Union Bank of Nigeria V. John D. Nwachukwu (2000)

LawGlobal-Hub Lead Judgment Report

MICHAEL EYARUOMA AKPIROROH, J.C.A. 

The action that gave rise to this appeal was instituted by the plaintiff in 1994. The claim as contained in the statement of claim is as follows: –

(i) A declaration that the suspension and subsequent purported plaintiff resignation of the from Defendant Bank’s services as contained in the letter of resignation dared 23/1/90 and signed by the plaintiff is wrongful, null and void ab initio and of no legal consequences in that the purported resignation was done under duress.

(ii) A declaration that considering the circumstances of the issue of the cheque for N38,800.00 the plaintiff is nor guilty of any wrong doing.

(iii) A declaration that the plaintiff is enployment with the Defendant Bank is still subsisting.

(iv) An order that the plaintiff be reinstated to his post as a Clerk paid arrears of salaries and allowances from the date of the wrongful suspension from duty ALTERNATIVELY TO RELIEFS (iii) & (iv) N500,000.00 general damages representing salaries, pension and fringe benefits from the date of the termination/forced resignation of plaintiff’s employment till he attains the age of 60 years.”

It is the plaintiff’s case that he was employed by the defendant as a clerk on 14/9/81 and his appointment was confirmed six months later. On 27/1/89 at about, 10 p.m. a man came to his house and enquired about one Jimmy who stole their goods worth N38,000.00.

His name was given to him as the guarantor of the said Jimmy. He then told him to pay the sum of N38,000.00 the price of the goods.

One of the men had a dagger and used it to threaten him while another man insisted that he would give them a cheque to cover the amount in order to save his life and he issued a cheque for the sum of N38,000.00 under duress.

On 30/1/89, he told his Manager what happened to him and filed a stop order to stop the cheque. Later he was arrested before the cheque was presented. It was presented on 8/2/89. At the end of the investigation of the case by the police, he was exonorated.

On 24/2/89, he was issued with a query and he sent a reply to the query. Later he was suspended from duty. on 23/1/90, he received a letter from the defendant asking him to resign or his appointment be terminated, and in order not to ruin his banking career, he sent in his letter of resignation on 23/1/90 which he withdrew in writing on 24/1/90 and it was accepted. Consequently, he was not recalled and he was not paid any entitlement.

The Defendant/Appellant called one witness who testified that the respondent issued a cheque to one Tony Amadi Eke when he knew he had no money to cover the amount in his account. On 31/1/89 to 10/2/89, the respondent was absent from duty and he was issued a query and placed on a half salary.

on 23/1/90, the respondent resigned and his letter of resignation was accepted. He was not forced to resign and as such he is not entitled to his claim.

At the end of the trial, both counsel addressed court and a reserved judgment the learned trial Judge entered judgment favour of the appellant against the respondent as follows:-