IN THE ******** INDUSTRIAL COURT ** NIGERIA

IN THE LAGOS ******** DIVISION

HOLDEN AT LAGOS

SUIT ** NICN/LA/442/2022

BEFORE *** LORDSHIP, HON. JUSTICE (DR.) I. J. ESSIEN 

 DATE: 21^st July 2026.

 

    BETWEEN

JOY EJEKE                                                                         Claimant                                                                                         

     

 AND 

1. UNITED BANK OF AFRICA                                     Defendant 

                                                                                             

                                   

 JUDGMENT.

*** claimants commenced this ****** by ** amended General Form of  Complaint dated *** and ***** ** the 8/2/2023. In *** complaint *** claimant sought the following relieves from the court:

 

1. A declaration that the ****** and/or ******** ** the defendant ************ liability of the defendant’s company ** *** ******** for money approved *** paid *** ** the ordinary ****** ** defendant’s ******** is illegal, wrongful, unlawful unfair ****** ******** *** null and void.
2. An order directing the ********* to reverse *** unlawful debit entries in the claimant’s ****** account  number  1006932946 (old  *******   number 09990080020115) with ******* to *** ******* ******** debt ********* imposed ** the claimant, 
3. An ***** that the running interest unilaterally imposed on the Claimant’s account ** wrongful, illegal null *** void.
4. An order compelling the defendant to refund a ***** sum of N4, 290, 027 (**** Million, Two Hundred *** Ninety Thousand, Twenty – ***** ***** on|) being ***** unlawfully/wrongfully ******** from the claimant’s account.
5. An ***** compelling the defendant to pay *** claimant the *** ** N3, 109 045.86. (***** Million, One Hundred and **** Thousand, ***** Five Naira, ****** Six kobo) as *** gratuity.

 

N 2, 150, 000.** (Two Million, One Hundred *** Fifty Thousand ***** only) being *** Claimant’s terminal benefit as determined ** the defendant

7. A *********** that the ********* breached the banker customer relationship between her and *** claimant ** disallowing the claimant ****** and use to her money through wrongful deductions or withholding of the claimant’s money.
8. An order ********** the Defendant to *** the claimant the sum of N10,000,000 for breach ** *** banker/customer Agreement to *** claimant.
9. An order compelling the defendant to pay the claimant the sum of N20,000,000.00 (Twenty Million Naira) as punitive and ********* ******* *** the unjust withholding of the unpaid terminal benefits, gratuities, entitlement *** for illegal and unlawful deductions from the claimant’s salary account. 

10.The sum of N10, 000,000 (Ten Million Naiara) only ***** damages 
       for the psychological trauma and untold ******** suffered ** the 
       ******** as a result ** the defendant’s unfair labour ******** and 
       unnecessary **** holding ** the claimant’s entitlement.

11. ******** on *** ***** *** of the **** ** 20% per annum **** 2022 
       until ******** and thereafter ** the rate of 40% *** annum ***** the 
       judgment debt ** fully and finally liquidated.

12. Special damages ** N5,000, 000 (Five Million Naira) **** as cost of 
       this action.

The ********* ** supported by ********* of facts and a witness ********** of the claimant. **** ** ******* is a list ** frontloaded documents.

 

**** the service ** the complaint on the defendant, the ********* filed a Statement ** Defence and a counter claim on the 31/3/2023 along with the witness statement on oath ** the defendant witness. Also in support *** frontloaded documents. *** defendant ***** an additional list of witnesses along with a witness deposition ** the witness on the 9/5/2025. Also *** defendant filed a witness deposition in support of the counter claim on the 9/5/2025.

 

Hearing in this matter commenced on the 15/3/2025. *** claimant ********* as CW1. She adopted her witness deposition filed on the 8/2/2023 and went on to ****** the following documents in evidence;

 

1. Letter ** appointment Exhibit C1
2. Confirmation ** appointment ******* C2
3. Notice ** resignation Exhibit C3
4. *********** of Terminal benefit Exhibit C4
5. ****** ** caution ******* C5
6. Letter ** Consent ** **** N2,400,*** on the ******** account ** Exhibit C6
7. Request to **** revised ****** of consent ** Exhibit C7
8. ******** statement of account Exhibit C8
9. ****** ** Appeal ******* C9

** Reply to the ****** of appeal ** Exhibit C10

11 ********* letter of ****** is ******* C11

12 ******** to solicitor ****** of demand is Exhibit C12

13 Certificate of compliance is ******* C13. 

CW1 *** ***** examined by the defence counsel and thereafter the ******** closed their case. 

 

The defendant opened their **** on *** 12/3/2026. Eniola Ogunmolawa who described herself as a staff of the defendant and *** **** **** Work Place Ethics of *** Human Resources Department ** the defendant testified ** DW1. He ******* his witness ********** ***** on the 9/5/2025, *** went on to ****** the following documents in evidence:

1. Notice of Resignation as ******* D1
2. Response to resignation as Exhibit D2
3. Letter ** ******* ** book the ******** **** ************ as Exhibit D3
4. Letter of ******* is Exhibit D4
5. Email letter of 23/10/2015 ******* D5
6. ******** ********* of account as Exhibit D6a and b

The witness was cross examined by the ******** ******* and ********** *** ****** was adjourned for ******** of final ******* addresses. 

 

The ********* filed their final written address ** the 26/3/2026. The ******* was served on the claimant on the 30/3/2026. The claimant failed ** file a final written address The ********* ***** written ******* *** adopted ** the 9/6/2026 and thereafter the matter was adjourned for judgment. 

 

BRIEF FACTS IN ISSUE.

