IN THE NATIONAL INDUSTRIAL
COURT OF NIGERIA
IN
THE PORT HARCOURT JUDICIAL DIVISION
HOLDEN
AT PORT HARCOURT.
BEFORE
HIS LORDSHIP: HONOURABLE JUSTICE Z. M. BASHIR Ph.D.
Dated:
8th Day of September, 2026
SUIT
NO: NICN/PH/141/2022
BETWEEN:
MR.
LOT SAMUEL AKINTOYE------------------------------CLAIMANT
AND
UNITED
BANK FOR AFRICA PLC. ------------------------DEFENDANT
REPRESENTATION:
I. R. Ogbowu for the
Claimant.
Okey Wali, SAN, with
D. I. Onubu and E. Imegi for the Defendant.
JUDGEMENT
This suit was
commenced by a General Form of Complaint filed on 11th October,
2022, together with a Verifying Affidavit, Statement of Facts, List of
Witnesses, Witness Statements on Oath, List of Documents and copies of the
documents intended to be relied upon at trial.
By the Statement of
Facts, the Claimant seeks the following reliefs against the Defendant:
a.
A DECLARATION that the termination
of the Claimant’s employment by the Defendant on the 17th of
October, 2017 without a valid reason and without any prior notice of
termination of his employment nor salary in lieu of notice is wrongful,
irregular, unfair, fraudulent, unlawful and an unfair labour practice.
b.
A DECLARATION that the Defendant’s
acts of punishing the Claimant for the failure of the Defendant’s customer to
repay a loan/overdraft by suspending the Claimant indefinitely without the
Defendant subjecting the Claimant to any Disciplinary Committee trial in
violation of the terms of the said suspensions, withholding the Claimant’s salaries pending the full recovery of the
said loan/overdraft and compelling the Claimant to ensure that the said
customer repays the loan/overdraft as a condition for the payment of the
Claimant’s withheld salaries until the wrongful termination of the Claimant’s
employment on the 17th of October, 2017 by the reason of which
termination of employment the Defendant has refused to pay to the Claimant his
withheld salaries till date are wrongful, irregular, fraudulent, unlawful, an
unfair labour practice and a breach of the Claimant’s fundamental Rights to
fair hearing and dignity of his person.
c.
A DECLARATION that the Defendant’s
act of denying the Claimant till date of his salary for the 17 (Seventeen) days
for which he worked for the Defendant in the month of October, 2017 is
wrongful, irregular, fraudulent, unlawful and an unfair labour practice and a
breach of the Claimant’s fundamental Rights to dignity of his person.
d.
AN ORDER of this honourable court
directing the Defendant to immediately pay to the Claimant the sum of N 3, 592,906.20 (Three Million, Five Hundred and
Ninety-Two Thousand, Nine Hundred And Six Naira, Twenty Kobo) being the Claimant’s arrears of salary as at the
date and time of the termination of his employment.
e.
The sum of N50,000,000.00 (Fifty Million Naira) as General, Special and
Exemplary Damages in favour of the Claimant and against the Defendant for the
defendant’s reckless and fraudulent actions of wrongfully terminating the
Claimant’s employment, unfair labour practices and breach of the Claimant’s
fundamental rights to fair hearing and dignity of his person.
f.
The sum of N1,000,000.00 (One Million Naira) in favour of the Claimant and
against the Defendant being the cost of litigation of this suit.
g.
Post judgment interest on the
judgment sum in this suit at the rate of 21 % per annum from the date of the
Judgment until same is fully liquidated.
h.
AND ANY OTHER ORDER(S) as this
honourable court may deem fit to make in the circumstance of this suit.
The Defendant, in response
to the claims of the Claimant, filed its Statement of Defence on 7th July,
2023, together with a List of Witnesses, Witness Statement on Oath, List of
Documents and copies of the documents intended to be relied upon at trial.
The Claimant subsequently
filed a Reply to the Statement of Defence on 18th October, 2023.
Trial commenced on 2nd
December, 2024, with the Claimant opening his case by presenting one Babafemi
Akenroye as his sole witness. The witness testified as CW1 and adopted his
Witness Statements on Oath, marked as C1(a) and C1(b).
Through CW1, sixteen (16)
documents were tendered and admitted in evidence as Exhibits C2–C17. Exhibits
C2, C6, C7, C8, C16 and C17 were, however, admitted under protest.
Arising from the Statement
of Facts and the Witness Statements on Oath, the case of the Claimant is that
he was both a shareholder and an employee of the Defendant, having been
employed by the Defendant in September 2006 until his employment was terminated
on 17th October, 2017 on the ground of alleged gross misconduct.
The Claimant maintained
that, on two separate occasions, he was placed on suspension and initially paid
half salary, after which the payment of his salary was completely stopped. He
further contended that he was denied fair hearing in the disciplinary processes
leading to the sanctions imposed upon him.
According to the Claimant,
following a directive by the Defendant to review customers who qualified for
credit facilities, one Teslat Global Resources Ltd was granted a loan in the
sum of ?20,000,000.00.
The Claimant stated that when the company was suspected of diverting the loan,
he was placed on suspension with effect from 15th September, 2015, with half of
his salary withheld. He was allegedly directed to ensure the recovery of the
loan within three months, failing which the payment of his salary would cease.
He was also required to report to the office periodically to give progress
reports on the recovery of the facility.
The Claimant further stated
that from December 2015 to June 2016, no salary was paid to him. He added that
the repayment terms of the facility were subsequently renegotiated between the
Defendant and its customer, but when the customer again failed to repay in
accordance with the renegotiated terms, the Claimant was placed on another
suspension in October 2016.
The Claimant also asserted
that the Defendant instituted an action against its debtor and obtained
judgment in its favour for recovery of the outstanding indebtedness. He
contended, however, that the Defendant elected not to enforce the judgment on
the ground that a representative of the debtor had undertaken to make payment.
The Claimant further
narrated an incident involving a customer who intended to make a deposit but
whose National Identification Number was yet to be verified. According to him,
the customer left the sum of ?120,000.00
with him pending completion of the verification process. The incident
subsequently led to the issuance of a query against him and, eventually, the
termination of his employment on 17th October, 2017.
The Claimant maintained that
his employment was terminated without prior notice and without payment of
salary in lieu of notice.
He further averred that
sometime in May 2021, the Defendant caused his savings account maintained with
Guaranty Trust Bank, bearing Account No. 0264574755, to be frozen, and also
froze his current account maintained with the Defendant, bearing Account No.
1006105760.
Under cross-examination, CW1
testified that he is a legal practitioner who was called to the Nigerian Bar in
2008 and presently practices law in his own firm. He admitted that he had never
worked with the Defendant and, therefore, had no personal knowledge of the
internal operations of the Defendant except for information disclosed to him by
the Claimant in 2021. CW1 further admitted that the suit was instituted in 2022
and that he had written letters to the Defendant upon the instructions of the
Claimant, which letters were admitted in evidence. CW1 maintained that the
Claimant was suspended because the Defendant held him responsible for the
failure of a customer to repay a loan which was secured by collateral.
He further testified that
the Claimant’s employment was terminated following an incident involving an
illiterate customer who visited the Defendant to open an account. According to
CW1, the verification of the customer’s National Identification Number took
about ten days, during which period the customer left the sum of ?120,000.00 with the Claimant
pending completion of the verification.
CW1, however, admitted under
cross-examination that he was not present when the incident occurred.
Upon the discharge of CW1,
the Claimant closed his case. The Defendant thereafter opened its defence by presenting
one witness, Emmanuel Oluyori, who testified as DW1. He adopted his Witness
Statement on Oath, marked as D1.
Through DW1, thirteen (13)
documents were tendered and admitted in evidence as Exhibits D2–D14, with
Exhibits D2, D4, D5 and D14 admitted under protest.
Arising from the Statement
of Defence and the Witness Statement on Oath, the case of the Defendant is that
the Claimant was its employee from 20th September, 2006 until 17th October,
2017, when he was dismissed from its employment after a Disciplinary Committee,
before which the Claimant appeared, found him culpable of cash suppression
involving the sum of ?120,000.00.
The Defendant further
maintained that the Claimant was not diligent in the discharge of his duties
and had, in the course of his employment, been subjected to several
suspensions. According to the Defendant, by virtue of its Group HR Disciplinary
Process and Sanctions Policy, a member of staff placed on suspension is
entitled to 50% of his remuneration for the first three (3) months of the suspension,
while any suspension extending beyond three months attracts zero pay.
The Defendant also stated
that following the Claimant’s appeal against his dismissal, a Corporate Office
Disciplinary Committee was constituted and sat on 27th October, 2017, with the
Claimant in attendance. According to the Defendant, the Committee, upon
reconsideration of the matter, again found the Claimant culpable of cash
suppression. Consequently ,the defendant denied violating the Claimant’s right
to fair hearing.
With respect to the
restriction placed on the Claimant’s accounts, the Defendant maintained that it
is regulated by the Regulatory
Framework for Bank Verification Number (BVN) Operations and Watch-List for the
Nigerian Banking Industry, referenced
BPS/DIR/GEN/CIR/04/010 and dated 18th October, 2017. The Defendant stated that
the regulatory framework requires banks to render monthly reports on fraud and
forgery to the Central Bank of Nigeria and that, pursuant thereto, it reported
the Claimant’s case of cash suppression to the CBN for the purpose of placing
his BVN on the watch-list.
The Defendant accordingly
denied the entirety of the Claimant’s claims.
Under cross-examination, DW1
admitted that he knew one Mr. Eniola Alao as a colleague, but stated that he
was unaware whether the said Mr. Alao testified before the Disciplinary
Committee. He equally stated that he was not aware that any customer had
informed Mr. Alao that the Claimant did defraud him.
