory performance, he was to be confirmed. He stated that upon resumption at the Defendant’s Abuja Regional Office in January 2018, his then superior officer, Mr. Gabriel Oniya, reassigned him to cover a sales territory comprising part of Nasarawa State and the whole of Taraba State. The Claimant’s responsibilities included managing four distributors in Lafia, four distributors in Taraba State, six Business Development Representatives and two Team Leaders whose names he listed. That in the course of managing the Lafia and Taraba territories between January and December 2018, he drove expansion and sales growth that led to increased distributorship, appointment of new wholesalers and bulk breakers, operationalization of Wukari and Jalingo as separate sales locations for Taraba, and Lafia and Akwanga as two distinct sales locations in Nasarawa State. He stated that these efforts resulted in a 59% growth in sales volume in hectoliters compared to 2017. He pleaded a sales performance report sent by one Onyekachukwu Nsoedo to the Head of Sales, Mr. Gabriel Oniya, which confirmed this achievement. That based on his outstanding performance, the Defendant confirmed his appointment as Sales Manager with effect from 1st July, 2018, and increased his salary accordingly. That during his employment, he discovered that the alter ego of one of the Defendant’s distributors, Chivic Hero Worldwide Nigeria Ltd, operated under multiple identities contrary to corporate practice. He pleaded that while the Defendant’s statement of account for Chivic Hero Worldwide bore the name Mr. Chukwudi Anulika Chinazor as account holder, the Know Your Customer (KYC) form for the same company bore the name Mr. Chidiebere Okugo as account holder.

 

  1. The Claimant stated that on 4th April, 2018, he received an email from his superior, Mr. Gabriel Oniya, instructing him to prepare a proposal for an ad-hoc sales promotion, with costs to be converted to products taken from a named distributor. He complied with this directive and sent the proposal by email on 5th April, 2018. He also pleaded that on 16th September, 2018, he sent another proposal relating to Bulk Breakers Promo to Mr. Oniya who reviewed it, made a downward adjustment and instructed the Claimant to source funds to execute the attached “Cow Combo Promo” pending when a credit note would be issued by the Defendant. He averred that on 17th September, 2018, Mr. Oniya approved the Bulk Breakers Promo by email, and that the promotion was executed between 24th September and 30th October, 2018, yielding increased sales. He stated that it was a known practice in the Defendant’s establishment that senior sales employees sourced funds to execute approved company promos and would thereafter be reimbursed through distributors once credit notes were issued. The Claimant pleaded that after executing the Bulk Breakers Promo, he followed up through SMS messages with the then new District Manager, Mr. Ademola Akande, for reimbursement. He further averred that he executed the Cow Combo Promo on 6th December 2018 at a cost of ?1,601,000 out of which ?1,598,110 was sourced from Chivic Hero Worldwide and ?2,890 from his personal funds. The Claimant stated that on 8th December, 2018, Mr. Oniya informed him that the Defendant had credited Chivic Hero Worldwide with ?5,736,023 via credit note and directed the Claimant to collect ?3,933,360 therefrom to settle outstanding promo expenses. In compliance, the Claimant received transfers totaling ?3,933,360 in tranches from Mr. Chidiebere Okugo, alter ego of Chivic Hero Worldwide, into his Zenith and UBA bank accounts. He pleaded that he disbursed part of the funds to members of his team including Mr. Sunday Achukwu and Mr. Innocent Akunne to settle promotional obligations. He averred that in February 2019 a new District Manager, Mr. Innocent Eze, was appointed and he was instructed to report to him for the Taraba business while continuing to report to Mr. Oniya for Lafia business. The Claimant pleaded further that after several reminders, including by email, he eventually received a soft copy of the company’s Employee Handbook on 12th March, 2019, and later received the hard copy on 15th June, 2019. That in May 2019, he discovered that some Budweiser beer products in the warehouses of Chivic Hero Worldwide (Lafia) and Uchswag (Taraba) were near expiry. Upon reporting same, he was authorized to execute depletion promos for which he sourced ?480,000 personally and executed the promos. He stated that despite notifying the Defendant via email on 24th June 2019, he was never reimbursed the ?480,000. The Claimant further averred that he also executed Budweiser Parties Promo as directed by the Defendant and in partnership with Chivic Hero Worldwide, using products obtained on credit. That on 1st July 2019, his territory was realigned and he was now to focus on part of Nasarawa, reporting directly to Mr. Oniya. He went on to state that following restructuring of the Defendant’s sales operations, he was asked to relieve Mr. Oniya as Head of Sales/District Manager from 22nd July to 1st October 2019. That throughout the period he relieved the Head of Sales from 22nd July 2019 to 1st October 2019, the sales territory continued to grow without any depreciation. He asserted that despite performing these additional responsibilities, he was not paid any relief allowance by the Defendant and is entitled to be paid relief allowance for that period. 
  2. The Claimant further stated that on 7th October 2019, he sent an email to Mr. Ijeoma Edobor reminding him of the need to pay his relief allowance for the period he acted for Mr. Gabriel Oniya, but despite this reminder, he was still not paid. The Claimant further averred that he was entitled to six (6) cases of drinks every month as stipulated in his employment letter and employee handbook, and that the last time he received the said six cases was in October 2019. He claimed entitlement to the six cases of drinks for November and December 2019 which were not given to him. He also stated that in addition to the monthly six cases, he was entitled to an extra six cases of drinks at the end of every year, but the Defendant failed to give him the six cases due to him for the year ending December 2019.The Claimant stated that on July 12, 2019, he received an email from the Defendant, to which was attached a copy of the International Breweries Disciplinary Policy.  He stated further that on 7th August 2019, he received another email from the Defendant attaching an updated version of the Disciplinary Policy. The Claimant averred that while acting as Head of Sales/District Manager, he discovered irregularities in the business transactions of Chivic Hero Worldwide and consequently conducted a Business Health Check on two distributors – Chivic Hero Worldwide (Lafia) and May Joe (Abuja).  Following this exercise, he stated that he discovered that Chivic Hero Worldwide was not fit to continue as a distributor with the Defendant. Consequently, on 6th September 2019, he sent his recommendations and minutes of a meeting held with Chivic Hero Worldwide to Mr. Abimbola Olaleye and Mr. Gabriel Oniya via email. He averred that as a result of his recommendations, the Defendant blocked the business account of Chivic Hero Worldwide. The Claimant further stated that on 9th October 2019, during a sales meeting in Abuja, he was called into a private meeting with Mr. Abimbola Olaleye, Mr. Samuel Nwene, and Mr. Ijeoma Edobor where he was informed of allegations of cash collection from a distributor and dereliction of duty made against him. He claimed that he was presented with an indefinite suspension letter and was pressured to sign it, which he refused on the grounds that he was never issued any query and his line manager was not present as required by company disciplinary procedure. He stated that on 14th October 2019, he wrote to the Management of the Defendant complaining about the intimidation and bullying he suffered at the meeting of 9th October 2019. Later on the same day, he received a mail from Mr. Ijeoma Edobor stating that to the best knowledge of Management, he had already been placed on suspension since 9th October 2019. On 16th October 2019, he received a query via email from Mr. Edobor, to which he responded on 17th October 2019 and attached several documents in his defence.  The Claimant stated that on discovering his official email account had been blocked on 17th October 2019, he wrote to the Management and requested permission to make further communications through his personal Yahoo email account. On 28th October 2019, he received an email from Mr. Edobor inviting him to a disciplinary hearing scheduled to hold at the Defendant’s Onitsha Plant. He narrated in detail the cost of transportation, fuel purchases, hotel accommodation and incidental expenses incurred while travelling from Lafia to attend the disciplinary hearing, only for the panel sitting to be postponed upon his arrival in Onitsha on 31st October 2019.  He stated that he was re-invited for a rescheduled disciplinary hearing on 6th November 2019. He again travelled at his own expense to attend the panel sitting. He narrated the composition of the panel consisting of Mr. Sylvester Ameke (Chairman), Mr. Abimbola Olaleye, Mrs. Teresa Umeakunne, Mr. Ijeoma Edobor and Mr. Chuma Umuma, noting that two of them participated by teleconference. He complained that the allegations against him were vague and unspecified, and that he was denied fair hearing as he was not informed of the evidence or witnesses against him beforehand. He stated that one Mr. Chidiebere Okugo, alter ego of Chivic Hero Worldwide, testified against him by phone but was hostile during cross-examination, which was abruptly stopped by the panel. 