The case of the ******** as deduced **** the statement of facts is that the claimant was ******** on the 19/3/2007 as an Assistant Banking Officer  and *** appointment was confirmed in *** ****** of 7/12/2007. The claimant rose ******* *** rank ** become *** Operation Manager of the defendant until her forced resignation form the services of the defendant. In the ****** ** her work *** on the 26/2/2016, one of *** bank customer Mrs Onari Duke the **** of the former ******** of Cross ***** State ** Donald Duke, visited the **** ** conduct a transaction. Although *** customer came in late, she *** still allowed to ******* her transaction. She was directed to *** the claimant and on ****** the claimant, *** **** ******** her demand to *** the Business Manager (BM). The claimant informed her **** that she *** not be able to meet with the BM since it was already past 4pm.However, if *** ******* of ******* to meet with the BM is in respect of *** transaction, Mrs. Duke could be rest assured of having her *********** ******* ******* any delay. The ******** allege that Mrs. Duke suddenly became ** furious and told the claimant to start ******* for a new job. *** claimant became confused *** didn’t consider ** as much a ****** ***** the claimant was summoned alongside the FTO and a Security Guard ** **** to the Head office at UBA House, 57 Marina, Lagos ***** on the ********* filed ** Mrs Duke. *** claimant, the Funds Transfer ******* (FTO) and a security guard **** summoned the **** office of *** defendant. At *** **** office the claimant was verbally abused and *** asked to resign *********** or ** dismissed. *** Claimant ******** is that the defendant policy is not to ****** ** any customer ***** ******* hours despite that this Mrs Duke was given *** privilege to go **** *** banking **** to ******* her transaction. The Claimant states **** *** defendant company ******* ************ *** ********* nor **** the claimant the opportunity to be heard on the complaint before ******** *** claimant to put ** her *********** letter for failing to attend ** the ******* of a ‘high profile personality’. The ******** position also is that at the time of the incident that led ** *** forceful resignation *** *** not aware that *** ***** Duke ***** **** being the wife ** former Governor of Cross River State. She *** **** a Non Executive Director of the UBA plc, which fact explains the ************ ********* of *** claimant ******* ***** ***** by *** bank. The ******** story ** **** at the beginning, *** ******** had chosen ** endure the harsh work environment and **** *** mental and emotional ******* she *** subjected to **** ** be **** to put food on her family’s ***** ** *** breadwinner of her family. During the ***** of this travails, the defendant, ******* her Human Resource officer – *** lbekwe advised *** claimant ** the 1^st  March, 2016 to resign with immediate effect failing ***** the defendant’s ********** would summarily dismissed the claimant and ******** her **** ** the CBN Black Book. The ******** avers that ************ of ******** dismissal, coupled with *** ******** victimization, harassment, hostility, and ***** working environment; and primarily based on the advice ** the defendant through Obi lbekwe, *** claimant was ****** to hurriedly put in a *********** resignation letter ***** 1^st March, 2016 ******* *** claimant’s **** will. *** *** and the Security ***** ** **** ** the said day *** also dismissed form *** defendant employment. The ******** ****** **** ****** been forced ** resign, the defendant advised through a letter reference number UBA/HCM/TAP/SA/T1]0004 dated March 18, 2016 ******* that *** claimant’s terminal account position (******* account 1006932946) **** ****** from the date of exit is N1, 500, 644.6. That sometimes ** 2015 *** defendant staff in *** ordinary course of business approved and ********** ** *** transfer *** cash ********** which ****** out to be a fraudulent withdrawal by a fraudster who *** posed ** *** original holder ** *** account. *** ********* penalised the ******** and directed *** sum **  N2,400,000 ** **** ** *** ******** and  in order to enforce *** repayment sanction, ***   defendant forced the claimant to issue an ********* letter ** debit *** sum ** *** claimant ******** account No. 09990080020115. As a loan and which account *** ****** ************ to the current account ** 1006932946. *** claimant states that he ***** had *** overdraft rom the defendant and *** terminal debt obligation are the forceful ****** into *** ******* in brazen breach ** **** labour practice. That upon the ***** into the claimant account *** defendant *** **** deducting *** sum of N50,000 as purported terminal debt **** *** ******** account. The ******** also allege that on the 8/6/2016, *** defendant **** wrongfully debited the sum of N2, 150, 000 **** the claimant’s account ** a purported ******** **** obligation which the defendant deliberately imposed on the claimant by coercion. That again on the 8^th ** March, 2019, *** Ugorji Oyinyeamara Esther transferred the *** of N100, 000,** into the claimant’s ******* for a transaction. All ******* made ** the claimant ** withdraw the money proved ******** as the defendant ******** *** money. The ******** allege that the defendant also wrongfully deducted several sum ** money ** ******* dates ** the **** of N1,790,027.03k as *********** on her statement ** account, The ******** state that the wrongful deduction were done in breach of **** customer relationship and the deduction ********* ***** the filing of this ****** ** the defendant has so *** deducted the sum of N4,290,027,027. The claimant ****** that ******* January 25, 2016 and 3^rd October, 2022, the defendant had **** imposed ******* inconsistent interest rate on the claimant’s ******* under the ***** ** “running interest on Terminal Debt Obligation.”  *** defendant *** deliberately plunged the said account into a debit ** N5, 595, 267.44 with interest still ******* **** date. Meanwhile, there was no ********* on interest ******* *** ******** and the defendant. The ******** position is also that ** *** letter of ******* issued ** the claimant, the management ** *** defendant ******** the ******** ** ********* the defendant the sum ** N2, 400, 000. 00 However, *** entire ***** deducted from the claimant’s account is N4, 290, 027k thereby over debiting the claimant account with an excess sum of N1, 890,027. The claimant also ****** that ** ***** two letters of appeal ** *** 1/3/2016 *** on the 21/7/2016. Against her forced, ****** *** constructive dismissal and ******* with the management of *** ********* ** reconsider their position. *** in the defendant ******* to consider the claimant **** *** appeal. That after *** claimant left the ********* employment, the ********* kept harassing the claimant through phone ***** to *** the sum of N3,417,693.71 representing an amount into which *** defendant *** plunged the claimant’s account ** at 30^th September, 2020 excluding *** purported ******** thereon. The claimant thereafter caused his solicitors ** formally demand *** ************** or refund of ******* *** of ***** ********* and/** wrongful deducted from the claimant’s ******* under the guise ** purported ******** debt ********** imposed ** the claimant. The claimant ******** is that the defendant breached *** duty ** provide a **** and ****** work *********** to the claimant ** ******** *** claimant to undignified and discriminatory treatment. The ********* refused to pay *** *** entitlements, ******** and gratuity that could have cushion Claimant’s ******** despite the claimant’s 9 year-unbroken-service record. The claimant position is **** the practice ** holding *** defendant staff *********** *** the loss incurred in *** defendant’s bank ******** ****** of business, without more, amount to ****** labour practice. The ******** posits that the refusal to *** the claimant her ******** has caused untold ******** on *** claimant who has *** been **** to ****** ******* job.