DW1 further testified that
Ado Lawal was not called as a witness before the Defendant’s internal
disciplinary panel because he was a customer and, according to him, it was
inconsistent with the Defendant’s internal process to invite customers to
testify as witnesses. He nevertheless stated that the investigative team
contacted the customer, who confirmed that he had given the Claimant the sum of
?120,000.00
which ought to have been deposited into a sundry account. DW1 admitted that the
loan granted to Ajasin University was cash-collateralized. He, however, stated
that he was unaware whether the Defendant had obtained judgment against any of
the companies to which it had granted a loan or whether any steps had been
taken to enforce such judgment. DW1 further admitted that the Claimant was placed
on 50% salary while on suspension following the failure of Teslat Global
Resources Ltd to repay its loan. He added that senior employees were permitted
to exercise discretion in the performance of their duties, but that such
discretion must be exercised within the confines of the Defendant’s policy.
DW1 maintained that the
allegation against the Claimant was one of fraud, specifically cash
suppression. He further stated that the composition and proceedings of a
Disciplinary Committee may vary from case to case and confirmed that the
Committee which considered the Claimant’s case had a Secretary. He was,
however, unaware whether the Claimant was ever charged before any court in
respect of the allegation.
Upon the discharge of DW1,
the Defendant closed its case and the matter was adjourned for adoption of
Final Written Addresses.
The Defendant thereafter
filed its Final Written Address on the 1st day of April, 2026.
Arising therefrom, learned counsel for the Defendant formulated three issues
for determination, namely:
1. WHETHER THE EVIDENCE OF
CW1, WHO LACKS PERSONAL KNOWLEDGE OF THE FACTS SURROUNDING THE ALLEGED WRONGFUL
DISMISSAL, IS HEARSAY AND THEREFORE INCAPABLE OF SUSTAINING THE CLAIMANT’S
CASE.
2. WHETHER HAVING REGARD TO
THE FACTS AND EVIDENCE BEFORE THIS HONOURABLE COURT, THE CLAIMANT’S DISMISSAL
WAS LAWFUL AND JUSTIFIED.
3. WHETHER FROM THE FACTS AND
EVIDENCE BEFORE THIS COURT, THE CLAIMANT HAS PROVED HIS CASE TO BE ENTITLED TO
THE RELIEFS SOUGHT.
In
arguing issue one, counsel cited Sections 37, 38 and 126 of the Evidence
Act 2011 to contend that oral evidence must, in all cases, be direct; and
where it is the opinion of any body, it must be the testimony of such person
who holds that opinion. Counsel cited the cases of IMPACT SOLUTIONS
LTD. V. INT’L BREWERIES PLC (2018) 16 NWLR (PT. 1645) 377, P. 400, PARA. D and
OMISORE V. AREGBESOLA (2015) 15 NWLR (PT. 1482) 205, P. 323, PARA. E while
referring to the answer of CW1 during cross examination to contend that
competency to testify is not a private arrangement. Counsel also posited that
the Claimant’s case of residing in USA does not come within the exceptions
provided is section 39 of the Evidence Act.
Counsel
submitted that the evidence of CW1 has fallen short of being admissible while
adding that the conduct of CW1 standing to testify despite being a legal
practitioner who has acted in such capacity to the Claimant and therefore
raises ethical issues. Counsel cited Rules 20 (1), (3) and (4) (a) of the Rules
of professional Conduct 2023.
In
arguing issue two, counsel foremost submitted that the dismissal of the
Claimant from the employment of the Defendant was both lawful and justified,
having been carried out in compliance with the applicable law, the terms of
employment of the Claimant and the principles of fair hearing.
Counsel
cited the case of DARAMOLA V. F.U.T., YOLA (2026) 4 NWLR (PT. 2033) 181, P.
204, PARA. F, P. 205 PARA. G on what is required to effect a
dismissal before positing that exhibit D3 reflects the antecedent to the
Claimant’s dismissal.
Counsel
argued that the conduct of the Claimant violated Section 15 of the Defendant’s
Group HR Disciplinary Process and Sanctions Policy which provides for
categories of offence, and attract the penalty of dismissal, of which the
Claimant’s offence also falls under the provision of Section 15.1.3 of the
Defendant’s Sanction Policy, which provides for ‘Unauthorized alteration of
instruments and vouchers; Suppression of vouchers, cash, cheques, and deposit.
Counsel
narrated that in establishing that the Defendant followed due process and
ensured that the Claimant was afforded a fair hearing, DW1 testified and
tendered Exhibit D7 (electronic mail correspondence dated 22nd,
2017, being a query sent to the Claimant, a reminder to answer the query, and
the Claimant’s response to the query). By the said Exhibit D7, which was
uncontroverted, the Defendant informed the Claimant of the allegation of Cash
Suppression against him and afforded the Claimant the opportunity to
respond.
Counsel
added that the Claimant was thereafter brought before the Regional Office
Disciplinary Committee of the Defendant for the alleged case of Cash
Suppression, and after findings were made, it was established that the Claimant
was guilty of cash suppression of the deposit made by a customer of the
Defendant for 10 days while the Disciplinary Committee recommended the
dismissal of the Claimant in line with Section 15 (15.1.3) and Section 17
(17.3.2) (ix) of the Defendant’s Group HR Disciplinary Process Sanctions Policy
“Exhibit D8”.
Counsel further
submitted that the recommendation of the Defendant’s Regional Disciplinary
Committee was approved by the Defendant’s Management and consequently, the
Claimant was dismissed and the terms of his dismissal is as
evidenced in Exhibit D10.
Counsel
added that the Claimant also exercised his right of appeal to the Defendant’s
Corporate Office Disciplinary Committee, which the Claimant attended on
the 27th October, 2017 and following which the Defendant’s
Corporate Office Disciplinary Committee approved the decision of the Regional
Disciplinary Committee and the decision was communicated to the Claimant as
evidenced by Exhibit D11 dated 1st November, 2017.
Counsel
argued that having dismissed the Claimant from employment, he is not entitled
to notice nor salary in lieu of notice and cited the cases of U.B.N. PLC
V. SOARES (2012) 11 NWLR (PT. 1312) 550; EKUNOLA V. C.B.N. (2013) 15 NWLR (PT.
1377) 224 P.269, PARAS. B.
Counsel
also argued that Article 7 of the International Labour Organization (ILO)
Convention No 158 (1982) which Claimant intends to rely on is inapplicable
having given the Claimant sufficient opportunity and fair hearing. Counsel
added that it is an established principle of employment law that the
prosecution of an employee before the law court is not a sine qua nonto
the exercise of the power of dismissal of an employee for gross misconduct and
cited the cases of MUSA V. FED. MIN., TOURISM, CULTURE, NAT. ORIENTATION (2013)
10 NWLR (PT. 1363) 556 P. 584, PARA. E-F.; A. G., KWARA STATE V. OJULARI (2007)
1 NWLR (PT. 1016) 551.
In
arguing issue three, counsel posited that the position of the law is that the
standard of proof in civil matters is on the preponderance of evidence, which
is sometimes used as a balance of probability. Counsel cited the case of MAGAJI
V. A.P.C. (2024) 1 NWLR (PT. 1918) 1, P. 39, PARAS. B-C.
Counsel
submitted that the entirety of the Claimant’s reliefs, particularly the claims
for declaration, damages, and cost of action are fundamentally anchored on the
allegation that his dismissal by the Defendant was wrongful and unfair. Counsel
posited thereon that the Claimant having sought for declaratory relief, the
burden is on him to discharge.
Counsel
argued that in the instant case, the Claimant has failed to discharge this
burden, having not established any breach of the contract of employment or any
wrongful act on the part of the Defendant pursuant to any of the terms of his
employment. Counsel added that the Claimant ought to have pleaded the
terms of his employment and thereafter show the Honourable Court how
his dismissal was a breach of any of the terms of his employment. Counsel
cited the case of OVIVIE V. DELTA STEEL CO. LTD. (2023) 14 NWLR (PT. 1904) 203,
PP. 227, PARA. H.
Counsel
reiterated the foregoing argument before adding that the Claimant’s suspensions
were in line with Section 13.4 of the Defendant’s Group HR Disciplinary
and sanction policy (Exhibit 8) and that the Claimant failed to adduce evidence
in support of the narration that his salary for 17 days in October was not
paid.
With
regards to claim for N50, 000, 000. 00 as general damages, counsel contended
that the measure of damages, where wrongful termination is established, is
strictly limited to what the employee would have earned during the period
of notice, however, where the dismissal is justified on grounds of gross
misconduct, no damages are payable.
With
regards to the Claimant’s claim for the payment of N 3,592, 906. 20 (Three
Million, Five Hundred and Ninety-Two Thousand, Nine Hundred and Sixty Naira,
Twenty Kobo), being arrears of salary at the date and time of his dismissal of
his appointment, counsel contended that the Defendant paid the Claimant
his due salary during the period of suspension in line with the terms of the
Defendant’s Group HR Disciplinary Process Sanctions Policy “Exhibit D8”, and
the payment pursuant to Exhibit D8 is reflected in the Claimant’s
Statement of account “Exhibits D14A, D14 B and D14C”.
With
regards to claim for cost, counsel argued that the cost of litigation as sought
by the Claimant, assuming but not conceding that he is entitled to it, ought to
have been itemized in details and supported by proof to
enable a just assessment.
Counsel
added that the Claimant’s dismissal arose directly from his act of cash
suppression, a serious breach of trust and gross misconduct clearly established
by the terms of the contract between the Claimant and the Defendant, and to
grant any of the reliefs sought would amount to rewarding misconduct and
undermining discipline within the banking sector.
Counsel
concluded by urging this Court to dismiss all the claims of the Claimant,
having failed to prove them and award cost in favour of the
Defendant.
