Bank of the North Ltd V. Mr. Saheed S. Adegoke (2007)

LawGlobal-Hub Lead Judgment Report

GEORGE OLADEINDE SHOREMI, J.C.A.

At the High Court of justice, Akure Ondo State of Nigeria, the respondent as Plaintiff took out a writ of summons against the Appellant as defendant claiming the following as per paragraph 44 of the Statement of Claim.

“(1) A declaration that the letter reference No.P/CON/1997 dated May 9, 2002 addressed to plaintiff by defendant titled “Re: Attempted Fraud of N68 Million through Electronic Transfer – Account 206, Akure Branch” Which letter purportedly terminated Plaintiff’s Appointment and removed him from the employment of defendant is wrongful, irregular, unconstitutional and of no effect whatsoever.

(2) AN ORDER directing the Defendant to pay to the Plaintiff all salaries that he may be entitled to with All the terminal benefits including pensions and Gratuities in accordance with Managing Director’s Circular Ref: MD&CE/CON.20/09.99 of 16th September, 1999 titled STAFF RETIREMENT AND PENSION SCHEME VIZ:

N : K

3 month salary at N15874 monthly 47,622 : 00

Gratuity of 190% of terminal salary 361,927 :20

Leave Allowance 2002 22,858 : 56

Total N432,407 :76

Pension of 64% of terminal basic salary (N14,604) payable Monthly forth with.

(3) An order directing the Defendant to pay the Plaintiff all and concerning the Plaintiff by the letter of the Defendant dated May 9, 2002 until the date of determination of the case at N49,994.70 per month.

(4) N12 Million as damages for defamation published of and concerning the Plaintiff by the letter of the Defendant dated May 9, 2002 with reference No P/CON/1907 to the effect that;

“RE: ATTEMPTED FRAUD OF N68 MILLION THROUGH ELECTRONIC TRANSFERS ACCOUNT 206 AKURE BRANCH: as follows:

“This is to inform you that the management has completed investigations on the above fraudulent case and level of your involvement was established.