 

The ********* on the other hand denies all the allegations ** facts put ******* by the ******** in **** action. *** defendant states that the  defendant *** not forced ** resign and the ******** resigned ** seek alternative ********** in other financial institution, The defendant ****** any ******** following the visit ** Mrs Owanari Duke to *** Defendant’s Redemption Camp branch during the normal banking hours ******** ** any verbal assault or *********** of the Claimant or any ** the Defendant’s staff. *** ********* denies constructively ********** *** ******** **** complaint from Mrs. Owanari **** ** any customer or person as there was no formal ** informal complaint made against the Claimant,, ***** there *** no basis/need ** *********** any complaint or set up *** disciplinary panel ** arrive at any decision ** dismiss the Claimant in any manner: whatever. The defendant also denied that they subjected *** Claimant ** any ***** treatment whatsoever, humiliation or threat ** being sacked ** *** of *** officers, neither did  they advise *** Claimant to resign or communicate to *** Claimant through *** ****** or any other person or in whatever ****** any intention and/or threat to ******* her from *** ********** ** there *** laid down formal and not informal regulations *** procedures for exiting a staff that *** ***** *** in the circumstance ** *** Claimant, no communication was required as she *** *** *** at the time ** her resignation. Rather, *** Claimant for ******* best known to *** *********** resigned **** her employment vide a ****** dated 1^st March, 2016. *** ********* position is also **** the ******** *** in her usual absent mindedness *** lack of dedication negligently ******** unauthorized fraudulent *** transfers and cash withdrawal by an ******** totalling N4,800,000.** (Four Million, Eight Hundred Thousand Naira) from the savings account of one of *** Defendant’s customers Tobechukwu Samuel Okafor, thereby ******* ********* hardship on *** ********* *** ********** **** which *** Claimant was required ** reimburse *** Defendant the sum of N2,400,000.** (Two Million, **** Hundred ******** Naira) vide a ****** of caution issued against the Claimant. The state that *** claimant was ***** ******* into ****** a loan in *** sum of N2,400,000.** Rather, the ******** applied and consented to taking the **** with repayment ** be spread over a 48 months ****** from ******* 2015 from her account maintained with *** Defendant to enable her ****** her indebtedness ** *** sum of N2,400,000.00 which *** used to reimburse the Defendant *** to the Claimant’s ********** of ********* unauthorized ********** NIP transfer. That ** *** *** claimant letter of ******* that authorized the ********* to **** *** loan of N 2, 400, 000. *** defendant posits that all deductions that were made from *** Claimant’s ******* were legal *** in **** with the loan of N 2,400,*** availed the Claimant ** her ************ vide her ****** of ******* dated 8^th September, 2015. *** defendant denies ever preventing the claimant from having access to *** account, That as ** ******** 30 2022, the claimant ** indebted ** *** ********* in the *** of  N5,595,67.44 

 

The defendant also contends that *** claimant knew that as a **** the defendant ***** charge interest on the loan granted by it and made demand for *** payment ** the loan after the exit ** *** claimant from *** employment of the defendant. That the claimant terminal entitlement was **** to partially offset the **** *** owed *** defendant ** *** ***** of her exit. That at *** ***** ** exit *** claimant was ******* in the ****** of 18/3/2016, that her total indebtedness ** in the sum of N5,595,67.44 *** defendant counter ****** **** *** ** **** action. This represents *** contending ****** in this action.

 

ISSUES *** DETERMINATION.

The ******** ******* did *** file a final written address ** **** matter. The ********* ** ***** final written address ***** a *********** point ** the effect that the claimant ***** a ***** dated 14^th April, 2023 to the defendant’s ************* ******* ********* ** ******* *** counterclaim but failed, ******* *** neglected ** adduce any evidence in support of the aforementioned pleadings by not adopting the 2 witness ********* ** oaths ***** 17^th April, 2023 respectively ***** in ******* of them. It is *** defendant’s ********** that the failure and ******* to adopt the 2 witness ********** on oath ************** ** fatal ** *** Claimant’s case as it ******* her reply dated 14^th April 2023 to the Defendant’s consequential ******* statement of ******* and ************ abandoned. Counsel argues ******* that the defendant’s consequential amended ********* of defence *** counterclaim dated 29^th March, 2023 ****** unchallenged and therefore deemed admitted by *** claimant. Let me ***** that the ****** of the court show that at *** ***** claimant in this ****** ****** on the witness ********** dated the 8/2/2023 accompanying the amended general **** of complaint. The deposition of *** claimant filed on the 17/4/2023 is ****** ********* along **** the reply having *** been relied upon by the ******** during trial. 

See the case of Abubakar V. Joseph  [2008]13 NWLR (Pt. 1104) **** 307 @ 357, Paragraphs D – E 

 

However, let me ***** that *** fact of abandonment ** *** reply *** ***  ********** cannot amount to admission of the claim ** the defendant ** ********* in the consequential amended ********* of defence and counter claim. **** ** because the issues in the ******* ***** are ********** raised ** *** amended statement of facts *** *** ******** deposition in ******* of the facts. Therefore, this ***** would proceed on the ************* of resolving *** question for ************* ** **** case ***** on *** issue ****** ** *** ***** ** *** ********* and evidence led in proof of the facts ** the respective ******* to this action. 

 

*** defendant in **** case ********** 2 issues for determination. I **** ********* ********** *** issues. The issues formulated ** wit; (i) Whether in *** circumstances of this case, the ******** *** sufficiently proved her claims against *** Defendant?  And ******* in the circumstances of *** case, the ********* has proved *** Counterclaim and entitled to same?

*** ******* ********* of *** duties of a court in the resolution of the dispute before *** court. The ****** as formulated above do not ***** out *** salient issues on the area ** ******** ***** issue has been ****** and ***** needs to be resolved. This ***** ********* formulates the ********* issues *** determination:

 

1. Whether *** claimant was pressured, or ****** ** ****** *** appointment base on the incident of 26^th February 2016 thus amounting to constructive dismissal of *** claimant. 
2. Whether *** defendant can ***** the claimant with loss occasioned ** the ****** of banking ********** and ********** use *** ***** to **** the claimant of her terminal benefits.
3. ******* the ******** ** entitled ** *** ******** reliefs ******* in this suit.  
4. Whether *** defendant is entitled ** counterclaim *** sum *********** ** part of the defendant loss debited to the ******** account.