Upon the
foregoing Claimant filed his address on the 11th of June, 2026
and arising therefrom, counsel to the Claimant, I.R. Ogbowu Esq.
formulated four issues for determination as follows ;
1. Whether from the totality
of the pleadings and evidence before this honourable court and by
the International
Best Practices and Standards, the dismissal of the Claimant from the
Defendant’s employment on the 17th day
of October, 2017, automatically extinguishes the Claimant’s right to
demand and receive salaries which were earned and due but were withheld by the
Defendant before the dismissal as well as all existing debts owed the Claimant
by the Defendant?
2. Whether from the totality
of the pleadings and evidence before this honourable court and by
the International
Best Practices and Standards, the Claimant has established his claims that
the Defendant subjected him to the Defendant’s
unfair labour practices during the period of his employment?
3. Whether from the totality
of the pleadings and evidence before this honourable court and by
the International
Best Practices and Standards, the dismissal of the Claimant from
the Defendant’s employment on the 17th day of
October, 2017 is wrongful and without an objectively valid reason?
4. Whether from the totality
of the pleadings and evidence before this honourable court and by
the International
Best Practices and Standards, the Claimant is entitled to
the favourable judgment of this honourable court as per the
Claimant’s Claim in this suit?
(2008) 11 N.L.L.R (PT. 29) 164 to contend that it is
trite that unfair labour practice is any workplace act,
omission or employment condition that violates labour laws,
disregards human rights or deviates from international best practices and
equity.
Counsel
also argued that by Section 5 (1) and (7) of the Labour Act LFN
2004 no employer shall make any deductions from the Salary of an employee
unless with the written consent of a labourofficer, and, any
deduction so made in a month shall not exceed one third of the salary of the
employee for the said month.
Counsel contended
that Recovery Suspension has been held to be an unfair labour practice in the
banking industry in Nigeria, citing the case of OKEKE IFEANYI CHUKWUNONSO VS.
ECOBANK LTD (unreported) Suit No: NICN/EN/17/2019, Judgment of the
National Industrial Court of Nigeria delivered on Thursday 18th day
of November, 2021 per Hon. Justice O. O. AROWOSEGBE.
Counsel submitted
that the Claimant was subjected to various acts of unfair labour practice
including compelling him to sign court processes and placing him on Recovery
Suspension while adding that the Defendant violated the provision of
Section 13.2.1 (xi) and (xiii) (a) and (b) of Exhibit D8 (Defendant’s Group HR
Disciplinary Process & Sanctions Policy).
In
arguing issue two, counsel submitted that the law is trite that the
dismissal of an employee does not extinguish his right to demand and recover
any debt owed him by the employer or any arrears of salaries which had accrued
and were due for payment but were wrongfully withheld by the Employer before
the said dismissal. The employer is only entitled to a set-off therefrom if the
employee is also indebted to the employer. Counsel cited the case of UDEGBUNAM
VS. FCDA (2003) 10 NWLR (Pt. 829) 487 SC.
Counsel
added that by Exhibit C11, it is beyond doubt that, the Claimant repeated
his demand for payment of the said arrears of salary but the
Defendant refused to do so citing her policy.
In
arguing issue three, counsel humbly submitted that the era of an employer
having the liberty to dismiss an employee for whatever reason or no
reason is over in Nigeria. Rather, the dismissal or termination of the
employment of an employee by an employee will only be justified and not
wrongful if the employer provides an objectively valid reason for same failing
which the dismissal will be held to be wrongful. Counsel cited the case of NATURAL
GAS SENIOR STAFF ASSOCIATION (PENGASSAN) vs. SCHLUMBERGER ANADRILL
NIGERIA LIMITED (supra), Article 4 of the
International Labour Organisation (ILO) Convention No 158
(1982); EBERE ONYEKACHI ALOYSIUS VS. DIAMOND BANK OF NIGERIA (2015) 58
N.L.L.R (Pt. 199) 92 and DURU vs. SKYE BANK PLC (2015) 59 N.L.L.R (PT. 207)
680.
Counsel
also argued that the law is trite that once the employer gives a reason
for the dismissal, burden of proof of the objectivity and validity of the
reason lies not on the employee but on the employer. Counsel referred to
several paragraphs of the statement of fact and defence and witness
statements before submitting that the Dismissal of the Claimant from employment
by the Defendant on the 17th day of October, 2017 is wrongful
and without an objectively valid reason.
In
arguing issue four, counsel contended that the CW1 on 14th day
of July, 2023 became a former counsel before the instant counsel
to the Claimant and that the said CW1 had to be called as witness for the
Claimant when the Defendant contended against the Claimant’s application for
virtual hearing.
Counsel
added that the provisions of Section 20 of the Rules of Professional
Conduct 2023 cited by the Defendant’s counsel in his address only requires that
the said Babafemi Akenroye Esq. should first withdraw from being
a Counsel in this suit before he testifies which in the instant case he had
already done before he was called as a witness even before the leave of court
was sought for him to be called as a witness.
Counsel also
argued that the composition of the Defendant’s Regional Office
Disciplinary Committee Membership was contrary to Section 19 of Exhibit
D8 and therefore invalid. Counsel concluded by submitting that the
Claimant has proved his entitlement to the favourable judgment of
this honourable court as per his claims in this suit and urged the
court to so hold.
By way
of Reply on Point of Law filed on the 22nd of June, 2026,
Counsel to the Defendant contended with regards to the allegation of
unfair labour practice to content that the measures taken by the
Defendant were taken in accordance with the terms governing the Claimant’s
employment. Counsel added that section 5,7 and 9 of the Labour Act
that was relied upon bears no relevance to discipline of an employee while
section 9(5) is inapplicable because the Claimant was not dismissed based on
indebtedness of a customer but based on cash suppression. Counsel added
that the lapses in the administrative process of recovery process and has no
bearing on the subsequent finding of cash suppression which culminated in the
Claimant’s dismissal. Counsel also argued that the Claimant has been paid
his due salaries and it is speculative to contend that the
Defendant’s policy is an unfair labour practice. Counsel argued
that it is firmly settled that an employer is entitled to dismiss an employee
for gross misconduct. Counsel reargued the position of CW1 in relation to
testimony provided before the court while adding that the Claimant has not been
prejudiced by the Claimant’s defence as all that is
required is for him to be accorded fair hearing. Counsel urged the court
to dismiss the Claimant’s suit for lacking in merit.
In view of the foregoing, I
have carefully considered all the processes filed by the parties in this suit.
I have equally reviewed the testimonies of the witnesses called by both
parties, observed their demeanour, and evaluated the documentary evidence tendered
and admitted at trial. I have also considered the submissions of learned
counsel to the respective parties in their Final Written Addresses and the
Reply on Points of Law.
Arising from the totality of
the facts, evidence and submissions placed before this Court, the sole issue
which calls for determination is namely;
“Whether,
having regard to the facts and evidence before this Court, the Claimant has
proved his case so as to be entitled to the reliefs sought.”
Before proceeding to
determine the substantive issue, I consider it necessary to first resolve the
objections relating to the exhibits which were admitted under protest. These
are Exhibits C2, C6, C7, C8, C16 and C17 on the one hand, and Exhibits D2, D4,
D5 and D14 on the other.
With respect to Exhibit C2,
learned counsel to the Defendant contended that the document is a photocopy, it
is unsigned and was tendered without compliance with section 90(e) of the
Evidence Act, 2011, on the ground that it constitutes an entry in a banker’s
book.
Learned counsel to the
Claimant argued to the contrary that Exhibit C2 is not a document relating to
banking business, nor did it emanate from the Defendant or any other bank.
Counsel submitted that the document is a Purchase Contract Note evidencing
transactions between the Claimant and his stockbroker, and that CW1 laid the
requisite foundation for the tendering of the photocopy. Counsel further
submitted that the absence of a signature does not, in the circumstances, render
the document inadmissible.
In relation to Exhibits C6,
C7 and C8, learned counsel to the Defendant argued that CW1 was neither the
maker of the documents nor the person to whom they were addressed. Counsel
further contended that the documents were unsigned and that their tendering
through CW1 did not satisfy the requirements of section 83 of the Evidence Act.
In response, learned counsel
to the Claimant submitted that the documents were specifically pleaded and are
relevant to the issues submitted for determination. Counsel accordingly urged
the Court to discountenance the objections raised by the Defendant.
No argument was advanced by
learned counsel to the Defendant in support of the objections earlier raised
against Exhibits C16 and C17. The objections to those exhibits are therefore
deemed abandoned and I so hold.
Similarly, although Exhibits
D2, D4, D5 and D14 were admitted under protest at the instance of the Claimant,
learned counsel to the Claimant advanced no argument against their admissibility
in the Claimant’s Final Written Address. The objections to the said exhibits
are consequently deemed abandoned.
It follows that the only
subsisting objections requiring determination are those relating to Exhibits
C2, C6, C7 and C8.
I have examined the said
exhibits. Exhibit C2 is a photocopy of a Purchase Contract Note issued by
United Capital Securities and bears no signature in the spaces provided for the
persons who prepared and checked the document. Exhibit C6 is a copy of a letter
relating to the Claimant’s credit recovery suspension, while Exhibits C7 and C8
are copies of email correspondence.
Upon due consideration, I
find that the documents were pleaded and are relevant to the determination of
the matters in controversy between the parties. This is particularly so with
respect to Exhibits C6, C7 and C8, which bear directly on the circumstances
surrounding the Claimant’s suspension and the disciplinary process culminating
in the cessation of his employment.
Although Exhibits C6, C7 and
C8 were not addressed to CW1, this Court cannot overlook the explanation placed
before it concerning the unavailability of the Claimant, to whom some of the
documents were addressed or by whom some of the communications were made.