 

  1. The Claimant went on that no minutes of the disciplinary hearing were recorded by the panel and that he was only seeing the Defendant’s Code of Business Conduct for the first time during the disciplinary process. He accused Mr. Abimbola Olaleye of playing the role of accuser, prosecutor and judge at the panel, and of openly urging that he be dismissed. He continued that after the panel sitting, he spent two more days compiling documents to support his defence and sent them to the panel members via email on 8th November 2019, including his bank statements and promo fund summaries. He travelled back to Lafia and kept communicating with Management while awaiting the panel’s decision. On 13th November 2019, he was again invited to conclude the disciplinary hearing. He travelled by flight from Abuja to Asaba to avoid the dangers of road travel. He also stated that while his colleagues were paid their 13th month allowance on 15th November 2019, he was excluded from the payment on the excuse that his disciplinary process had not been concluded.  The Claimant further averred that upon arrival at the Abuja Airport on 17th November 2019, he purchased a flight ticket from Air Peace to Asaba at the cost of ?48,700, and an electronic receipt was issued to his email.  He stated that upon his arrival at Asaba Airport on the same 17th November 2019, he put a call across to Mr. Ijeoma Edobor informing him that he was short of cash and could not afford hotel accommodation. He was directed to Cyson Hotel, Asaba where he proceeded by chartering a taxi belonging to King of Kings Car Hire and Logistics Company. The fare from Asaba Airport to Cyson Hotel cost ?5,000 which he paid, and a receipt was issued to him.  The Claimant averred that on 18th November 2019, he chartered the services of the same transport company from Cyson Hotel, Asaba to the International Breweries Plc Plant at Onitsha for a return journey. He negotiated the sum of ?10,000 for the trip, which he paid, and a receipt was issued to him. He pleaded this receipt as well. He stated that upon his arrival at the Defendant’s Onitsha Plant, he was ushered into a Boardroom where he met only Mr. Sylvester Ameke and Mr. Ijeoma Edobor. He was informed that the disciplinary committee had reached a decision regarding his matter and was asked to acknowledge the disciplinary panel’s findings and to sign a copy of his dismissal letter. The Claimant protested the procedure and insisted that the email invitation sent to him indicated a continuation of disciplinary hearing, not the communication of a decision. However, Mr. Edobor insisted that he must sign both documents, which he did before leaving.  He further averred that after signing the documents, he returned to Cyson Hotel, Asaba and on 19th November 2019, he took another chartered taxi from King of Kings Car Hire back to Asaba Airport for ?5,000. The Claimant also stated that on 19th November 2019, he purchased another Air Peace ticket en route Abuja for ?51,500. On 20th November 2019, in compliance with the directive of Mr. Ijeoma Edobor’s email dated 18th November 2019 instructing him to return all the Defendant’s property in his custody, he drove the company’s vehicle from Lafia to Abuja and handed it over to Mr. Samuel Ngene, who had replaced him as District Manager. He lodged at Disney Hotel, Abuja for the night and paid ?13,400 for feeding and accommodation.  