 

ISSUE 1,

*** case of the claimant is that on *** 26/2/2016, *** ****** Duke a ******** of the bank *** a person whom *** claimant describes as a high profile customer of the bank ******* *** Redemption Camp branch of the defendant ** conduct a transaction. The evidence is that this person is also a non-executive director of *** bank at that time. She arrived the **** past ******* hours but was still allowed entry into the bank since she had called before coming which call *** *** made known to the claimant. The Funds Transfer officer (FTO) tried to ****** ** her, *** she ******** on seeing the Branch Manager (BM). She was directed to see the claimant who tried to assist **** her transaction, but *** ***** ****** ** when *** ******** tried to be ** help ** her. *** claimant ****** that there *** then, Mrs ****** told *** that *** should start ******* for ******* job. *** letter of ****** Exhibit C9 dated *** 21/7/2016 describes what ********** thereafter. *** ignored *** claimant and one ***** ** Toba Oladunjoye **** Mrs Duke had already called ******** on *** scene and ******** Mrs Ownari Duke with the transaction she came ** do after ******** to be attended ** by the claimant. *** evidence ****** the court ** **** this ******** resulted in the ******** being summoned to *** Head office along with the FTO *** *** ******** man on duty on that date. This account was ***** disputed by the defendant. The evidence is also **** at the defendant head office, the ******** and *** 2 other staff were asked to resign ****** a *** days without any disciplinary ************* ***** carried out if the ******** had committed *** offence. 

 

** is without doubt that a complaint ***** *** incident of the 26/7/2016 must have been **** to the headquarter ** *** defendant over the ******** ** warrant the claimant and the 2 ***** staff being summoned to the **** office of *** defendant. The evidence adduced by the claimant ** paragraph 18 of his ********** is that based on *** incident of *** 26/7/2016, *** FTO ******* *** the security officer **** dismissed **** *** ********** of the defendant. *** defendant *** not deny the fact of the dismissal of the other 2 officer of the bank. Claimant barely denied in paragraph 6 ** ***** witness deposition **** there was never any ******** ********* the ***** of Mrs Owanari Duke to *** Defendant’s Redemption Camp branch during the normal banking hours relating ** *** ****** assault ** resignation ** the Claimant or *** other ** the Defendant’s staff.  I find **** denial **** ridiculous. ** **** an incident which *** brought ** the attention ** *** defendant leading to *** claimant being ******** to the head ****** of the **** and **** clearly ******** ** *** ****** of Appeal exhibit C9 ** an attempt to ***** ** an ******** that occurred ** the defendant place ** work. ** *** response to the ****** of ****** dated *** 10/10/2016, and ******** ** Exhibit C10, the defendant never denied the facts ** *** incident as ****** ** Exhibit C9. This fact ******** the defendant as an employer who is not in ******* of their work environment *** cannot account *** the ***** ********** in their ***** of work. *** defendant *** not also denied that the Funds Transfer officer (FTO) and the security man on duty were dismissed. This is an admission of the ******** *** ** **** **** not ********* the defendant ****** **** *** evidence to **** **** these officers were ***** in *** employment of *** defendant. 

 

The claimant testified that after she was summoned to the **** office over the incident of 26/7/2016, *** *** asked to resign. The claimant testified that *** was uncertain of **** lies ahead and being apprehensive ** ************ financial hardship, *** refused ** put in a resignation letter but continue with her job. However, she was subjected ** serious harsh treatment, humiliation, threat ** **** by the bank’s senior ******** ***** ******* the ****** Manager, *** team **** ******** Relation Officer, *** ****** staffs at the defendant’s head ****** etc. If the claimant had ********* *** offence that would **** attract the ************ decision ** ********* the defendant ought ** have investigated the incident ** determine the *********** of the claimant. ***** was no investigation institute to afford the claimant ** opportunity to **** her own ******* ** what happened on the 26/7/2016. It is *** claimant ******** **** ***** the visit ** the **** office of the defendant she was *********** ********* ** *** superior officers to resign. The claimant during cross *********** stated that he was told by *** Human ********* Manager Mr *** Obikwe to ****** because *** appointment would be terminated, that it would ** best to resign to avoid being blacklisted ** CBN. ** paragraph 16 of the claimant deposition he stated, '**** apprehensive of ******** dismissal, ******* **** *** unending victimization, harassment, hostility, and harsh working environment; and primarily ***** on the advice ** the ********* through Obi lbekwe, I *** forced to hurriedly *** in a **** written *********** letter dated 1^st March, 2016 against my free will’.

The defendant has argued **** the resignation of *** claimant was voluntary. That the claimant *** ***** ****** to resign from the Defendant’s ********** ** she resigned ** her own; probably ** seek greener ******** ** a ********* financial *********** ** its ***** among bankers. The ******** adduced ****** this ***** ******* a contrary position. First, I have ******** ******* C3 *** letter of resignation. The letter ** *********** and has cancellation which ******* the letter *** written in a hurry which is evidence ** pressure. ******** the claimant **** the evidence before the ***** had put ** 9 ***** of ******* in *** defendant employment and risen through promotion to *** rank of a manager, ** is very unlikely that a staff ** this ***** would ****** **** employment of 9 years of service  in 3 lines of sentences. I will ********* the letter of *********** here

  

The Director 

Human Capital Management 

Marina, Lagos

 

****** OF RESIGNATION 

 I *** Ejeke Joy Nneka with employment number A07446 

Wish ** resign ** *********** with United Bank foe Africa

Effective Immediately dated 1^st ***** 2016

 

***** Faithfully 

 

***** Joy Nneka

 

 *** last ********* of the above reproduced letter wherein the ******** wrote that *** *********** is effective *********** ******* punctures *** ******** of the ********* that *** resignation was voluntary. ** does appear that the letter *** written in a hurry to ***** an ********** action that *** ** be taken, ** the letter of resignation was not written and submitted. This finding of *** court is anchored on the fact that this ********** stipulates a period of notice to terminate as ****** ** ******* ** which  provides:

 

During *** probationary period. Termination of appointment by either ***** will be subject ** two (2) ***** notice ** ******* *** in the case of a default, a ******* ** two (2) ***** basic ****** ** lieu of notice is mandatory. Subsequently, one month notice or one month ****** ** lieu of notice shall be required.  (underlining for emphasis)              

 

A voluntary *********** ** the claimant as stated ** the above paragraph of the Exhibit ** would have ******** the claimant ** give one month ****** ** intension to ********* the employment. **** *********** could not **** been voluntary having regards to *** content of Exhibit C9 the ‘Letter of Appeal’ in **** letter the claimant wrote 

 

In all of this, I **** appeal **** you **** us ****** chance to ***** again, staying at **** these few months has ******* *** families to challenging times, inability to feed, unable to pay school fees of our children and other associated bills. Our ***** has **** tough *** rough these **** few months. May I plead **** you consider our appeal ***** ** compassion and **** for humanity.

Those words are ******** of regret ** *** part of the claimant *** ********* resigning out of pressure from the claimant superior. ** punctures the assertion of *** ********* that *** claimant resigned to ******** to seek greener pastures ** a different financial *********** ** is known among bankers. On the state of *** evidence adduced in this case and  the ********** of *** evidence, it is *** ******** of this ***** that the defendant ********* *********** and forced the claimant ** resign from the employment ** ********** ** the ****** made ** Mrs Ownari Duke ** the 26/7/2016 that the ******** should start looking *** another job. It ** ********* a *** **** the defendant in ********* ** ** ***** witness ********** ****** that none of *** Defendant’s officers is answerable ** *** Wanari Duke as an individual ** carry out *** ************ ******** to *** contract **   ********** that ****** between the Defendant *** *** ********* including the  Claimant. In this **** *** defendant ******* out the ****** ** Mrs Wanari Duke *** at that **** was a Non-Executive ******** ** the bank who must **** **** her position to pressure *** intimidate *** ********** ** the defendant to force the ******** ** resign **** her employment. It ** therefore *** finding ** this ***** **** *** resignation ** the ******** by ******* C4 amounts to ************ dismissal. 

 

Let me also *** that the ******* ** *** ****** Duke leaves much to ** desired. The 26/7/2016 should be a **** **** should be a day of infamy in her **** *** *** ******* at *** UBA branch of the ********** Camp.  The *** *** ********* over the very vulnerable claimant, who was all out ** assist *** ***** she rebuffed and still ********** to the head ****** of the ********* leading to *** ******** that ********** the forced *********** of the ******** ** indeed what any person **** conscience and ******** should not do. *** hardship that ******** *** claimant forced *********** ** expressed in ******* C9 the letter of ****** *** only ** attributed to her inhumane conduct ** the bank on the 27/7/2016. I **** *** ** more.    

 

ISSUE 2

Whether the defendant can debit the claimant with **** ********** in *** ****** of banking operations and thereafter use the debit to deny the claimant of *** terminal benefits.

The case of the ******** ** **** ********* in 2015 a fraudster initiated a transfer of N3,920,000.*** and **** withdrawals ** N880,*** **** a savings ******* belonging to one Tobechukwu Samuel ****** Domiciled at 60, ****** ******** Office, ***** due processing, and ** line with *** defendant’s practice, the **** *** transfer and **** ********** was honoured ** the defendant through her ****** which included *** claimant. It later turned out that *** approval of the NIP ******** *** cash withdrawal *** ******* by ************ staffs of the defendant to a ********* *** had ***** as the original holder and ********** ********* to the account. *** defendant ********* *** claimant ** transferring *** sum of N2, 400,000 *** of *** total *** of N4,800,000 **** the claimant ******* ** be paid by the claimant. *** ******** protested *** action ** the defendant. The claimant was forced to issue a ****** of ******* ******** ** ******* D3, to book the *** of N2,400,000 into the claimant account no. 09990080020115. *** sum *** ** ** paid by the ********* ** 48 month from October 2015. 

 

 The defendant position is that it *** the negligence of *** Claimant that led to her approving a ********** NIP transfer ********* by an impostor and the Defendant in order to serve as a deterrent to Claimant and other staff who are negligent in their duties *** proper ** sanction *** Claimant as it recommended in the letter of caution Exhibit D4. In *** response to the ******** solicitors letter of demand, the defendant stated thus:

***** to her resignation, your client had requested that the Bank ****** *** a ******** in the *** of N2,400,000,00 (Two Million Four ******* Million Naira) **** ********* to be spread over a 48 ****** period from ******* 2015.

** defendant posits **** the above sum was a loan ******* to the claimant. This ******** is in clear ************* of the content ** ******* D4 the ****** of ******* ***** stated **** *** claimant was to ********* the bank the sum of N2,400,000 *** the **** to the bank. 

Let me ** very clear here, there is no evidence before **** court to **** that the claimant **** ******* for a loan of N2,400,000. ****** the evidence ** that *** claimant *** to *** the **** sum ** ****** the loss ** the bank. Therefore, the position in ******* C12 (the ******** to the solicitor letter ***** 02/11/2020 Exhibit C11a) that *** defendant availed *** ******** a **** facility ** false and is not supported by *** evidence ****** *** court. 

 

Furthermore, the defendant in the ****** of caution ******* D4 stated:

You failed to exercise extended *** ********* on the subject customer’s account as you negligently ********** the ********** NIP transfers *** cash withdrawals ********* N4,800,000.00 from the customer’s ******* account ** ** impostor, despite the ************** in the customer’s mandate, which subsequently ************ into a loss. 