In the circumstances, I consider
this an appropriate case to invoke the provision of section 12(2)(b) of the
National Industrial Court Act, 2006, which empowers this Court, where the
interest of justice so requires, to depart from the strict application of the
rules of evidence.
Accordingly, having found
Exhibits C2, C6, C7 and C8 relevant to the issues for determination in this
suit, I find no sufficient basis to expunge them from the records. Accordingly,
The objections raised by learned counsel to the Defendant are therefore overruled,
and the said exhibits shall remain part of the evidence to be considered by
this Court, subject, of course, to the appropriate weight to be attached to
each of them.
Having resolved the
foregoing objections, I consider it equally necessary to address the status of
CW1 and the evidential value of his testimony.
Learned counsel to the
Defendant contended that the testimony of CW1 is hearsay and indirect, having
been given pursuant to a letter of authority from the Claimant. Counsel argued
that neither the Evidence Act nor the Rules of this Court permit a litigant,
particularly a natural person, to delegate the giving of evidence concerning
facts personal to him to another person.
Counsel further submitted
that CW1 is a legal practitioner who had acted professionally for the Claimant
in relation to this matter and was therefore precluded from testifying as a
witness in the same proceedings.
In response, learned counsel
to the Claimant submitted that although Babafemi Akenroye, Esq., CW1, was the counsel
who commenced this action on behalf of the Claimant, the Claimant subsequently
changed counsel and retained Ikechukwu Richard Ogbowu, Esq., who had acted as
his solicitor since 18th June, 2021.
Counsel further submitted
that CW1 testified with the express consent and authority of the Claimant, as
evidenced by Exhibit C13, and that his credibility was neither successfully
impugned nor his character impeached under cross-examination.
Counsel also contended that
the Defendant ought not to complain about the Claimant’s physical absence at
trial, having opposed the application earlier made by the Claimant seeking
leave to testify virtually.
I have carefully considered
the respective submissions.
The record of this Court
shows that Babafemi Akenroye, Esq., filed a Notice of Withdrawal of Counsel on
12th July, 2023. His Witness Statements on Oath were subsequently filed on 18th
October, 2023 and 27th November, 2024, respectively, and he eventually
testified as CW1 on 2nd December, 2024.
The foregoing chronology
makes it clear that, at the time CW1 entered the witness box, he was no longer
appearing as counsel in the proceedings. He was therefore not simultaneously
acting as counsel to the Claimant and testifying as a witness in the same
proceedings.
In that circumstance, the
reliance placed by learned counsel to the Defendant on Rule 20 of the Rules of
Professional Conduct does not avail the Defendant.
I must, however, distinguish
the competence of CW1 as
a witness from the probative value of the evidence given by him.
The mere fact that CW1 is
competent to testify does not necessarily render every factual assertion made
by him evidence of equal probative value. Where his testimony relates to
matters which he personally saw, heard or otherwise perceived, such evidence
will be evaluated on its merits. Conversely, where his testimony consists of
facts narrated to him by the Claimant or other persons and of which he has no
personal knowledge, the Court must determine the evidential value, if any, to
be attached to such testimony in accordance with the applicable rules of
evidence.
Indeed, CW1 admitted under
cross-examination that he had never worked with the Defendant and that his
knowledge of several material events arose from information supplied to him by
the Claimant.
Consequently, while I find
that CW1 is a competent witness and was not disqualified from testifying merely
by reason of his previous professional involvement with the Claimant, the
weight to be attached to the various aspects of his evidence must necessarily
depend upon whether the facts testified to were within his personal knowledge
or were derived from information supplied to him by others.
The objection to the
competence of CW1 is therefore without merit and is accordingly discountenanced.
The probative value of his testimony shall, where necessary, be considered in
the course of the substantive evaluation of the evidence before the Court.
I now turn to the sole issue
formulated for determination, namely, whether, having regard to the facts and
evidence before this Court, the Claimant has proved his case so as to be
entitled to the reliefs sought.
At the outset, it is
apparent from the reliefs sought by the Claimant that his case rests
principally on two complaints. The first relates to the termination or
dismissal of his employment by the Defendant, while the second concerns the
withholding of his salaries for various periods during which he was placed on
suspension on account of the failure of certain customers of the Defendant to
repay credit facilities granted to them.
It is upon these two
principal complaints that the Claimant predicates the three declaratory reliefs
sought, which in turn constitute the foundation for the ancillary monetary and
consequential reliefs.
I consider it necessary to
state that, the Claimant having sought declaratory reliefs, bears the burden of
establishing his entitlement thereto by credible and cogent evidence. The law
is settled that declaratory reliefs are granted on the strength of the
claimant’s own case and not on the weakness of the defence.
In DIAMOND
BANK PLC v. YAHAYA & ANOR (2011) LPELR-4036(CA),
the Court held thus:
“The law is settled that the
courts do not grant declaratory relief based on the admission of the defendant.
The plaintiff must satisfy the court by cogent, credible and convincing
evidence called by him that he is entitled to the declaratory relief. So where
the plaintiff on his own evidence fails to prove his claim for declaration, his
claim must fail. See Ayanru V. Mandilas Ltd, (2007) 10 NWLR (Pt. 1043) 462;
Ndayako V. Dantoro (2004) 13 NWLR (Pt. 889) 187.” Per
ONYEMENAM, J.C.A. (P. 27, paras. B-D).
Similarly, in MATANMI & ORS v. DADA & ANOR (2013) LPELR-19929(SC), the Supreme Court held:
“I agree with the learned
counsel that the plaintiffs must establish their claim on the strength of their
case. They cannot place any reliance on the weakness of the defence; if any.
The burden of proof on the plaintiffs in establishing their declaratory relief
to the satisfaction of the court is quite heavy in the sense that such a
declaratory relief is not granted even on admission by the defendant where the
plaintiffs fail to establish their entitlement to the declaration sought by
their own evidence. See: Nwokidu v. Okaru (2010) 3 NWLR (Pt. 1181) 362, Dantata
v. Mohammed (2002) 7 NWLR (Pt. 664) 176; Ekundayo v. Beruwa (1965) 2 NWLR 211
and Dumiez Nig. Ltd. v. Nwakhoba (2008) 18 NWLR (Pt.1119) 361 at 373.” Per FABIYI, J.S.C.
Having stated the foregoing
principle, I shall first consider the Claimant’s complaint concerning the
termination of his employment on 17th October, 2017.
Relief one seeks for,
“A DECLARATION that the termination of the Claimant’s
employment by the Defendant on the 17th of October, 2017 without a
valid reason and without any prior notice of termination of his employment nor
salary in lieu of notice is wrongful, irregular, unfair, fraudulent, unlawful
and an unfair labour practice”.
By the first declaratory
relief, the Claimant contends that the termination of his employment was
effected without a valid reason, without prior notice and without payment of
salary in lieu of notice, thereby rendering the termination wrongful,
irregular, unfair, fraudulent, unlawful and an unfair labour practice.
The law is equally settled
as to what an employee who alleges wrongful termination of employment must
establish. In U.T.C. NIGERIA LTD v. PETERS (2009)
LPELR-8426(CA), the Court held:
“It is a fundamental and
well settled principle, that the terms and conditions of employment is the
bedrock on which any claim predicated thereupon ought to squarely rest. Thus,
where an employee as in the instant case, complains of a wrongful termination
of his employment, he has the onus- (i) To place before the trial court the
terms of the contract of employment; (ii) To prove the manner in which the said
terms were breached by the employer thereof. See GARUBA V. KIC LTD (2005) …;
JOMBO V. PEFM (2005) 14 NWLR (Part 945) 443; AKINFE V. UBA PLC (2007) 10 NWLR
(Part 1041) 185…”
Per SAULAWA, J.C.A.
In similar vein, the Court
of Appeal held in SIMEON v. COLLEGE OF EDUCATION, EKIADOLOR
BENIN (2014) LPELR-23320(CA) that:
“Under the common law, an
employer is entitled to bring the appointment of his employee to an end for any
reason or no reason at all. As long as he acts within the terms of his
employment, the terms of his employment or motive for doing so is irrelevant. A
servant as in this case, who complains that his employment has been wrongfully
terminated must found his claim on the contract of service and show what manner
the wrong was done. It therefore is not the duty of the employer as defendant
to prove that the termination was not wrongful.
See: IDONIBOYE-OBU V. NNPC
(2003) 2 NWLR (PT. 805) 589.”
Per EKPE, J.C.A.
The foregoing authorities
make it clear that the starting point in an allegation of wrongful termination
is the contract governing the employment relationship. The Claimant must not
only place the relevant terms before the Court, but must also demonstrate the
specific manner in which the Defendant acted in breach of those terms.
Against that background, I
shall now consider the factual circumstances which culminated in the cessation
of the Claimant’s employment.
Arising from the Statement
of Facts and the evidence presented on behalf of the Claimant, the events
leading to the termination of the Claimant’s employment arose after he had been
recalled from a series of suspensions and resumed his duties with the
Defendant.
The Claimant’s account is
that an uneducated customer was referred to him for the purpose of opening an
account with the sum of ?120,000.00.
According to the Claimant, the customer informed him that, being a petty
trader, he might need to withdraw part of the money within the same week.
The Claimant stated that he
informed the customer that his National Identification Number or other means of
identification would first require verification, which process could take seven
days or more. He further stated that, under the Defendant’s policy, funds
received from a customer whose identification had not yet been verified ought
to be lodged into a sundry deposit account pending completion of the
verification process.
The Claimant’s case,
however, is that the customer pleaded with him to keep the money personally so
that he could have easy access to part of it whenever the need arose. The
Claimant consequently acceded to the request and retained the sum of ?120,000.00 in his drawer
rather than paying it into the prescribed sundry account.