 

  1. The Claimant averred that on 21st November 2019, he sent a Notice of Appeal via email to the Defendant’s Management and members of the disciplinary panel challenging his dismissal. He attached several documents to the appeal including exchange of emails, promo receipts and invoices, his personal bank statements, promo summaries, pictorial evidence of promotions, and performance records. He stated that he received no communication from the Defendant after submitting his appeal until he wrote a follow-up letter dated 5th December 2019, which he sent through DHL to the People’s Director and the Managing Director of the Defendant on 6th December 2019. DHL charged ?5,500 per letter totaling ?11,000 for both letters.On the same 6th December 2019, he received an email from Mr. Ijeoma Edobor informing him that an Appeal Panel sitting had been scheduled for 12th December 2019 at the Defendant’s Head Office in Ikoyi, Lagos. To attend the panel, the Claimant travelled from Lafia to Abuja where he lodged at Disney Hotel from 10th–14th December 2019 and paid ?29,600 for accommodation and feeding. He further stated that he purchased an Air Peace e-ticket from Abuja to Lagos on 11th December 2019 for ?33,000, and upon arrival in Lagos, he lodged at Best Western Star Fire Hotel, Ikeja where he paid ?64,940 for accommodation and feeding for three nights. The Claimant also testified that he chartered an Uber from his hotel to the Appeal Panel venue in Ikoyi on 12th December 2019 for ?1,600 and tendered the receipt. He narrated that the Appeal Panel comprised Mr. Tokunbo Talabi (Head of Legal), Mrs. Titi Oshin (Head of Corporate Affairs), and Mr. Patrick Olowokere (Head of People). He stated that he challenged the procedure of the earlier disciplinary hearing as a breach of his right to fair hearing and a violation of the Defendant’s disciplinary policy. He alleged that the Appeal Panel lasted less than ten minutes, after which he was asked to step outside. Upon being recalled, he was informed that the panel had upheld his dismissal but converted it to termination. Two documents—the Appeal Panel Findings and a termination of appointment letter—were presented for his signature but he refused to sign them and left the premises. He proceeded back to his hotel by Uber, paying ?2,200 for the fare. He stated that on 21st December 2019, he boarded an Air Peace flight from Lagos to Port Harcourt and paid ?35,700 for the ticket. The Claimant averred that his monthly gross salary before termination was ?603,398.29 as shown in his September 2019 pay slip which he pleaded. He further averred that through his solicitor, Mr. Joseph C. O. Okafor, he wrote a protest letter rejecting the Appeal Panel decision and sent same to the Defendant on 23rd December 2019 via DHL. The Defendant responded by a letter dated 20th February 2020 attaching the termination letter, exit clearance form and the Appeal Panel findings. The Claimant concluded by stating that the Defendant has refused to reinstate him or pay his entitlements and has continued to hold on to what he described as the wrongful termination of his employment.

 

THE CASE OF THE DEFENDANT

  1. In response, the Defendant filed its Statement of Defence wherein it joined issues with the Claimant. The Defendant admitted that the Claimant’s employment was governed by a Contract of Employment, an Employee Handbook and a Code of Business Conduct, but contended that the copy of the Employee Handbook frontloaded and relied on by the Claimant was mutilated and incomplete. The Defendant averred that the said Handbook was deliberately altered to mislead the Court and that it shall rely on the complete and authentic 2019 Employee Handbook which contains, amongst other provisions, the exit mode and its requirements for staff. The Defendant stated that even after confirmation of the Claimant’s employment, his duties were limited strictly to the supervision of sales within his assigned territory and such duties were to be carried out in accordance with the Company’s Handbook and Code of Business Conduct. The Defendant asserted that proceeds of sales of its products were required as a matter of policy to be paid directly into its designated accounts and that staff, including the Claimant, were expressly prohibited from engaging in any private financial dealings with the Defendant’s distributors or contractors for personal gains without prior approval. It maintained that such acts constitute gross misconduct and conflict of interest under the Code of Business Conduct. The Defendant denied ever notifying the Claimant of any N500,000 allegedly paid to Chivic Hero Worldwide for the purpose of any promotion and denied authorizing the Claimant to receive such funds either personally or through any representative. 

 

  1. The Defendant averred that any receipt of funds by the Claimant from Chivic Hero Worldwide was done without its knowledge, consent or approval and was for the Claimant’s personal benefit. It further denied authorizing the Claimant to take stock or organize promotions allegedly funded by Chivic Hero Worldwide and insisted that all ad hoc promotions must emanate only from the Defendant’s management and be duly approved in writing by the Corporate Head of the Defendant. The Defendant further averred that there was no agreement authorizing distributors to finance promotional activities on behalf of the Defendant or to transfer monies for such purposes to any staff. It put the Claimant to strict proof of all allegations of informal funding of promotions by Chivic Hero Worldwide. The Defendant maintained that the Claimant acted outside the scope of his authority by collecting various sums of money totaling ?500,000.00, ?3,933,360.00, ?180,000.00 and ?1,598,110.00 from Chivic Hero Worldwide without approval, contrary to the Code of Business Conduct. The Defendant averred that any transaction between the Claimant and Mr. Chidiebere Okugo was purely for the Claimant’s private benefit. The Defendant also denied authorizing any promotional activity for the disposal of alleged expired goods belonging to Chivic Hero Worldwide. The Defendant stated that upon discovering irregular monetary transfers from Chivic Hero Worldwide to the Claimant’s personal bank account, a query was issued to him to explain the unauthorized inflow of funds. The Defendant posited that in response, the Claimant initially denied receiving any funds from Chivic Hero Worldwide until confronted with evidence, at which point he admitted receiving the said sums but made what the Defendant described as a false claim that the money was used to fund promotions. The Defendant emphasized that the Claimant was accorded fair hearing during the disciplinary process and that he was given opportunity to cross-examine Mr. Chidiebere Okugo who was invited as a witness during the disciplinary panel sitting. The Defendant alleged that rather than utilize the opportunity, the Claimant became hostile, arrogant and unruly during the proceedings. It stated that the disciplinary hearing followed due process and that the Claimant was suspended during the investigation in line with policy. The Defendant denied liability for the Claimant’s claims for refund of transport and hotel expenses allegedly incurred while attending the disciplinary and appeal hearings, contending that attendance at such hearings is a condition of employment and does not entitle any employee to financial reimbursement. The Defendant denied breaching any disciplinary procedure and maintained that the panel was properly constituted and moderated by Mr. Ijeoma Edobor, Head of People, and not by Mr. Abimbola as alleged by the Claimant. The Defendant further averred that the Claimant was aware of and provided with a copy of the Code of Business Conduct at the commencement of his employment. The Defendant admitted receipt of the Claimant’s Notice of Appeal against his dismissal and stated that an Appeal Panel, properly constituted, reviewed the disciplinary decision and affirmed the dismissal. 

