His Lordship, Hon. Justice F. I. Kola-Olalere of the National Industrial Court of Nigeria, Ibadan division on the 18th day of January 2018 delivered judgment in favor of Skye Bank, dismisses suit against it for lacking merit and orders claimant to pay cost to the bank in the case of Mr. Oragbade Olugbade v. Skye Bank Plc.
On June 11, 2013 the claimant through his counsel O.O. Adeniyi Esq. sought against the defendant among others, a Declaration that the claimant is still a bonafide staff of Skye Bank Plc., formerly Cooperative Bank, and his interdiction by the defendant is illegal, unconstitutional null and void.
In response, the defendant entered appearance through its counsel O.I. Osunlakin Esq. and filed its Statement of Defence in compliance with the Rules of this Court.
The case of the claimant is that he was a former cashier with the defunct Co-operative Bank Plc. before same was merged with other Banks in 2005 – 2006 to form Skye Bank Plc. (the defendant). He avers that on Friday November 14 and Monday November 17, 2003 while the claimant was working as a cashier with the bank at the defendant’s branch in Sapon, Abeokuta, there was loss of some money as a result of manual balancing of account as orders by the Manager of the branch. He continued that himself with some other staff of the defendant in the branch were suspected, arrested and charged to court and that after their trial, he was discharged and acquitted of the charges against him.
The case of the defendant on the other hand is that the claimant was at Sapon Branch, Abeokuta, Ogun State a cashier with the defunct Co-operative Bank Plc. and that on November 14 and Monday November 17, 2003; while the claimant acted as a cashier to the bank, the bank lost millions of Naira through fraudulent manipulation of customers’ accounts, which were traceable to the claimant while on duty on November 14 & 17, 2003. Upon the discovery, the claimant disappeared under the pretense that he was in search of the people that received the huge sums of money from him. The defendant averred further that the bank later set up a panel which investigated and reported on the fraudulent manipulation and stealing on customers’ accounts and also recommended the dismissal of the claimant from the services of the bank which the defendant acted on in dismissing the claimant.
After reviewing the argument of both parties, the Court presided by Hon. Justice F. I. Kola-Olalere, had this to say:
I have gone through the facts of this case, the written arguments of the parties and their cited authorities.
Furthermore, the claimant is contending that he was wrongfully, illegally and unconstitutionally dismissed. He did not present to the Court his terms and conditions of employment that were allegedly breached by the defendant in determining his employment.
I find and hold that he has failed to prove to the satisfaction of this Court that he was or is an employee of the defendant. In addition, I hold that the claimant was never an employee of the defendant. Since there is no contract of employment between the claimant and the defendant, I again hold that the claimant is not entitled to any of his reliefs before the Court against the defendant. This case lacks merit and it is accordingly dismissed with Fifty Thousand Naira (N50,000.00) Cost against the claimant to be paid to the defendant within 30days from today.
Judgment is entered accordingly.
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