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Akure --His Lordship, Hon. Justice O. O. Oyewumi of the National Industrial Court of Nigeria, sitting in Akure on Wednesday 3rd October 2018 in a judgment dismissed the suit filed by RASHEED ABIEBHODE against ECO BANK NIGERIA LIMITED challenging his dismissal for lacking merit.
The Claimant by an Amended Statement of Fact filed on the 9th November, 2016 Claimed against the Defendant among others: A Declaration that there is no reasonable or probable ground upon which the Claimant could have been validly found to have committed any fraudulent act in breach of the Defendant’s Credit Policy as set out in the letter of Dismissal dated 24th February 2015.
An Order Setting aside the letter of Dismissal dated 24th February 2015 issued by the Defendant to the Claimant. An Order restoring the Claimant to his office or position as the Manager in the Defendant Company and directing the defendant to pay the Claimant all his entitlements, allowances and sundry financial entitlements from the 24th February 2015 to the date of judgment in this matter
ALTERNATIVELY, The sum of N268,899.793.88 ( Two Hundred and Sixty Eight Million, Three Hundred and Ninety Nine Thousand, Sven Hundred and Ninety Three Naira, Eighty Eight Kobo) being total emoluments payable to the Claimant for the residue of the period he would have contractually remained in the Defendants employment till when he would have attained 60years retirements age.
The case of the Claimant is that he was employed by the Defendant Bank in 2007, and rose to the grade of Manager. That he was the Branch Manager of Uselu Benin Branch of the Defendant as at 24th February 2015 when his employment was purportedly dismissed by the Defendant. That prior to his dismissal, he had earlier been directed to proceed on what was termed “Recovery Suspension with Half Pay”.
He stated that it was revealed in the letter of suspension and dismissal that the actions taken against him were because he allegedly authorized fraudulent employee credit loans for staff of Edo State Sport Council.
He was thereafter issued a query and that he responded to the queries stating clearly that he followed the conditions stipulated in the Defendant’s Credit Policy and Guidelines which was confirmed by the Accounts officer one Mr. Doyin Abiodun.
According to him, upon investigation, it was revealed that the loan documentation was the handiwork of some other co-staff. Also, he was invited to the Disciplinary Committee of the defendant, where an allegation of “threat to life reported by one John Ebosele was leveled against him. That in spite of the facts that the perpetrators of the act confessed to the Police and were indicted, he was exonerated but was still issued a letter of dismissal.
The Defendant on the other hand admitted that the Claimant was indeed the manager of the Uselu Branch of the bank before his exit that the allegation that he was disengaged without any reasonable cause is false as he was dismissed because he negligently authorized employee credit loans for purported staff of the Edo State Sports Council who turned out fraudulent.
It averred further that the Claimant was placed on Recovery Suspension with half pay and was subsequently dismissed after he appeared before the Bank’s Disciplinary Committee to explain his level of culpability in the allegation levied against him as it was established that he authorized credit loans for purported staff of Edo State Sports Council which turned out to be fraudulent.
Counsel submitted further that there is no documentary evidence before the Court to ascertain that the defendant was in breach of its condition of service with the Claimant.
Counsel submitted further that where the written contract of employment is executed, such benefits and emoluments as may be payable to an employee shall be set out in the contract of employment which is not placed before the Court as such there is no valid claim before the Court.
The Claimant, on the other hand, filed his final written address and submitted for determination: Whether the Claimant has proved his case to be entitled to the reliefs sought?
On the invitation by the Disciplinary Committee set up by the defendant, the claimant gave evidence to the effect that he was invited based on an allegation of threat to life by one of the perpetrators of the fraud and not on the purported fraudulent loans per se.
After reviewing the argument of both parties, the Court Presided by Hon. Justice O.O. Oyewumi expressed thus;
“I find it expedient considering the facts before me and on the authority of Usen’s and Akinniranye’s cases supra to find and hold that claimant’s dismissal from the employment of the defendant is justified and thus not wrongful. Accordingly, claimant’s relief A failed and thus dismissed.
“It is also trite law that where an employee under a simple contract as in this instance, is guilty of misconduct, he could be dismissed summarily without notice and without wages. It is in this light that I find that claimant’s claims C fails.
“It is obvious from the decision of Court herein that the claimant has failed woefully to substantiate his claims before this Court. Accordingly, he is not entitled to all the reliefs sought.
“It is for the avoidance of doubt that I hold that claimant’s claims fail in its entirety. Consequently, claimant’s case is hereby dismissed.” Justice Oyewumi Declared.