 

  1. The Defendant maintained that records of the disciplinary proceedings, including the minutes, exist and were duly signed. The Defendant contended that the Claimant was validly dismissed on 18th November 2019 for gross misconduct and as such he is not entitled to claims for 13th month salary, December 2019 salary, housing allowance or cases of drinks as claimed. The Defendant averred that upon dismissal, the Claimant was only entitled to his unearned leave allowance of ?419,605.92 and prorated salary for November 2019 amounting to ?329,126.34, subject to compliance with exit procedures. It maintained that by Article 7.2 of the Employee Handbook, entitlement is payable only after completion of the exit clearance process which the Claimant failed to undertake. The Defendant averred further that it reserves the right to summarily dismiss the Claimant under Article 7.1.6 of the Handbook for dereliction of duty and conflict of interest, which constitute gross misconduct. It therefore urged the Court to dismiss the Claimant’s suit as frivolous, vexatious and lacking in merit except as admitted.

 

WRITTEN SUBMISSION OF THE CLAIMANT

  1. The Claimant submitted two issues for determination to wit: 
    1. Whether the Claimant has made out a case to be entitled to the reliefs sought
    2. Whether the Defendant sufficiently traversed the allegations of the Claimant. 
  2. On the first issue, learned counsel for the claimant argued that the Claimant’s employment was wrongfully terminated and that the termination was not in accordance with the terms of service issued to him. Counsel referred the Court to Exhibit CW14, the offer of employment, and Exhibit CW15, the Employee Handbook, which collectively set out the disciplinary procedure and conditions under which an employee’s appointment may be terminated.

 

  1. Counsel for the claimant submitted that the Claimant was first placed on indefinite suspension and subsequently dismissed without compliance with the conditions stipulated in his contract of service. It was argued that Exhibit CW14 in paragraph 13 expressly provides the procedure for termination of employment, while Article 6 of Exhibit CW15 outlines a step-by-step disciplinary procedure which commences with investigation and issuance of a query before any sanction is imposed. Learned counsel contended that in the present case, the Claimant was suspended before any allegations were put to him and before he was given an opportunity to respond, which he argued renders the suspension and subsequent dismissal procedurally improper. Reliance was placed on the decision in Angel Spinning & Dyeing Ltd v. Ajah (2000) 13 NWLR (Pt. 685) 532 and NITEL Plc v. Akwa (2005) LPELR-5971 (CA), to the effect that where an employee alleges wrongful termination, he must place before the Court his contract of employment and show in what way it was breached, which counsel argued the Claimant has satisfactorily done.

 

  1. It was further submitted that the disciplinary proceedings leading to the Claimant’s dismissal were fundamentally flawed. Counsel pointed to Exhibit CW72, the Defendant’s New Disciplinary Policy, and maintained that the hearing conducted by the Defendant did not comply with the requirement that the Claimant’s Supervisor or Line Manager and People Manager be present. He argued that the Claimant was not given reasonable opportunity to defend himself, nor was he afforded fair hearing, as he was prevented from cross-examining a material witness who became unruly during the proceedings. Learned counsel submitted that this was contrary to the rules of natural justice and amounted to bias against the Claimant.

 

  1. Counsel further contended that throughout his employment, the Claimant acted on the instructions of his superiors and never engaged in any unauthorized financial dealings as alleged by the Defendant. Reference was made to the testimony of the Claimant under cross-examination, where he maintained that the promotional activities he carried out, including those involving Chivic Hero Worldwide, were approved by the Defendant through its Regional Sales Manager, one Mr. Gabriel Oniya. Counsel referred to Exhibit CW6 and submitted that the Defendant indeed authorized and funded the promotions under question. It was his position that the allegations of misconduct against the Claimant were afterthoughts fabricated to justify an unlawful termination.

 

  1. Learned counsel submitted that the Claimant had demonstrated through credible evidence that he is entitled to the reliefs sought, having proved that his dismissal was not only wrongful but also unlawful, oppressive, and carried out in breach of due process. Counsel listed several procedural infractions which he submitted were unchallenged by the Defendant, including:

That no query was issued to the Claimant before his suspension;
 That the disciplinary panel was improperly constituted;
 That the Claimant was denied fair hearing;
 That the Defendant failed to observe its own disciplinary procedures as stipulated in Exhibits CW15 and CW72; and
 That the dismissal was done without any substantiated allegation of misconduct.

 

  1. Counsel urged the Court to hold that the Claimant's employment was wrongfully terminated and that he is entitled to his salaries, allowances, terminal benefits, and general damages as claimed.

 

SUBMISSIONS OF   DEFENCE COUNSEL

  1. Learned counsel for the Defendant, in the final written address, formulated a sole issue for determination, to wit:

“Whether the Claimant has proved his case on the balance of probability so as to be entitled to the reliefs claimed in this suit.”