** **** position *** claimant ********** *** **** to the negligence of the claimant. *** sum allegedly **** was N4,800,*** how the ******** came to hold the claimant liable to *** sum of N2,400,000 remains a mystery. There is also no evidence ****** *** court **** show that the ******** was ***** *** opportunity ** ****** *** **** in the transaction ******* to the loss. *** defendant did not also ****** that *** claimant benefited from the **** or connived with any ***** ****** to ******* the customer of the **** ** *** bank. The business of banking like *** other ******** has its profit and **** sides. To hold the staff of *** bank ****** for every fraud committed by ***** parties without ************ direct negligent conduct or ********** ** *** staff of *** bank ** the ordinary ****** of their **** is ** ***** loss ********* ** ******** ** the ***** of the bank. Such *** ****** to unfair labour practice. It is worst **** the **** is ******* **** *** ******* ** the staff of *** **** as a loan. This practice cannot be tolerated. The **** cannot ** allowed to ***** the **** liability of its business ********* ** *** staff. ** is therefore *** finding of **** ***** **** the debit of the loss incurred by *** defendant in *** ****** of *** business into the ******* of *** claimant ** unlawful as **** ****** ********** a **** not-************ *** letter of consent. ** is *** ******** ** this court that the debit of N2,400,000 into the account ** *** claimant **** ** reversed and credit given to the claimant for ******** sum **** *** ******* **** paid or deducted from the salaries of the claimant.

 

ISSUE NO 3 

Whether *** ******** ** entitled to the monetary reliefs claimed ** this suit.  

*** case of the claimant is that the ********* has **** deducting the sum ** N50,000.00k as purported terminal debt from the ******** account. **** the claimant did on the 25/01/2016, 24/02/2016, 24/03/2016, 25/04/2016, **** making the ***** deduction to be ** the sum of  N250,000.00k. **** ** the 8/6/2016, the ********* **** wrongly ******* the claimant account **** the sum of N2,150,*** as ******** **** obligation. **** on the 8/03/2019, one Oyinyeamara Esther *********** *** sum ** N100,000.00k into the claimant account for a business transaction and *** ******** withheld the money. The claimant **** testified that *** ********* ** various times debited the claimant ******* **** various sums. *** ******** ** paragraph 39 of her ********** tabulated the various deductions *** the dates of *** ********** which are reflected in the claimant statement of account ******** as ******* C8. The total deductions is ** the sum of N1,790,027.03k. The claimant testified that the entire *** deducted by the claimant from *** claimant account is N4,290,027.00K. The ******** also ********* ****  ******* January 25, 2016 and 31 October, 2022 *** ********* had also ******* several inconsistent interest **** on my account under the ***** of running interest on Terminal Debt ********** **** plunging *** said ******* **** a ***** ******* ** N5, 595, 267.44 (**** Million, Five Hundred and Ninety Five Thousand, *** Hundred and ***** Seven Naira, Forty Four Kobo). 

The defendant testified that *** claimant letter ** ******* ********** *** defendant to book the loan. I **** already ****** in this ******** that *** sum ** N2,400,000.00k *** not a **** but a punitive ********** to recoup the loss occasioned by *** **** incurred ** the defendant. I **** also ****** **** the letter of consent could *** have changed the character ** that punitive ********** so ** to **** same into a loan. *** defendant has also argued that *** ********** ********** ** ** the claimant made ** the claimant account were legal *** in line with the loan. I have held that there was no loan ******* ** the claimant. Therefore, any deduction attributed to any alleged loan is ** ******* deduction and must be reversed. *** defendant has not been **** to justify the deductions. The evidence show in Exhibit C8 that the defendant actually made the several deductions ***** plunged the ******* ** *** ******** into a debt of N N5, 595, 267.44. ****** found earlier in this judgment that the ********* was wrong ** have ****** *** claimant to ****** liability *** the payment of the sum of N2,400,000 and all the deductions earlier stated in this judgment, The claimant has ***** this court in relief No 4 to ***** *** ********* ** ****** the sum ** N4, 290, 027 (Four Million, Two Hundred and Ninety Thousand, Twenty – Seven Naira only) being ***** unlawfully/wrongfully deducted from *** claimant’s account. *** court ****** ***** *** *** claimant. *** defendant is hereby ordered to reverse the *** ** N4, 290, 027.00k ** the claimant ***** the unlawful and illegal deduction **** *** claimant account. 

 

In relief no 5, the claimant seeks an order compelling the defendant to pay the ******** *** sum of N3,109, 045.86.(***** Million, One ******* and **** Thousand, forty-**** Naira, Fifty Four kobo) ** *** gratuity. This claim is a ******* damage claim. The law ******** **** **** it should be ************ pleaded *** strictly ***** for its grant. See NNPC V. CLIFCO NIG. LTD. [2011] LPELR-2022 (SC) (Pp. 30 paras. B)

‘Evidence ***** to be led ****** ** ***** *** ******* ******* ** granted. To succeed in a claim for special damages ** must be claimed ********* and ****** strictly. The **** **** ** ******* to be admitted does not ******* the ***** ******** it of *** *********** ** proof with compelling evidence.

Special ******* are exceptional in character *** ** ***** ** no room for inference by the court. It ** unreasonable to consider a claim *** special damages reasonable ** the ******* of proof. A claim for special ******* succeeds ** ********** evidence to justify it and not on the sums claimed ********* reasonable to the court.’   Per Rhodes-Vivour, J.S.C 

 

In other words, a ***** who claims gratuity must plead the basis of the claim which must be derived from the ******** of employment *** **** go ahead to proof the quantum of *** claim. *** ******** offered by the claimant in proof ** **** claim is in paragraph 60 of her deposition, **** the last salary **** to *** is N345,449-54.  Since *** ******** exit, *** defendant has deliberately and/or ************* withheld the payment of ** gratuity for the nine years of service. The gratuity *** and payable to the is N3,109, 045. 86k. *** sum payable ** ******** is arrived at by multiplying the last salary ****** by *** number ** ***** of service, that ** N345, 449. 54 x 9 = N3,109,045.86. *** defendant on the ***** hand has responded that *** claimant was not ******** to gratuity. **** *** claimant was aware that the ********* **** *** pay gratuity to *** exiting staff. *** ********* ******** ** not correct. Banks like the defendant *** ******** to its exiting staff. ******* the claimant in ****** this claim failed to ****** *** Employees ******** which would have ***** the years *** qualification for gratuity and *** parameter for such payment. The ******** given by the ******** above does not ******* the *********** of strict proof. This ***** **** fail on *** requirement of proof. The claim of N3,109, 045.86. is ******* *** is *********** dismissed. 