In summary, the Claimant was
issued a query in respect of the incident and was subsequently invited to
appear before a Regional Disciplinary Committee. The Claimant contended that
the customer involved in the transaction was neither invited to appear before
the Committee nor was the Claimant permitted to call him as a witness.
Notwithstanding this, the Committee found the Claimant guilty of gross
misconduct, following which he was dismissed from the Defendant’s employment.
The Claimant further averred
that although he had worked for seventeen (17) days in the month in which his
employment was brought to an end, he was not paid salary for those seventeen
days. He also complained that the Defendant deducted the sum of ?32,651.39 from his account
as unearned leave allowance.
The Claimant thereafter
appealed against the decision of the Regional Disciplinary Committee to the
Head Office Disciplinary Committee, but maintained that the appeal did not
yield a favourable outcome. See paragraphs 28–42 of the Claimant’s Statement of
Facts.
The Defendant, on its part,
admitted that the Claimant was dismissed from its employment after its
Disciplinary Committee found him culpable of cash suppression involving the sum
of ?120,000.00.
The Defendant substantially
confirmed the circumstances surrounding the transaction involving the
prospective customer who sought to open an account and had completed the
requisite account-opening documentation. The Defendant’s position, however, is
that rather than lodge the sum of ?120,000.00 into the appropriate sundry
deposit account pending completion of the account-opening process, the Claimant
retained the money in his custody and thereby suppressed the cash.
According to the Defendant,
it was on account of this conduct that the Claimant was issued a query,
investigated and subsequently invited before the Disciplinary Committee to
answer an allegation of cash suppression, an offence said to be punishable
under section 15, particularly subsection 15.1.3, of the Defendant’s Group HR
Disciplinary Process and Sanctions Policy.
Against the foregoing
factual background, I have carefully examined the documentary evidence placed
before this Court in relation to the cessation of the Claimant’s employment.
Of particular significance
is Exhibit C3, being the letter by which the Defendant brought the Claimant’s
employment to an end. A perusal of Exhibit C3 reveals that the Defendant did
not purport to terminate the Claimant’s employment simpliciter. Rather, the letter
expressly communicated the dismissal of the Claimant from the Defendant’s employment.
This distinction is
material. Although termination and dismissal both have the effect of bringing
an employment relationship to an end, they are not invariably attended by the
same incidents. Ordinarily, a termination in accordance with the contract of
employment requires the giving of the stipulated notice or payment of salary in
lieu thereof. A summary dismissal for misconduct, on the other hand, is
generally effected without notice, provided that the employer has acted in
accordance with the applicable contractual procedure and the requirements of
fair hearing.
In OLANIYAN
v. UNIVERSITY OF LAGOS (1985) NWLR (Pt. 9) 599, the
Supreme Court explained the nature and effect of dismissal in the following
terms:
“In law however dismissal
means such act or acts on the part of the master as amount to a repudiation by
him of the essential obligations imposed on the servant by the contract. Thus a
man may dismiss his servant if he refuses by word or conduct to allow the
servant to fulfil his contract of employment: see Re Rubel Bronze etc, and Vos
(1918) 1 K.B. 315. Loss of benefit is not at the root of dismissal but
repudiation of the servant’s obligations under the contract is. Once there is
that repudiation by the master then there is a dismissal or termination or
removal - it does not matter which expression is used, the effect is the same.”
Per OPUTA, J.S.C. (P. 49, paras. B-E).
It follows from the
foregoing that the substance of the Defendant’s action, rather than the
nomenclature employed by the Claimant in framing his relief, is what this Court
must examine.
In the present case, the
Claimant was not merely relieved of his employment by ordinary termination. He
was summarily dismissed on an allegation of gross misconduct, namely cash
suppression. Consequently, the gravamen of the Claimant’s complaint cannot
properly rest merely on the absence of notice of termination or payment of
salary in lieu thereof. The more fundamental questions are whether the
allegation which formed the basis of the dismissal was brought to his
attention, whether he was afforded a fair opportunity to answer the allegation,
and whether the procedure prescribed by the Defendant for dealing with such
misconduct was substantially complied with.
Where those requirements are
shown to have been satisfied, the Claimant cannot successfully impeach the
dismissal solely on the ground that he was not given notice or paid salary in
lieu of notice.
This is particularly so
because certain settled principles govern the dismissal of an employee for
misconduct, especially in an employment which, as in the instant case, is not
clothed with statutory flavour.
In FUT,
YOLA v. MAIWUYA & ORS (2010) LPELR-9001(CA), the
Court of Appeal held as follows:
“In the dismissal or
termination of the appointment of an employee on grounds of misconduct, all
that the employer needs to establish to justify his action is to show that the
allegation was disclosed to the employee; that he was given a fair hearing, that
is to say, that the Rules of natural justice were not breached and that the
disciplinary panel followed the laid down procedure, if any, or that the
employee accepted that he committed the act after investigation. University of
Calabar Vs. Essien (1996) 10 NWLR Pt 477 Pg 225, Olatunboson Vs. NISER Council
(1988) 3 NWLR Pt 80 Pg 25, Yusuf Vs U.B.N (1996) 36 NWLR Pt 457 Pg 632.”
Per NDUKWE-ANYANWU, J.C.A. (P. 18, paras. D-G).
In the same vein, the Court
of Appeal in UBA PLC v. ORANUBA (2013) LPELR-20692(CA) held thus:
“It is settled law that in
an action for wrongful dismissal from employment, the burden is always on the
Claimant to prove the terms and conditions of his contract of employment and in
what manner the said terms were breached by the employer. Angel Spinning &
Dyeing Ltd v Ajah (2000) 13 NWLR (Pt.685) 532. Further, in a contract of
employment between a master and a servant without statutory flavour, once the
master complies with the terms of the agreement, he may relieve the servant of
his job with or without reason. But where the master gives a reason, the burden
rests on him to establish that reason. Olatunbosun v. Nigerian Institute of
Social & Economic Research Council (1988) 3 NWLR (Pt 80) 25. The master
must in addition give the servant a fair hearing as enshrined in the
Constitution of the Federal Republic of Nigeria.”
Per IYIZOBA, J.C.A. (P. 20, paras. A-B).
The implication of the foregoing authority is that the central
enquiry before this Court, in relation to the Claimant’s dismissal, is whether
the Defendant afforded him fair hearing and complied with the disciplinary
procedure governing the employment relationship before arriving at the decision
to dismiss him.
It is to that enquiry that I now turn.
Having regard to the
foregoing authorities and the evidence before this Court, I find considerable
difficulty in accepting the Claimant’s contention that his dismissal from the
Defendant’s employment on 17th October, 2017 was wrongful, irregular, unfair, fraudulent,
unlawful or amounted to an unfair labour practice.
This is because, by the
Claimant’s own pleadings, particularly paragraphs 28–42 of the Statement of
Facts, he acknowledged that the allegation of cash suppression was brought to
his attention, first orally and subsequently by a formal query. He equally
admitted that he was invited to appear before a Disciplinary Committee in
relation to the allegation and that he appeared before the Committee before a
finding of culpability was made against him.
The principal complaint of
the Claimant in relation to the disciplinary process is that the customer
involved in the transaction was neither invited by the Defendant to testify nor
was the Claimant permitted to call the customer as a witness. The Claimant also
maintained that his retention of the customer’s money in his drawer ought not
to have been regarded as an infraction because the customer did not complain
and, according to him, he acted for the convenience of the customer.
This contention cannot avail
the Claimant.
By his own account, the
Claimant admitted that the Defendant’s prescribed procedure required money
received from a customer whose account-opening process had not been completed
to be lodged into a sundry deposit account. Notwithstanding his knowledge of
that procedure, the Claimant elected to retain the sum of ?120,000.00 in his personal
custody.
The explanation offered by
the Claimant as to why he departed from the prescribed procedure does not alter
the fact that the conduct complained of was inconsistent with the Defendant’s laid
down internal policy. Whether the Claimant believed that he was acting in the
customer’s interest or whether the customer himself lodged no complaint is not
determinative of whether the Claimant breached the Defendant’s internal rules.
The employment relationship
was between the Claimant and the Defendant. It was therefore the Defendant, and
not the customer, that was entitled to prescribe the standards of conduct
governing the manner in which its employees handled customers’ funds.
I must also observe that an
internal disciplinary proceeding is not a criminal trial and is not required to
assume all the procedural characteristics of proceedings before a court of law.
What the law requires, fundamentally, is that the employee be informed of the
allegation against him and be afforded a reasonable opportunity to respond
before an adverse decision is taken.
In the instant case, the
Claimant admitted that he was issued a query, was informed of the allegation
against him, appeared before the Disciplinary Committee and made
representations in his defence.
Having been afforded an
opportunity to state his case and having in fact done so, the Claimant cannot
successfully contend that he was denied fair hearing merely because the
disciplinary process did not adopt the procedure he preferred or because its
eventual outcome was adverse to him.
Fair hearing does not import
a guarantee of a favourable decision. What it guarantees is a fair opportunity
to be heard before a decision affecting the person is reached.
I have equally considered
the argument advanced by learned counsel to the Claimant in the Final Written
Address concerning the composition of the Disciplinary Committee. In my view,
that contention does not arise from the Claimant’s pleaded case.
The Claimant did not plead
any defect in the composition of the Committee as one of the factual grounds
upon which his right to fair hearing was allegedly breached. It is settled law
that the address of counsel, however forceful or ingenious, cannot take the
place of pleadings or evidence. A party cannot therefore introduce through a
Final Written Address a factual complaint which was neither pleaded nor
established by evidence at trial.