 

  1. Counsel submitted that the burden of proof lies on the Claimant, who is seeking declaratory and monetary reliefs. He argued that by the provisions of Sections 131–133 of the Evidence Act, 2011, a party who desires judgment in his favour must prove the facts on which his claim rests, and failure to do so is fatal to his case.

 

  1. It was the contention of learned counsel that the evidence before the Court reveals that the Claimant, while still in the employment of the Defendant, engaged in gross misconduct contrary to the Defendant’s Code of Business Conduct, when he entered into unauthorized financial dealings with one Childiebere Okugo (doing business as Chivic Hero Worldwide). Counsel submitted that the Claimant, under cross-examination, admitted receiving money from the said distributor without approval from the Defendant, and such an admission requires no further proof, citing Bunge v. Gov. Rivers State (2006) SC LLJR.

 

  1. Learned counsel further submitted that the Claimant was subjected to a disciplinary process wherein he was afforded fair hearing and given the opportunity to defend himself. He relied on paragraphs 22–25 of the witness deposition of DW1 (David Popoola), asserting that the Claimant failed to contradict the said evidence or tender the proceedings of the disciplinary hearing, which he seeks to impugn. Counsel contended that the Claimant failed to discharge the burden of proving that the disciplinary procedure was unfair, relying on Akande v. Alaga (1988) 4 NWLR (Pt. 86) 1 and Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745.

 

  1. On the nature of the Claimant’s employment, learned counsel submitted that it is a simple master-servant relationship and not one with statutory flavour. Counsel referred the Court to New Nigeria Newspaper Ltd v. Atoyebi (2013) AELR (CA) and submitted that an employer is entitled to terminate the employment of an employee for good reason, bad reason, or no reason at all, provided the appropriate terminal benefits are paid, citing Olarewaju v. Afribank (2001) 6 MJSC 68 at 77.

 

  1. On the monetary reliefs claimed by the Claimant, counsel submitted that the Claimant failed to specifically plead and strictly prove the alleged entitlements claimed. Counsel referred to paragraph 31 of DW1’s statement on oath, wherein the Defendant admitted liability only to the sums of ?419,605.92 (leave allowance) and ?329,126.34 (prorated salary for November 2019). He argued that the Claimant failed to rebut this evidence and same is deemed admitted, citing Obi v. Agbor (2018) 8 NWLR (Pt. 1622) 338. He urged the Court to hold that the other monetary claims were not proved, as no documentary evidence was produced to support them, relying on Adesida v. Abegunde (2009) LPELR-3613 (CA).

 

  1. Counsel further argued that by Article 7.1.6 of the Defendant’s Employee Handbook, an employee dismissed for misconduct forfeits all benefits except salary up to date and unearned leave. He submitted that the Claimant cannot benefit from his wrongdoing. He also argued that the Claimant failed to complete the mandatory Exit Clearance Form as required under Article 7.2 of the Handbook, which is a condition precedent to payment of any entitlements.

 

  1. On the challenge to the competence of DW’s evidence during cross-examination, counsel argued that DW’s testimony is competent and valid, as a corporate body can only act through human agents. Counsel relied on Ayodeji v. FRN (2018) LPELR-45839 and Interdrill (Nig.) Ltd v. UBA Plc (2017) 13 NWLR (Pt. 1581) 52 at 69, to submit that DW1, being an officer of the Defendant, could validly testify on its behalf.

 

  1. Finally, learned counsel argued that the Claimant failed to establish any nexus between the Defendant and any actionable wrong, citing Rinco Construction Co. Ltd v. Veepee Ind. Ltd (2005) All FWLR (Pt. 264) 825. He urged the Court to dismiss the suit for lacking in merit and award cost of ?5,000,000.00 in favour of the Defendant as compensation for being dragged to court without just cause, relying on Akindele v. Abiodun.

 

COURT’S DECISION

  1. Having reviewed the pleadings, the oral and documentary evidence adduced, and the final submissions of learned counsel for both parties, I am of the considered view that the issues calling for determination in this suit may be appropriately distilled as follows:
    1. Whether the Defendant, in terminating the Claimant’s employment, complied with the contractual terms and the procedures laid down in the Defendant’s Employee Handbook;
    2. Whether the claimant is entitled to the reliefs claimed.

 

  1. ISSUE ONE: WHETHER THE DEFENDANT, IN TERMINATING THE CLAIMANT’S EMPLOYMENT, COMPLIED WITH THE CONTRACTUAL TERMS AND THE PROCEDURES LAID DOWN IN THE DEFENDANT’S EMPLOYEE HANDBOOK.

Having carefully considered the pleadings, the oral testimonies, and the documentary evidence tendered by both parties, the gravamen of the claimant’s complaint is that his employment was wrongfully terminated by the defendant through dismissal, without adherence to the defendant’s own disciplinary procedure and without affording him fair hearing. The defendant on its part contends that the dismissal was in accordance with the terms of employment as contained in the Employee Handbook (Exhibit DW1), and that the claimant was duly subjected to the company’s disciplinary process before his dismissal.

 

  1. Now, it is settled beyond argument that the relationship between the parties in this case is one of ordinary master and servant, not one with statutory flavour. The terms and conditions regulating such employment are to be found in the letter of appointment, the employee handbook, and other contractual documents mutually binding on the parties. The law is trite that where the contract of employment is not governed by statute, the employer has the unfettered right to hire and fire for good or bad reason, or for no reason at all, provided the termination is carried out in accordance with the terms of the contract. See Chukwumah v. Shell Petroleum Development Co. (1993) 4 NWLR (Pt. 289) 512; Olarewaju v. Afribank (Nig.) Plc (2001) 13 NWLR (Pt. 731) 691; and Obanye v. Union Bank of Nigeria Plc (2018) 17 NWLR (Pt. 1648) 375 (SC).

