Festus Opeoluwa Daodu V. United Bank for Africa Plc. (2003)

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OLUFUNLOLA OYELOLA ADEKEYE, J.C.A. 

This is an appeal against the Judgment of the Osun State High Court of Justice, Osogbo Judicial Division, delivered on the 16th of October, 2000. The facts of the case before the lower court by way of summary are that the plaintiff, Festus Opeolu Daodu was employed by the United Bank for Africa Plc – a Banking Institution with branches all over Nigeria, and was posted to the Osogbo branch, in April 1986. The appointment was confirmed by the defendant in October, 1986.

The plaintiff worked with the Osogbo branch of the bank for a period of 12 years, before he was transferred to the Iresi branch. Early in his employment as at June, 1986, the plaintiff earned poor probation report. As between 1987 – 1996 – the plaintiff was served with queries by the establishment for various offences bordering on insubordination, negligence of duty, disregard for his superior, non-challant attitude in the performance of his duties. The queries issued to him were ended up by way of caution or warning. Regardless of the shortcomings in the performance of his duties, he earned promotions and enjoyed increments. Even during his transfer to Iresi, his conduct and performance of his duties between 1998 to 1999 continued to earn him queries, cautions and warnings which culminated to a formal enquiry being set-up at the bank’s headquarters – Lagos against the plaintiff on the 30th of June, 1999.

The decision of the Panel of Enquiry, led to a letter of termination of his employment dated the 1st of July, 1999. He was paid a month’s salary in lieu of notice and all his entitlements as worked out by the defendant less his indebtedness was paid into his savings account at the Iresi branch of the defendant. The plaintiff felt that the termination of his appointment was wrongful in that he was diligent and efficient in the discharge of his duty, which earned him promotion to the post of a supervisor as at the time the appointment was terminated. He was not afforded fair trial during the enquiry at the defendant’s headquarters, and finally that he was denied all his entitlements as prescribed and laid down under the main collective agreement between the Nigerian Employers Association of Banks (NUBIFE). The plaintiff decided to seek redress in court by filing claims as endorsed on the writ of summons and paragraph 24 of the statement of claim as follows:

(i) Declaration that the sum total due to the plaintiff as the entitlement from the defendant is N7,534,784.00 –

particulars of which are set out as follows:

(a) Gratuity for 30 years service calculated at the rate of 300% of terminal salary/allowances … N364,200.

(b) Annual salary and allowance as spelt out in paragraph 8 above for 23 years which is 60 years that is compulsory retirement age N5,170,584.

(c) General damages N2, 000,000.00.

(ii) Declaration that the plaintiff is entitled to the sum of N7,534,784, being all the salaries and other emoluments that would have accrued to the plaintiff from the date of his unlawful/premature termination of appointment that is 12th July, 1999, to the date of his retirement that is 23 years (year 2022).

(iii) An order directing the defendant to pay the plaintiff the sum of N5,534,784 (Five million, five hundred and thirty four thousand, seven hundred and eighty-four Naira) being all the salaries and other emoluments that would have accrued to the plaintiff from the date of his unlawful premature termination of appointment to the date of his retirement.

(iv) An order directing the defendant to pay the plaintiff the sum of N2 million representing the damages suffered by the plaintiff as a result of his wrongful termination.

Parties filed and exchanged pleadings. The plaintiff in establishing his case gave oral evidence supported by vital documents tendered as exhibits A-K2. Of particular importance and worthy of note are the undermentioned:

Letter of appointment dated 9/4/86 – as exhibit A Letter of termination as exhibit G