I have also taken cognizance
of the submissions of learned counsel to the Claimant founded on international
labour standards and conventions relating to the requirement for a valid or
objective reason for termination of employment, as well as the requirement for
notice or payment in lieu of notice. These submissions appear to form part of
the basis upon which the Claimant urges this Court to hold that the cessation
of his employment amounted to an unfair labour practice.
The difficulty with that
contention, however, is that the Claimant was not subjected to an ordinary
termination of employment without cause. Exhibit C3 expressly communicates a
dismissal arising from an allegation of misconduct.
On the evidence before this
Court, the Claimant was informed of the misconduct alleged against him,
responded to the query issued in respect thereof and appeared before the
disciplinary body constituted by the Defendant. In the circumstances, I am
satisfied that the Claimant was duly informed of the reason for the action
taken against him.
Being a dismissal for
misconduct, the question of prior notice or salary in lieu of notice does not
arise in the same manner as it would in an ordinary termination of employment.
For completeness, Exhibit D7
constitutes documentary evidence of the Claimant’s response to the query issued
to him in respect of the allegation. Exhibit D8, being the Defendant’s Group HR
Disciplinary Process and Sanctions Policy, also categorizes the suppression of
cash, cheques and deposits as an offence attracting the sanction of dismissal.
When Exhibit D7 is
considered alongside Exhibit D8 and the Claimant’s own admission that the ?120,000.00 was retained in
his drawer rather than lodged into the appropriate sundry deposit account, I
find that the Defendant established the reason it gave for dismissing the
Claimant.
Accordingly, I find that the
Claimant has failed to establish that his dismissal on 17th October, 2017 was
wrongful on account of lack of fair hearing, absence of a valid reason, failure
to give notice or failure to pay salary in lieu of notice.
In essence, the Claimant was
fully aware of the reason for his dismissal. Exhibit C3 expressly states that
the Claimant was dismissed for gross misconduct, while the Claimant himself
understood and acknowledged that the allegation of gross misconduct arose from
the incident of cash suppression.
In my view, the reason
communicated to the Claimant was sufficiently clear, specific and objective. It
therefore satisfies the requirement for the communication of a valid reason for
dismissal upon which the Claimant relied in his reference to international
labour standards.
I also consider it necessary
to state that an employer is not required to await the outcome of a criminal
prosecution before exercising its disciplinary powers against an employee for
misconduct, even where the conduct complained of bears some criminal character.
The position of the law in
this regard was restated by the Supreme Court in ARINZE v.
F.B.N. LTD (2004) 12 NWLR (Pt. 888) 663, where the
Court held thus:
“As Wali, JSC pointed out at
pages 214 - 215 in the latter case: ‘It is not necessary, nor is it a
requirement under section 33 of the 1979 Constitution that before an employer
summarily dismisses his employee from his services under the common law, the
employee must be tried before a court of law where the accusation against the
employee is of gross misconduct involving dishonest bordering on criminality …
to satisfy the rule of natural justice and fair hearing a person likely to be
affected directly by disciplinary proceeding must be given adequate notice of
the allegation against him to afford him opportunity for representation in his
own defence. The complaint against him must not necessarily be drafted in the
form of a formal charge. It is sufficient if the complaint as formulated
conveys to him the nature of the accusation against him.’’ Per ONU, J.S.C. (P. 11, paras. A-E).
Applying the foregoing
principle to the instant case, the fact that the Claimant was not prosecuted
before a court of law for cash suppression does not invalidate the disciplinary
proceedings conducted by the Defendant or the consequent dismissal.
Having considered the
totality of the evidence, I find that the Claimant was informed of the
allegation against him, was issued a query, responded thereto and appeared
before the appropriate disciplinary body to make representations in his
defence. The Defendant also established that the conduct for which the Claimant
was disciplined constituted an offence under its applicable disciplinary policy
and attracted the sanction of dismissal.
In the circumstances, I find
that the Claimant has failed to establish his entitlement to the declaration
sought in relief (a). The said relief accordingly fails and is hereby refused.
I now turn to the second
declaratory relief, which concerns the Claimant’s suspensions and the
consequential withholding of his salaries during the subsistence of his
employment.
The substance of the
Claimant’s complaint under this head is that he was subjected to disciplinary
measures on account of the failure of customers of the Defendant to repay loan
and overdraft facilities granted to them. He therefore urges the Court to hold
that suspending him, withholding his salaries and making the payment of those
salaries dependent upon the recovery of customers’ indebtedness constituted
wrongful and unfair labour practices.
For clarity, relief (b)
seeks “A DECLARATION that the Defendant’s acts of punishing the defendant for
the failure of the Defendant’s customer to repay a loan /overdraft by
suspending the Claimant indefinitely without the Defendant subjecting the
Claimant to any Disciplinary Committee trial in violation of the terms of the
said suspensions, withholding the Claimant’s salaries pending the full recovery
of the said loan / overdraft and compelling the Claimant to ensure that the
said customer repays the loan / overdraft as a condition for the payment of the
Claimant’s withheld salaries until the wrongful termination of the Claimant’s
employment on the 17th of October, 2017 by the reason of which termination of
employment the Defendant has refused to pay to the Claimant his withheld
salaries till date are wrongful, irregular, fraudulent, unlawful, an unfair
labour practice and a breach of the Claimant’s fundamental Rights to fair
hearing and dignity of his person.”
The factual basis of this
relief, as pleaded by the Claimant, is that following a directive from his
Branch Manager to review the inflow and outflow of customers with a view to
identifying those suitable for overdraft facilities, he recommended Teslat
Global Resources Limited for an overdraft facility.
According to the Claimant,
the said company was subsequently granted an overdraft facility in the sum of ?20,000,000.00, secured by a
legal mortgage over the personal property of one Mr. Badmus Tesleem Rasheed.
The Claimant stated that
following the customer’s default in repaying the facility, he was placed on
suspension with effect from 18th September, 2015, during which he was paid only
50% of his monthly salary. He was further directed to ensure recovery of the
outstanding indebtedness within three months, failing which the payment of his
salary would cease completely and he would be subjected to disciplinary
proceedings by 17th December, 2015. The Claimant maintained that by December
2015, the Defendant did not convene any Disciplinary Committee to consider his
case but nevertheless ceased paying his salary altogether.
He further stated that the
collateral securing the facility was subsequently sold by the Defendant for the
sum of ?14,000,000.00.
According to him, an arrangement was reached with Mr. Badmus under which the
Defendant would retain ?10,000,000.00
from the proceeds while the sum of ?4,000,000.00 would be released to the company
as working capital to enable it continue its business and liquidate the
outstanding balance by monthly payments of ?1,000,000.00.
The Claimant alleged that
the Defendant failed to release the sum of ?4,000,000.00 to the company, while the
company in turn failed to make the proposed monthly repayments.
The Claimant further averred
that he was recalled from suspension in June 2016 but was not paid the salaries
withheld during the period of suspension. He was, however, directed to continue
following up on the customer’s obligation to make monthly repayments of ?1,000,000.00.
According to the Claimant,
he later discovered that the customer’s petroleum sales/filling station had
been leased out. Upon bringing this development to the attention of the
Defendant’s Branch Manager, he was again placed on suspension on 20th July,
2016, with substantially the same consequences for his remuneration as the
earlier suspension.
The Claimant further stated
that sometime in November 2016, the Defendant instructed its solicitor to
institute proceedings against the defaulting customer and required the Claimant
to append his signature to the originating processes prepared for the
litigation. Following this development, the Claimant was recalled from
suspension on 28th November, 2016.
The Claimant also averred
that judgment was subsequently obtained in favour of the Defendant against the
customer, but that the Defendant deliberately declined to enforce the judgment
and instructed its officers not to pursue execution on the ground that Mr.
Teslim had become a Commissioner in Ondo State.
These averments are contained
substantially in paragraphs 9–27 of the Claimant’s Statement of Facts.
It was upon this factual
foundation that the Claimant, in paragraph 49 of the Statement of Facts,
particularized the salaries allegedly withheld from him during the respective periods
of suspension in the total sum of ?3,397,151.39.
The question which now
arises is whether, having regard to the contractual documents and the evidence
before this Court, the Defendant was entitled to suspend the Claimant in the
manner it did and, more importantly, whether the withholding of his
remuneration for the periods complained of was contractually or otherwise
legally justified.
The Defendant, in response
to the foregoing, admitted that the Claimant was indeed issued a letter of
suspension dated 18th September, 2015, by which he was placed on what the
Defendant termed Credit Recovery Suspension for failure to regularize the past-due obligations arising from the
facility granted to Teslat Global Resources Limited. The Defendant further
admitted that the Claimant was recalled from the said suspension by a letter
dated 10th June, 2016.
The Defendant equally
admitted that the Claimant was again placed on suspension from 20th July, 2016
until 28th November, 2016. Its case, however, is that by virtue of the
Defendant’s Group HR Disciplinary Process and Sanctions Policy, Version 2.2 of
June 2010, the Claimant was entitled only to 50% of his salary for a maximum
period of three months while on suspension and was not entitled to allowances
during the period.
Against the foregoing
background, the real question is no longer whether the Claimant was suspended,
paid half salary for part of the period and subsequently placed on zero pay.
Those facts are substantially common ground between the parties.
The more fundamental
question is whether a policy which subjects an employee to suspension,
reduction of salary and eventual non-payment of salary merely because a
customer of the employer has defaulted in the repayment of a loan facility
constitutes an unfair labour practice, notwithstanding that the employer has
embodied such a practice in an internal policy under the nomenclature of
“Credit Recovery Suspension”.
In considering this issue, I
am mindful that the concept of unfair labour practice is not confined to a
closed or exhaustive category. The Court has recognized that what may
constitute an unfair labour practice depends substantially on the facts and
circumstances of each case. See NATURAL GAS SENIOR STAFF
ASSOCIATION (PENGASSAN) v. SCHLUMBERGER ANADRILL NIGERIA LIMITED (2008) 11
N.L.L.R. (Pt. 29) 164.