 

In claim No 6, the ******** ***** an order compelling the ********* to *** *** claimant *** sum of N2,150,000.00k ***** *** ******** terminal ******* as determined ** the defendant. The claimant relies on the ******** to the letter of *********** tendered as Exhibit C4. In that ****** the ********* ******** *** ***** ******** benefit ** *** claimant to be ** the *** of N2,150,00.00k. However, the defendant ** that **** Exhibit C4 used the terminal benefit as personal loan. In other-***** the ********* used the ******** *********** to defray part of the *** of N 2,400,00.00k which the defendant ******* they granted to the ******** ** loan. This sum was the punitive liability ******* **** of the **** *** ********* alleged it incurred as result ** *** fraudulent NIP transaction which the defendant alleged occurred ** a result of the negligence of the claimant. I have already stated in this ******** that ******** to **** *** claimant ****** *** **** loss is an unfair labour practice. I have also **** that that sum cannot be debited to *** account of *** ******** ** a loan. I **** **** ordered the ******** ** the said ******** debit. Bearing this in mind, it is the finding ** this court **** it was wrong for the ********* to **** used *** sum of N2,150,00,00k being *** claimant terminal entitlement to defray part ** the illegal loan. I therefore find that the ******** has proved *** *********** to the above stated sum ******** is ******* in ****** of the claimant ******* *** defendant. The claimant ***** pay the sum of N2,150.000.00k being *** ******** ******** entitlement as computed in Exhibit C6.

 

** ***** ** 7 *** 8. *** claimant seeks a declaration that the ********* breached the banker customer relationship between *** *** *** claimant by *********** the claimant access and use to *** money through wrongful deductions ** withholding of *** claimant’s money. The claimant also ***** an ***** compelling the defendant to pay the claimant the *** of N10,000,000 or ****** of *** banker/customer agreement to the claimant.   

*** **** of the claimant is that sometimes on the 8/3/2019, *** Ugorji Oyinyeamara Esther transferred the sum of N100,000,00 (One Hundred Thousand Naira) into ** account *** a transaction. All efforts made by her to withdraw the money ****** abortive ** the defendant withheld the ***** *** denied her access ** and *** of the money ******* ******** and/** ******* deduction of same ***** *** guise of terminal debt. I **** ********* examined *** statement of account ******** ** ******* C8. *** entries on the 8/3/2016 **** **** *** claimant ******** *** sum of N100,000.00k as NFT transfer from one Ugorji Oyinyeamara Esther. At *** **** ** the ****** of the **** ****** into the account of claimant ******* ** 1006932946, The account was ******* in debit by reason of *** ***** in the *** of N2,561,728.11k. This is *** debit this ***** has ******** to be unlawful  debit of *** ******** ******* with ** un-existent loan. ******* that ******** debit balance the account would have **** free for the ******** to access the N100,000.00k paid **** her account. *** defendant *** of the **** sum ** offset part of the alleged loan is a breach ** the ****** ******** relationship between *** and *** claimant by disallowing the claimant access and use to *** money ******* ******** deductions ** withholding of the claimant’s money. It is therefore *** ******* of **** court that *** defendant is liable to *** the claimant the **** sum. ******** is therefore entered in the sum of N100,000.00k in ****** of the claimant. 

 

** RELIEF NO 9 

*** ******** claims N 20, 000,*** as punitive and ********* Damages for the unjust withholding of the ****** ******** benefits, gratuities, entitlement and for illegal and unlawful deductions **** the claimant’s salary account, There are parameters established by **** law for the award of punitive *** exemplary damages. ** the **** of KABO AIR LTD V. MOHAMMED (2014) ***** 23614 (CA), also said: "******** ******* which are **** referred to as exemplary damages *** intended to punish *** ***** blame worthy ******* and thereby ******* the ********** ** the same act in the future. They are awarded ******** the ******* of the defendant is sufficiently ********** ** ***** punishment as where, *** instance, it discloses malice, fraud, cruelty, ********* or flagrant ********* ** the law." ********* damages, otherwise ***** as punitive damages is usually awarded to meet the *** of punishment. A ***** for exemplary ******* **** not be expressly pleaded. It is ********** ** the ***** ******* ******** the ***** of ********* damages, *** it is ***** ** have ******** from the ********* acts of a party.

See *** & amp; Ors V. OKOJIE (2015) LPELR-24740 (SC). The question is ******* the act ** the ******** justify the award of this class of damages. I ** *** think so. It is the duty ** the defendant to protect the ********* of the account of its customers, however ******** accidents like *** fraudulent NIP transfer do happen **** when *** bank has done what it should do in other to ******* its customers. The only snack is that it sought ** make the claimant liable for *** loss without ************ the negligence of the claimant ** this regard ** the satisfaction of *** court. Also, the defendant failed to show connivance ** the claimant in the fraud ** to ******** if *** ******** benefited from *** fraud. It ** the ******* of this court **** ** *** of *** defendant *** ************ outrageous ** merit punishment. The facts ******* does not support the award ** exemplary damages. This claim cannot be awarded it ** accordingly dismissed.  

 

** RELIEF ** 10

Also *** claimant ****** *** sum ** N10.000.*** ** ******* for the psychological trauma and untold hardship suffered ** the claimant ** a result of the defendant’s unfair labour ******** and unnecessary withholding of *** claimant’s entitlement. ***** are a lot of decisions that support *** award of this damages. ** the **** of **** & ORS V. NBL PLC  (Pp. 26-27 paras. F)  "The ********** ******* the award of general damages *** littered ** a legion of ******** authorities of this Court *** that ** the ******* Court. In *** **** ** *** ********* V. Umah &Amp; Ors. [2018] ***** - 43600 (SC), *** ******* Court, *** OGUNBIYI, J.S.C held ** follows:

"It is pertinent ** re-iterate herein **** in the ***** ** General Damages, a wide-spread power is ***** to the Court comparable to the ******** ** discretion ** the Court. It is ******** and ********* far-reaching and ******** to *** contention held ** the appellant herein. *** ******* of ******* damages is ******* ** ******* such a loss, ***** flows ********* from the defendant's act. It needs *** be specifically pleaded. It ******** ** it is ********* averred. They *** ******** ** be the direct and probable *********** ** that complained of. ****** ******* damages, it is generally incapable of exact calculation."  Per Umar ,J.C.A   (Pp. 26-27 paras. F)

The ******** ** his evidence testified that ** was forced by hER superiors ** the defendant work place to ****** *** appointment. *** claimant in ******* C9 The Letter of Appeal ******* a ******* ******* of the consequences of her ****** resignation thus:

In *** of this, I will appeal **** you **** us second chance ** serve again. Staying at home these *** ****** has exposed our families ** challenging times, inability to feed, unable ** pay ****** fees of our ******** and ***** ********** bills. Our ***** has **** tough and rough these past few months. *** I plead **** *** consider *** appeal ***** ** compassion *** love for humanity.