 

  1. The Court is therefore not called upon to determine whether the dismissal was justified or fair in the moral sense, but rather whether it was done in accordance with the contractual procedure. In SPDC (Nig.) Ltd v. Olarewaju (2008) 18 NWLR (Pt. 1118) 1, the Supreme Court held that where the terms of employment provide for the procedure for termination or dismissal, any departure from those terms renders the termination wrongful, albeit not void.

 

  1. In the present case, the claimant testified that upon his employment in January 2018, he was only given a letter of employment and that it was not until July 2019—after repeated requests—that he received a copy of the Employee Handbook (Exhibit DW1), which contained the company’s disciplinary procedure and terms of exit. He admitted signing for receipt of the handbook at that time. The defendant’s witness (DW1), on the other hand, testified that the handbook and the Code of Business Conduct were issued to all employees upon engagement, and that the claimant was fully aware of the disciplinary provisions, having participated in prior staff trainings.

 

  1. From the evidence before the Court, it is not in dispute that the claimant was dismissed on 18 November 2019 following disciplinary proceedings instituted against him for alleged financial impropriety involving distributors’ funds. Exhibit CW123 (Email from Ijeoma Edobor) and Exhibit CW127 (Claimant’s Notice of Appeal) confirm that the disciplinary panel sat and reached a decision which was subsequently communicated to the claimant. The claimant however maintains that the disciplinary panel was not concluded when he was issued his dismissal letter, and that he was thus denied fair hearing.

 

  1. To determine compliance with the contractual procedure, the court must refer to the relevant provisions of the Employee Handbook (Exhibit DW1). The Defendant’s Handbook provides under Article 6.1 that where a staff is alleged to have committed misconduct, a disciplinary panel shall be constituted to investigate the matter; Query is issued; the employee shall be informed of the allegations and given the opportunity to defend himself; a hearing  consisting of the employee and his/her representative, the supervisor/manager/management representative, a people representative, and a chairperson, is held and upon conclusion, the panel’s decision is given and if found guilty the Chairperson awards sanction. It also provided that all cases of termination must be ratified by the Plant manager and/or functional Director, with due consideration for the decision of the Chairperson. 

 

  1. The principles of natural justice require that employees be given a fair hearing, including proper notice, the opportunity to present a defense, and the ability to cross-examine witnesses (See Okeke v. FGN (2009) 3 NWLR (Pt. 1123) 456; see also Section 36(1) Constitution of the Federal Republic of Nigeria 1999. The Employee Handbook and the Disciplinary Policy (Exhibits CW57, CW72, CW74 and DW1) set out the procedures for suspension, invitation to disciplinary hearing, the presence of the line manager/people manager/ chairperson and the right to cross-examine witnesses at the disciplinary hearing and to appeal. Thus, the documentary evidence before the Court shows the following sequence:

 

  1. (a) The claimant was suspended (email/notice; Exhibit CW80 etc.); (b) A query was issued and answered by the claimant (Exhibits CW82–CW85). (c) The claimant was invited to disciplinary hearings on different dates (Exhibits CW88, CW96, CW101) and he attended physical sessions in Onitsha, Awka and thereafter travelled for appeal sittings in Lagos and Abuja (travel receipts and tickets in Exhibits CW90–CW141). (d) At the disciplinary hearing, Mr. Chidiebere Okugo (the distributor) gave testimony implicating the claimant. The claimant says he was not permitted to properly cross-examine the witness because he became hostile and the panel failed to control the environment, causing the cross-examination to be cut short. The claimant also complains that the line manager and People Manager were not present during some sessions and that minutes of proceedings were not taken by the panel for the initial disciplinary hearing (CW106, CW110 and related exhibits). (e) The disciplinary panel produced findings and a dismissal letter dated 18th November 2019 (Exhibits CW120, CW121).

 

  1. The defendant contends that the claimant was given opportunities to defend himself and that the disciplinary and appeal panels were conducted fairly; DW1 denied bullying or coercion.

 

  1. It is quite clear that from the evidence before this Court the defendant’s internal records show invitations, suspensions and panel findings. Those documents are admissible and have high probative value. (ii) However, the claimant’s evidence that key people (notably his immediate line manager Mr. Gabriel Oniya) were not present at some hearings and that the People Manager or People representative did not always sit is corroborated by internal emails and by the fact that the defendant’s own witness DW1 did not attend the disciplinary hearings and could not give a first-hand account of all panels. 

 

  1. The claimant’s contemporaneous emails (Exhibits CW94, CW96, CW110 and CW112) show repeated complaints about the conduct and scheduling of hearings and requests for postponement and for appropriate participation by his line manager and People Manager. (iii) The claimant’s credible evidence (supported by documentary records) establishes that on at least one material occasion the panel proceeded or purported to conclude without proper presence of the claimant’s line manager and without the orderly conduct required by the defendant’s own Disciplinary Policy (for example the panel’s failure to ensure fair cross-examination and lack of proper recording of minutes). (iv)The claimant was asked to sign an “acknowledgement” of the panel’s findings and a dismissal letter at the Onitsha Plant on 18th November 2019 when he believed the proceeding that day was a continuation and not a conclusive hearing. The fact that he was asked to sign and that he complains of intimidation is borne out by contemporaneous emails which show the claimant complaining of bullying and intimidation (Exhibit CW63/CW78 etc.) and a follow-up email by HR saying the claimant had been placed on suspension. There is insufficient evidence that the claimant acted in bad faith or for personal enrichment, and accordingly the dismissal was substantively unjustified (See Nwokoro v. Chevron Nigeria Ltd (2014) 7 NWLR (Pt. 1400) 378).