In the instant case, the
policy under consideration effectively places upon an employee the personal
consequences of a customer’s failure to discharge a loan obligation owed to the
employer.
In my considered view, such
a practice is conceptually akin to visiting upon one person the consequences of
the default or wrongdoing of another, merely because of some connection between
them. It bears some resemblance to the discredited practice of arresting a
relative of a suspect in place of the suspect, a practice which section 8(2) of
the Administration of Criminal Justice Act, 2015 expressly prohibits. While the
two situations arise in different legal contexts, the underlying concern is
similar: culpability ought ordinarily to attach directly to the person
responsible for the default complained of and should not, without more, be
transferred to another person merely because of association.
It is particularly worrisome
that a bank which has itself assessed a customer’s creditworthiness, approved
the facility and secured the loan with collateral would nevertheless seek to
make an employee personally bear the financial consequences of the customer’s
subsequent default by withholding the employee’s earned remuneration.
The inequity becomes even
more apparent when one considers the converse situation. Where the customer
services the facility regularly and the Bank earns interest and other benefits
from the transaction, those gains accrue to the Bank. They do not ordinarily
inure personally to the employee who processed or recommended the facility. It
is therefore difficult to justify a system under which the commercial benefit
belongs exclusively to the employer when the transaction succeeds, but the
employee is made personally to absorb the financial consequences when the
customer defaults. Such an arrangement, in my view, is inequitable and
inconsistent with contemporary principles of natural justice and fair labour
practice.
I find support for this
conclusion in the decision of my learned brother, Hon. Justice O. O.
Arowosegbe, in CHUKWUNONSO v. ECOBANK LTD, Suit No. NICN/EN/17/2019, judgment delivered on 18th November, 2021.
In that case, His Lordship deprecated the practice of holding bank employees
who merely processed or facilitated loan transactions personally responsible
for customers’ repayment defaults and regarded such conduct as constituting an
unfair labour practice.
I find the reasoning in that
decision persuasive and I respectfully agree with same.
Accordingly, I hold that, in
the absence of proof of fraud, collusion, negligence or some other culpable
misconduct personally attributable to the Claimant in the grant or
administration of the facility, the Defendant’s policy of suspending the
Claimant and reducing or withholding his salary due to default on the part of Teslat
Global Resources Limited in the
repayment of its loan constitutes an unfair labour practice.
I am not unmindful of the
submission of learned counsel to the Defendant that the Claimant was
remunerated during the period of suspension strictly in accordance with the
Defendant’s Group HR Disciplinary Process and Sanctions Policy.
I am equally mindful of the
submissions of learned counsel to the Claimant founded on the provisions of the
Labour Act, particularly in relation to the reduction of the Claimant’s salary
to 50% and the subsequent cessation of payment pursuant to the Defendant’s
internal policy.
While learned counsel to the
Claimant referred to sections 5(1) and 9 of the Labour Act, I consider section
9(5) of the Act particularly instructive. It provides in clear terms as
follows:
“No worker shall be bound by
virtue of any contract under this Act to answer for the debt, default or
miscarriage of any other person.”
The language of this
provision is significant. It embodies the broader principle that an employee
ought not, by reason merely of the employment relationship, to be made
personally answerable for the debt or default of another person.
Although the Defendant seeks
to justify its actions by reference to its internal disciplinary policy, an
internal policy cannot, merely by being incorporated into the employer’s administrative
framework, insulate a practice which is inconsistent with statutory protection
or which this Court finds to be unfair and inequitable in the context of
contemporary labour relations.
Consequently, to the extent
that the Defendant’s Credit Recovery Suspension policy operated in the instant
case to make the Claimant personally bear the financial consequences of the
default of Teslat Global Resources Limited through suspension, reduction of
salary and eventual cessation of salary, I find that the policy, as applied to
the Claimant, amounted to an unfair labour practice.
Bearing the foregoing
statutory provision in mind, I am fortified in my earlier finding that the
Defendant’s policy of placing the Claimant on what it termed “Credit Recovery
Suspension”, during which he was paid only 50% of his salary for part of the
period and no salary at all for other periods between 18th September, 2015 and
28th November, 2016, constitutes an unfair labour practice.
Section 9(5) of the Labour
Act is unequivocal in prohibiting an arrangement by which a worker is made to
answer for the debt, default or miscarriage of another person. The effect of
the provision is that an employee cannot be bound by a contractual or internal
policy which seeks to impose such liability upon him.
In the instant case, the
Defendant seeks to rely on its Group HR Disciplinary Process and Sanctions
Policy as justification for the reduction and eventual withholding of the
Claimant’s salaries. However, to the extent that the policy operated to make
the Claimant bear the financial consequences of a customer’s default in
repaying a loan facility, it runs contrary to the clear tenor of section 9(5)
of the Labour Act.
The words employed by the
statute are plain and unambiguous and, in my view, admit of no secondary
interpretation.
Learned counsel to the
Defendant, apparently mindful of the effect of section 9(5) of the Labour Act,
sought in the Reply on Points of Law to contend that the Defendant did not
dismiss the Claimant on account of the debt of another person.
With respect, that
submission does not address the real complaint under consideration. The issue
here is not the Claimant’s eventual dismissal, but the earlier suspensions and
the corresponding reduction and non-payment of his salaries, which were
expressly tied to the recovery of the customer’s outstanding loan facility.
Indeed, Exhibit C4, being
the letter of suspension dated 18th September, 2015, puts the matter beyond
speculation. The third paragraph of the letter provides as follows:
“Please note that regularization must be achieved within
three months from the date of suspension to entitle you to a refund of the
balance of your 50% withheld salaries, as failure to recover will result in a
forfeiture of withheld salaries.”
The language of the letter
makes it clear that the continued withholding and possible forfeiture of the
Claimant’s salary were made dependent upon the recovery or regularization of
the customer’s indebtedness.
Consequently, I find that
the Claimant has established that the Defendant penalized him for the failure
or default of its customer to satisfy a loan obligation owed to the Defendant,
notwithstanding that the Defendant had its own contractual and legal mechanisms
for recovering the facility.
In the circumstances, I find
that the Claimant has proved his entitlement to the declaration sought in
relief (b). Relief (b) is therefore granted.
I now turn to relief (c),
wherein the Claimant seeks “A DECLARATION that the Defendant’s act of denying
the Claimant till date of his salary for the 17 (Seventeen) days for which he
worked for the Defendant in the month of October, 2017 is wrongful, irregular,
fraudulent, unlawful and an unfair labour practice and a breach of the
Claimant’s fundamental Rights to dignity of his person.”
The factual basis of this
relief is straightforward. The Claimant contends that he worked for seventeen
(17) days in October 2017 before his dismissal on 17th October, 2017, but was
not paid any salary in respect of those days.
The Claimant proceeded to
make a prorated computation of what he considered to be the amount due to him
for the seventeen days. However, no contractual or documentary basis was placed
before the Court establishing the formula adopted for the said computation.
The question, therefore, is
whether the Claimant, having been dismissed on 17th October, 2017, had acquired
an enforceable entitlement to a proportion of his monthly salary for the days
worked prior to the dismissal.
It is settled that dismissal
brings the employment relationship to an immediate end and disentitles the
employee from earning benefits prospectively. It does not, however, ordinarily
extinguish rights or benefits which had already accrued before the effective
date of dismissal.
The Claimant’s pleadings and
evidence consistently describe his remuneration as a monthly salary. There is
no suggestion that he was engaged or remunerated on a daily or weekly basis.
Section 15 of the Labour Act
provides as follows:
“Wages shall become due and payable at the end of each
period for which the contract is expressed to subsist, that is to say, daily,
weekly, or at such other period as may be agreed upon:
Provided that where the period is more than one month,
the wages shall become due and payable at intervals not exceeding one month.”
The effect of the provision
is that wages become due in accordance with the agreed wage period. In the
instant case, the Claimant’s remuneration was monthly and was therefore
ordinarily payable at the end of the monthly wage period.
However, the fact that the
agreed payment date had not yet arrived as at 17th October, 2017 does not
necessarily mean that work already performed by the Claimant during that month
was rendered gratuitously. The relevant question remains whether, by virtue of
the contract of employment and the circumstances of the dismissal, the Claimant
had earned remuneration for the period actually worked before the employment
relationship came to an end.
That question must be
determined by reference to the contractual documents and the evidence
establishing the basis upon which the Claimant’s monthly remuneration was
earned and computed.
In the instant case, there
is no evidence before the Court that the Claimant’s employment was structured
on a daily or weekly wage basis. Rather, the Claimant’s case is that he was
employed by the Defendant in 2006 and remained in its employment until his
dismissal in 2017, with his remuneration being paid monthly.
Accordingly, the Claimant
falls within the category contemplated by the proviso to section 15 of the
Labour Act, such that his salary became due and payable at the end of the
relevant monthly wage period.
The consequence is that, as
at 17th October, 2017 when the Claimant was dismissed from employment, his
salary for the month of October 2017 had not yet become due and payable.
In the circumstances, I find
that the Claimant has failed to establish his entitlement to the declaration
sought in relief (c). The said relief therefore lacks merit and is accordingly refused.
I now turn to relief (d),
wherein the Claimant seeks “AN ORDER of this Honourable Court directing the
Defendant to immediately pay to the Claimant the sum of ?3,592,906.20 (Three Million,
Five Hundred and Ninety-Two Thousand, Nine Hundred and Six Naira, Twenty Kobo)
being the Claimant’s
arrears of salary as at the date and time of the termination of his employment.”
