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His Lordship, Hon. Justice F. I. Kola-Olalere of the National Industrial Court of Nigeria, Ibadan division on Thursday 15th February 2018 in a judgement declared as wrongful the termination of the claimant’s appointment by the defendant in the case of Mr. Olufemi against First City Monument Bank Plc.
The claimant through his counsel Enos Enos Jacob Esq. On January 27, 2015 filed this complaint against the defendant sought among others; A declaration that the proceeding of the Disciplinary Committee held on the 31st of October, 2012 to try the allegation of unethical lending and diversion of mortgage loan levelled against the claimant and whose verdict has not been made known to the claimant before the termination of the claimant’s employment by the defendant has not and/or cannot establish the allegation of unethical funding and diversion of mortgage loan levelled against the claimant has been proved against the claimant. And a declaration that the termination of the claimant’s appointment by the defendant, vide the letter of termination of appointment dated 8th November, 2012; done contrary to the terms of claimant’s contract of employment, in the circumstances of this case, was unlawful and wrong.
In line with the Rules of this court, counsels to the parties were directed to file their final written addresses by the Court after the trial of the case and the counsel complied with the direction.
The case of the defendant on the other hand is that, notwithstanding the fact that the claimant was investigated and tried on allegation of diversion of the proceeds of the mortgage facility by the Disciplinary Committee of the defendant; the claimant’s appointment was terminated just because his services were no longer required. To the defendant, the allegation for which the claimant was investigated and tried by the defendant raises substantial suspicion of foul play and unprofessional conduct and that it is the defendant's duty to ensure that its operations were professional and devoid of foul practices. The defendant continued that the termination of the claimant’s employment was not due to the outcome of the disciplinary committee’s investigation but due to the fact that his services was no longer required; in line with the terms of the contract of employment between the claimant and the defendant
After reviewing the argument of the parties, the Court Presided by Hon. Justice F. I. Kola-Olalere, had this to say:
I have carefully considered the processes filed, the arguments and submissions of the parties on the preliminary points that arose in the cause of this trial.
On the whole, his Lordship declared among others that:
- I declare that the termination of the claimant’s appointment by the defendant, vide the letter of termination of appointment of November 8, 2012 was done contrary to the terms and conditions of the claimant’s contract of employment, in the circumstances of this case. Hence, it is wrongful.
- I hold that when the Bank no longer required the services of the claimant, it cannot terminate his employment as it did from the terms and conditions of the contract because; there was no act of misconduct found against him and the only option left for the defendant is to advise the claimant to resign.
- I hereby set aside the letter of termination of appointment of November 8, 2012 issued to the claimant by the defendant; since there is no evidence that the claimant committed any misconduct to support the letter.
- I hereby direct the claimant to write his letter of resignation, which will be with effect from November 8, 2012 when his employment was wrongly terminated.
- Because the wrongful termination of the claimant’s appointment in this instance has portrayed him as having committed misconduct, which was not the case and has dented his integrity, I hereby order the defendant to pay the sum of N2,000,000.00 general damages to the claimant.
The defendant is to pay the judgment debts to the claimant within 60days from today.
Judgment is entered accordingly.
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