 

  1. In the result, although the defendant did hold disciplinary and appeal panels and produced documentary findings, on the crucial question of procedural compliance the defendant failed to establish that it complied fully with its own disciplinary policy and with the demands of a fair hearing. Important safeguards — presence of the line manager/people manager at key stages, proper opportunity to cross-examine or to have testimony moderated, proper contemporaneous record/minutes of initial disciplinary proceedings — were not satisfied in a manner that removes the taint of unfairness from the process which led to dismissal.

 

  1. The Court notes that in a master–servant employment relationship, the employer is not bound to comply with the rigid procedures applicable to employments with statutory flavour. What is required is that where the employer accuses the employee of misconduct, the employee should be informed of the allegations and given an opportunity to respond before any disciplinary action is taken. See the decisions in Bamgboye v. University of Ilorin (1999) 10 NWLR (Pt. 622) 290, and Olatunbosun v. NISER Council (1988) 3 NWLR (Pt. 80) 25, where the Supreme Court held that even in cases of master–servant relationships, observance of fair hearing is a requirement of fairness and good faith.

 

  1. It is trite that fair hearing does not only require that a person be given an opportunity to respond, but that such response must be conscientiously considered before a decision affecting his rights or interest is reached. See Federal Civil Service Commission v. Laoye (1989) 2 NWLR (Pt. 106) 652. 

 

  1. It is therefore the finding of this Court that although the defendant had the right to terminate the claimant’s employment, it failed to comply strictly with its own disciplinary procedure as contained in Exhibit DW1 before dismissing him. The effect of such non-compliance, by settled law, is that the dismissal is wrongful, though not null and void. See Nigerian Gas Co. Ltd v. Dudusola (2005) 18 NWLR (Pt. 957) 292, and U.B.N. Ltd v. Ogboh (1995) 2 NWLR (Pt. 380) 647, where the Supreme Court held that a breach of contractual procedure renders the dismissal wrongful, entitling the employee to damages equivalent to the period of notice or other benefits due under the contract.

 

  1. Accordingly, the claimant has proved on a balance of probability that his disciplinary and dismissal process was procedurally unfair and that the defendant breached its own disciplinary procedures and the claimant’s right to fair hearing and I so hold.

 

  1. On substantive misconduct, the defendant contends the claimant received sums from Chivic Hero Worldwide and that the payments were unauthorized and amounted to conflict of interest and dereliction of duty. The claimant admits receiving monies into his accounts but insists the monies were for the express purpose of running approved company promos and that he accounted for them and transferred funds to his team members for promotion execution. The documentary record supporting the claimant’s account includes: email approvals for promos, distributor account credit notes, promo invoices and stock movement records, bank statements showing transfers outwards to team members and receipts for promo execution. Those documents contemporaneous, business-like and authenticated carry strong evidential weight.

 

  1. The defendant’s case that all such payments were unauthorized is not without some force given the Code of Business Conduct which restricts personal financial dealings with distributors. However, in this Court’s view the defendant has not proven on a balance of probabilities that the Claimant took monies for personal gain or that the claimant materially misappropriated company funds. The documentary evidence shows a pattern of approvals, credit notes to distributors and account reconciliations that support the claimant’s explanation that the monies were used for company promotions and that the claimant did account for the funds.   There is insufficient evidence that the claimant acted in bad faith or for personal enrichment such as would justify summary dismissal for gross misconduct. Seen together with my earlier finding on procedural unfairness, the claimant’s dismissal on 18th November 2019 was wrongful and I so hold.

 

  1. Consequently, the first issue is resolved partly in favour of the claimant to the extent that the defendant did not observe the disciplinary procedure in full compliance with its handbook, thereby rendering the dismissal procedurally wrongful. However, since the employment is not one with statutory flavour, the claimant cannot be reinstated; his remedy lies only in damages representing what he would have earned if proper notice or process had been observed. See Katto v. CBN (1999) 6 NWLR (Pt. 607) 390 (SC).

 

  1. ON ISSUE 2: WHETHER THE CLAIMANT IS ENTITLED TO THE RELIEFS CLAIMED.

The claimant’s monetary claims arise from the alleged wrongful termination of his employment. Having held under Issue One that the claimant’s employment was not terminated in accordance with the terms of his contract, and under Issue Two that he was not given a fair hearing before his disengagement, the Court must now determine what monetary remedies, if any, he is entitled to.

 

  1. The defendant contended that the claimant was dismissed for acts of gross misconduct and, by virtue of the company’s policy, forfeited all benefits except pay up to the last day worked and any earned leave. To establish this, the defendant relied on the dismissal letter tendered as Exhibit CW120, which reads in part:

“This is to inform you that you are hereby dismissed from the role of Sales Manager with International Breweries PLC effective 18 November 2019. This decision was reached based on the acts of gross misconduct exhibited by you. These actions are in violation of our Code of Business Conduct. You are to surrender all company property in your possession including your identity card to your supervising manager/people department. All benefits and allowances due to you are hereby forfeited.”

  1. I have carefully examined this letter. While the letter uses the term “dismissed,” the defendant offered no credible evidence establishing the acts of gross misconduct alleged therein. No disciplinary report, investigative record, or minutes of any panel were tendered. The Court has already found under Issue 2 that the claimant was denied fair hearing before this decision was reached.

 

  1. The law is settled that where an employer alleges misconduct as the reason for dismissal, the burden lies on the employer to substantiate such allegations with cogent evidence. See Institute of Health, ABU Hospital Management Board v. Anyip (2011) 12 NWLR (Pt. 1260) 1 and Bamgboye v. University of Ilorin (1999) 10 NWLR (Pt. 622) 290. In the absence of such proof, the purported dismissal cannot stand.

 

  1. Consequently, it is my determination that the defendant failed to establish that the claimant was validly dismissed for misconduct. The purported dismissal is, in law, a wrongful termination of employment, not supported by the terms of the contract.