With ***** words, *** can **** imagine what the claimant is going through ** reason ** *** defendant act ** coercing and ************ and ********** forcing the claimant to ****** from her employment. I have already **** that the resignation of the ******** was ***** voluntary. ** the light of *** ********* state of facts it is *** ******* of this court that the claimant is entitled to damages. I award *** sum ** N5,000,000. (**** ******* Naira) in favour of *** ******** against the defendant.

 

** RELIEF NO 11

The claimant ****** interest at the rate of 20% per ***** **** the above sum from 2022 until judgment. This ***** ** rather vague, the claimant did not state which sum the ******** is ** attach. *** claim of pre-******** interest ** *** ******* ** a matter of course. The  law ** this is stated in the case of  UBA *** V. SKYMIT MOTORS LTD   (Pp. 41-42 paras. B) 

"The law on award ** pre-******** interest *** long been well *********** ** ***** ** decision ** the Supreme ***** *** this ***** ** ******* in the law reports, so **** ** **** ** ** longer ****** *** ********** to decipher. In A.G ******* & Co Ltd v H.C (Nig) Ltd (2011) 13 NWLR (Pt.1265) 592 @ p, 608, the ******* Court *** Onnoghen, J.S.C (as he **** was, now C.J.N.) had lucidly ********** *** position ** the law on pre - judgment ******** inter alia thus:

"A claim for pre- judgment interest *** be made by a ********* ** a ***** ***** (a). ** is either expressly ******** *** in or is contemplated by the agreement between parties; (b). it is ******* under a mercantile custom;

(c ). ** is claimed under a ********* of equity such as breach ** fiduciary relationship. It follows **** the above that before a party can claim pre- judgment interest, ** has to plead not **** *** *********** ** the interest but the basis of the entitlement ****** by statute or contract between the parties or mercantile custom or principle ** ****** **** ** breach ** ********* relationship. It is for the Court ** separate ** conjecture or ****** *** facts relevant ** the claim."

S** also ETCO (MG.) LTD. V. G & T INVESTMENT LTD (2011) 3 NWLR (Pt. 1234) 302 @ p. 321; STABILINI VISIONI V. METALUM LTD (2008) 9 NWLR (Pt. 1092) 416 @ p.433; 

 

The claimant ****** for pre-******** ******** **** ** anchored on this requirement to discharge *** evidential burden . This is not the case in this action. The claim must therefore fail. ** therefore refused *** accordingly dismissed. 

 

CONCLUSION.

The reliefs of the claimant in **** action partially succeeds. Judgment is entered in favour of *** claimant ******* the defendant ** the ********* terms:

 

1. A declaration that the action and/or ******** of the defendant transferring liability ** the defendant’s company on *** claimant *** money approved and paid *** ** *** ordinary course of defendant’s business is illegal, wrongful, unlawful ****** labour ******** *** null and void.
2. The defendant ***** reverse all unlawful debit ******* in the claimant’s salary account  number  1006932946 (old  *******   ****** 09990080020115) with regards to the ******* terminal debt liability imposed on the claimant, The ********* is hereby ordered to reverse  *** sum of N4, 290, 027.00k to *** ******** ***** *** unlawful and illegal deduction **** *** claimant account

 

3. ** order that the running ******** unilaterally ******* ** *** Claimant’s account is wrongful, ******* null and void.
4. An order ********** the ********* ** refund a ***** sum of N4, 290, 027 (**** Million, Two ******* *** Ninety Thousand, Twenty – Seven ***** on|) being ***** unlawfully/wrongfully deducted from the claimant’s account.
5.  The claim of the *** ** N3,109 045.86. (***** Million, *** ******* and Nine Thousand, ***** Five Naira, ****** Six kobo) as  gratuity is refused and accordingly dismissed.
6.  The defendant is hereby ordered to *** *** claimant the *** of 

N 2, 150, 000.00 (Two Million, One Hundred *** Fifty Thousand Naira only) being the Claimant’s ******** benefit ** determined by *** defendant

7. A declaration is hereby made that the ********* ******** the banker customer relationship between her *** the claimant by disallowing the ******** ****** and use to her money through ******** deductions or withholding of the claimant’s money.
8. *** Defendant is ****** ordered ** pay/refund to the claimant *** sum ** N100,000.*** unlawfully applied to service the ******** loan ******* to *** claimant account.
9. *** ***** of N20,000,000.00 (Twenty Million Naira) ** punitive *** exemplary ******* for the ****** withholding of the unpaid ******** benefits, gratuities, entitlement *** for illegal and unlawful deductions from the claimant’s salary account is ******* and accordingly dismissed. 

10.The Defendant shall pay the sum ** N5,000,000 (Five Million  
       Naira) only ***** damages for the psychological ****** and untold 
       hardship suffered ** the claimant ** a ****** of the defendant’s act 
       ** ******* *** ******** resignation of *** claimant

11. *** ***** of pre-judgment ******** ** the rate ** 20% per annum 
       from 2022 until judgment is ***** and ******* liquidated is refused and 
       accordingly dismissed

 

12. The ********* ***** *** N2,000,*** as cost of this action. 

 

The sum awarded to ** paid directly to *** claimant in **** judgment other than *** sum to be reversed in *** account of the claimant ***** ** paid ****** 14 days **** *** **** of **** judgment failure of ***** it ***** attract ******** ** the rate of 20% **** *** **** ** ******** ***** full liquidation. 

 

Judgment ** ****** entered. 

 

___________________________________ 

Hon. Justice (Dr.) I. J. Essien

(********* Judge)

 

REPRESENTATION.

I. ******** Esq **** O. ******** Esq. and O. Olofinte Esq for the claimant. J. ******** Esq. *** defendant