This relief is substantially
consequential upon relief (b), which this Court has already granted. What
therefore remains for determination is whether the monetary sum claimed by the
Claimant as withheld and unpaid salaries has been sufficiently established.
There is no doubt that a
claim for arrears of salary in a specifically quantified sum is in the nature
of special damages and must ordinarily be specifically pleaded and strictly
proved.
In the instant case, the
Claimant particularized the various periods during which he was placed on
suspension and identified the months in respect of which he alleged that only
part of his salary was paid or no salary was paid at all.
I am, however, equally
mindful that the Defendant itself admitted that, pursuant to its Group HR
Disciplinary Process and Sanctions Policy, an employee placed on suspension was
entitled to only 50% of his salary for the first three months of suspension and
thereafter to no salary where the suspension extended beyond that period. The
Defendant further maintained that where the employee failed to achieve the
required recovery within the stipulated period, the withheld portion of the
salary became forfeited.
Having already held that the
Defendant’s policy, insofar as it operated to withhold the Claimant’s
remuneration for the purpose of compelling recovery of a customer’s loan
obligation, constituted an unfair labour practice and was contrary to section
9(5) of the Labour Act, it follows that the Claimant is entitled to recover the
salary sums unlawfully withheld pursuant to that policy.
While the Claimant did not
independently establish every individual non-payment by tendering his own
statement of account, the law remains settled that facts admitted require no
further proof.
More importantly, the
Defendant tendered Exhibit D14, being the Claimant’s statement of account
maintained with the Defendant. A careful examination of Exhibit D14 reveals
entries corresponding with the sums particularized by the Claimant in his
Statement of Facts in respect of the relevant periods of suspension.
Upon reconciling the pleaded
particulars with the entries contained in Exhibit D14, I find that the amount
established as salary withheld or unpaid during the relevant periods is ?3,397,151.39.
It must, however, be
observed that the Claimant claimed the sum of ?3,592,906.20
under relief (d), whereas the amount which the evidence before this Court
establishes as unpaid or withheld salaries arising from the unlawful Credit
Recovery Suspension is ?3,397,151.39.
A Court is entitled to grant
a lesser amount than that claimed where the lesser sum is established by the
evidence, provided it does not grant more than what was sought.
Consequently, relief (d)
succeeds only to the extent proved.
Accordingly, I order the
Defendant to pay to the Claimant the sum of ?3,397,151.39 (Three Million, Three Hundred and
Ninety-Seven Thousand, One Hundred and Fifty-One Naira, Thirty-Nine Kobo),
being the arrears of salary unlawfully withheld from the Claimant during the
relevant periods of Credit Recovery Suspension.
Relief (d) is therefore granted in part to the extent of the sum of ?3,397,151.39.
Relief (e) is seeks for “The
sum of ?50,000,000.00
(Fifty Million Naira) as General, Special and Exemplary Damages in favour of
the Claimant and against the Defendant for the Defendant’s reckless and
fraudulent actions of wrongfully terminating the Claimant’s employment, unfair
labour practices and breach of the Claimant’s fundamental rights to fair
hearing and dignity of his person.”
Upon a consideration of the
manner in which this relief has been framed, I agree with learned counsel to
the Defendant that the claim is fundamentally defective. General, special and
exemplary damages are distinct species of damages, each governed by different
legal principles and evidential requirements, and cannot simply be aggregated
into one undifferentiated lump sum without indicating what portion is claimed
under each head.
General damages are those
which the law presumes to flow from the wrongful act complained of and
ordinarily do not require strict proof. Special damages, on the other hand,
must be specifically pleaded, particularized and strictly proved, except where
they are expressly admitted. See SEVEN-UP BOTTLING COMPANY
PLC v. NKANGA & ORS (2008) LPELR-8462(CA).
Exemplary damages stand on a
different footing altogether. They are generally awardable only in exceptional
circumstances, including where expressly authorized by statute, where there has
been oppressive, arbitrary or unconstitutional conduct by servants of
government, or where the Defendant’s conduct was calculated to procure for him
a profit which might exceed the compensation otherwise payable to the Claimant.
See OBINWA v. C.O.P.
(2007) 11 NWLR (Pt. 1045) 411 at 426–427.
In the instant case, the
Claimant has lumped together general, special and exemplary damages in the sum
of ?50,000,000.00
without distinguishing the respective sums claimed under each head or laying
the distinct factual and evidential foundation required for each.
This Court cannot speculate
as to the portion of the ?50,000,000.00
intended as general damages, the portion intended as special damages, or the
portion intended as exemplary damages. To do so would amount to descending into
the arena and reformulating the Claimant’s case on his behalf.
More importantly, the
Claimant’s complaints of wrongful dismissal and denial of fair hearing, which
constitute substantial parts of the foundation upon which this claim for
damages was predicated, have not succeeded.
Consequently, relief (e), as
presently constituted, is uncertain and unsustainable. The said relief is
accordingly refused.
I now turn to relief (f),
wherein the Claimant seeks “The sum of ?1,000,000.00 (One Million Naira) in favour of
the Claimant and against the Defendant being the cost of litigation of this
suit.” It is settled that the award of costs is discretionary, although such
discretion must at all times be exercised judicially and judiciously.
In AFRICAN CONTINENTAL BANK LTD & ANOR v.
AJUGWO (2011) LPELR-3637(CA), the Court held:
“It is trite that the award
of costs is always at the discretion of the court but such discretion must be
exercised judiciously and judicially.” Per OSEJI, J.C.A. (P. 41, para. G).
Similarly, in EMPERION WEST AFRICA LTD v.
AFLON LTD & ANOR (2014) LPELR-22975(CA), the
Court of Appeal held:
“…although a court has the
sole discretion to award cost, such award should not be made to serve as a
punitive measure or as punishment. Rather, it should merely serve as indemnity
or to compensate the wronged party on the out of pocket expenses he incurred in
the prosecution or attendance of the suit or to cushion the cost of litigation
incurred by the successful party in the suit. See PSO Olasipe vs. National Bank
of Nigeria Ltd & Anor (1985) 3 NWLR (Pt. 11) 147 at 152 para B.”
Per SANUSI, J.C.A. (P. 73, paras. D-F).
While costs ordinarily
follow the event, the Court must consider the overall degree of success
attained by the party seeking costs.
In the instant case, although
the Claimant has not succeeded in his challenge to his dismissal and has
equally failed in some of the other reliefs sought, he has succeeded on a
substantial aspect of his case. In particular, this Court has found that the
Defendant’s practice of subjecting the Claimant to Credit Recovery Suspension
and withholding his remuneration on account of a customer’s loan default
amounted to an unfair labour practice. The Court has also found the Claimant
entitled to recover the salaries withheld pursuant to that practice.
The Claimant was therefore
compelled to institute this action in order to vindicate his entitlement to
those withheld salaries and to obtain relief against the unfair labour practice
established against the Defendant.
In the circumstances, I consider
an award of costs appropriate. Accordingly, relief (f) succeeds and the
Defendant is hereby ordered to pay to the Claimant the sum of ?1,000,000.00
(One Million Naira) as costs of this
action.
Relief (g) seeks for
Post-judgment interest on the judgment sum in this suit at the rate of 21% per
annum from the date of the Judgment until same is fully liquidated.”
Although the
Claimant seeks post-judgment interest at the rate of 21% per annum, no
contractual or statutory basis has been placed before this Court to justify the
award of interest at that particular rate.
In the
circumstances, I consider it appropriate to resort to the Rules of this Court.
Order 47 Rule 7 of the National Industrial Court of Nigeria (Civil Procedure)
Rules empowers the Court, at the time of delivering judgment or making an
order, to prescribe the period within which a monetary award is to be paid and
to award post-judgment interest at a rate not less than 10% per annum.
Having regard to the
monetary awards made in respect of reliefs (d) and (f), I find it appropriate
to grant post-judgment interest in the following terms:
The Defendant shall pay all monetary sums awarded in favour of the
Claimant within ten (10) days from the date of delivery of this Judgment,
failing which the outstanding sums shall attract interest at the rate of 20%
per annum until fully liquidated.
Relief (g) is
accordingly granted to that extent.
Having considered
and determined all the specific reliefs sought by the Claimant, I find that the
remaining contentions advanced in the course of the proceedings do not call for
separate determination, as they are not anchored to any distinct relief
requiring a further pronouncement by this Court.
Consequently, the
sole issue formulated for determination is resolved partly in favour of the Claimant, to the extent that the Claimant
has succeeded in respect of reliefs (b), (d), (f) and (g).
In the final
analysis, the Claimant’s case succeeds in part. For clarity, the orders of this
Court are as follows:
1.
Relief
(a) is refused.
2.
Relief
(b) is granted.
3.
Relief
(c) is refused.
4.
Relief
(d) is granted in part, and the
Defendant is ordered to pay to the Claimant the sum of ?3,397,151.39 (Three Million, Three Hundred and
Ninety-Seven Thousand, One Hundred and Fifty-One Naira, Thirty-Nine Kobo), being the arrears of salary
unlawfully withheld from the Claimant during the relevant periods of Credit
Recovery Suspension.
5.
Relief
(e) is refused.
6.
Relief
(f) is granted, and the
Defendant is ordered to pay to the Claimant the sum of ?1,000,000.00 (One Million Naira) as costs of this action.
7.
Relief
(g) is granted to the extent that
all monetary sums awarded in favour of the Claimant shall be paid within ten
(10) days from the date of this Judgment, failing which the outstanding sums
shall attract interest at the rate of 20%
per annum until fully liquidated.
All other claims not
specifically granted are hereby dismissed.
Judgment is accordingly entered.
.............................................
HON.
JUSTICE Z. M. BASHIR, Ph.D.
JUDGE