 

  1. Having found that the defendant failed to establish a lawful dismissal, it follows that the claimant’s employment was wrongfully terminated. In an employer-employee relationship, a finding of wrongful termination does not revive the employment or entitle the employee to reinstatement. The settled position is that the employment nonetheless comes to an end on the date of termination, and the appropriate remedy is damages, measured by the employee’s salary for the period of notice stipulated in the contract, together with any accrued entitlements up to that date.

 

  1. This principle has been repeatedly affirmed in Chukwumah v. Shell Petroleum (1993) 4 NWLR (Pt. 289) 512, N.N.P.C. v. Idoniboye-Obu (1996) 1 NWLR (Pt. 427) 655, and Eze v. Spring Bank Plc (2011) 18 NWLR (Pt. 1278) 113. The Court in these cases made clear that the effect of wrongful termination is not to nullify the employer’s act but to entitle the employee to monetary compensation in lieu of due process.

 

  1. Accordingly, the claimant’s entitlement to salary is restricted to what was earned up to the effective date of termination. From Exhibit CW120, the claimant’s employment ceased on 18 November 2019. While the Court has found that termination wrongful, the fact remains that the employment ended on that date. The claimant is, therefore, entitled to salary for the days he actually worked in November 2019 (1–18 November), prorated accordingly. He cannot lawfully claim the full salary for November, as he did not render service for the remaining part of that month. This Court cannot award salary for a period during which the claimant was no longer in the defendant’s service. See Spring Bank Plc v. Babatunde (2012) 5 NWLR (Pt. 1292) 83 and Olatunbosun v. NISER Council (1988) 3 NWLR (Pt. 80) 25.

 

  1. From the evidence and findings above, the following specific awards are made:
    1. Prorated Salary up to 18 November 2019

The claimant’s gross monthly salary as shown in Exhibit CW142 was ?603,398.29.
 Using a 30-day divisor, the daily rate is ?20,113.28. For 18 days worked in November 2019, the claimant earned ?362,038.97.
Accordingly, the claimant is awarded ?362,038.97 as prorated salary up to the date of termination.

  1. Leave Allowance

The claimant claimed ?503,527.10 for leave allowance. The defendant relied on the Staff Handbook and contended exit clearance was a condition precedent to payment and that dismissal may forfeit some benefits. The defendant’s witness (DW1) accepted that ?419,605.92 represented the correct leave allowance calculation for the claimant’s cadre. Accrued leave pay is ordinarily payable as an accrued entitlement. While the defendant may lawfully condition payment upon completion of exit clearance, the defendant cannot use its own wrongful conduct to defeat accrued entitlements. Equity prevents a party from relying on a technical requirement it rendered unattainable by its wrongful act. See Afolayan v. Ogunrinde (1990) 1 NWLR (Pt. 127) 369. The precise figure of ?503,527.10 as pleaded was not established by clear documentary calculation tied to an agreed salary base in evidence; however, the defendant’s own evidence admitted and accepted a figure of ?419,605.92.

In the exercise of the Court’s equitable discretion and having regard to the defendant’s admission, the claimant is awarded ?419,605.92 as accrued and unpaid leave allowance.

  1. Reimbursement for Budweiser Promo Expenses

The claimant produced documentary evidence (Exhibits CW51–CW55) showing that he expended ?480,000.00 of his personal funds to execute company-approved promotional activities. The defendant did not rebut this evidence.
Accordingly, the claimant is awarded ?480,000.00 as reimbursement for Budweiser promo expenditure.

  1. Special Damages – Travel, Accommodation and Incidental Costs

Special damages must be specifically pleaded and proved by evidence of the expenditure. The claimant tendered receipts (Exhibits CW90–CW141) totaling ?530,040.00 for expenses incurred in attending disciplinary and appeal hearings at the defendant’s behest. These exhibits were authenticated and not discredited under cross-examination. Accordingly, the claimant is awarded ?530,040.00 as special damages.

  1. General Damages for Wrongful Termination

Damages for wrongful dismissal are compensatory and must be reasonable and proportionate to the injury suffered (injured feelings, humiliation, reputational harm, and loss of chance). Given the wrongful manner in which the claimant’s employment was brought to an end, the humiliation and reputational injury suffered, and the failure of the defendant to observe its own procedures, the Court awards the claimant ?2,000,000.00 (Two Million Naira) as general damages for wrongful termination.

  1. Costs

Costs ordinarily follow the event. Having partly succeeded in this action, the claimant is entitled to costs assessed at ?500,000.00 (Five Hundred Thousand Naira).

  1. Interest

Pursuant to Order 47 Rule 7 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, interest is hereby awarded at the rate of 10% per annum on the total judgment sum from the date of this judgment until full and final liquidation.

 

  1. Accordingly, and for the avoidance of doubt, it is hereby ordered as follows:
    1. The termination of the claimant’s employment by the defendant on 18 November 2019 was wrongful and in breach of the defendant’s disciplinary policy and the claimant’s right to fair hearing.
    2. In effect, it is declared that the claimant is entitled to all accrued and unpaid benefits and allowances duly established before this Court, including prorated salary up to 18 November 2019, accrued leave allowance, and other proven entitlements as specified in this judgment.
    3. The defendant is ordered to pay to the claimant the total judgment sum of ?3,291,684.89 (Three Million, Two Hundred and Ninety-One Thousand, Six Hundred and Eighty-Four Naira, Eighty-Nine Kobo) representing the heads of claim listed above.
    4. The defendant shall pay interest on the said sum at the rate of 10% per annum from the date of this judgment until payment in full.
    5. The defendant shall comply with this order within 28 days of the date of judgment.

 

  1. Judgment is entered accordingly

 

Hon Justice J.I. Targema, PhD