Mr. Shehu Yaute Damisa v. United Bank For Africa (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

CHIOMA EGONDU NWOSU-IHEME, JSC (Delivering the leading judgment):

Introduction

This appeal emanated from the judgment of the Court of Appeal, Kaduna Division (Coram Mohammed, BaAba, Alagoa JJCA) delivered on the 10th day of May, 2005 affirming the judgment of the trial High Court of Kaduna State dismissing all the claims of the plaintiff, now appellant and granting the counterclaim of the defendant, now respondent.

Background

The appellant was the Senior Manager (Commercials) at the Kaduna Branch of the respondent. While in that position, the appellant was found guilty of gross negligence in the handling of the account of Nasara Properties, where the value of third party cheques of Tanko Kokwain and Anthony Sule of N3.5 million and N2.5 million respectively were converted, allegedly by one Aliyu Odoh, the alter ego of the said Nasara Properties. The appellant negligently authorized the opening of the account without a search being conducted. When the irregularity was discovered, the appellant was queried. In his answer (exhibit 10), the appellant admitted his negligence as a result of which he was dismissed. The appellant took out a writ claiming as follows:

a) A declaration that the purported suspension and dismissal of the plaintiff by the defendant vide its letters dated 21st January, 1996 and 17th June, 1997 respectively, are ultra vires, null and void and unconstitutional in that it deprived the plaintiff of his right to fair hearing as required by law and the Senior Staff Conditions of Service of the defendant.

b) A declaration that under the defendants Senior Staff Condition of Service applicable to the plaintiff, the plaintiff is entitled to retire from the defendant’s employment on attaining 55 years.

c) An order setting aside the defendant’s letters dated 21st January, 1996 and 17th June, 1997 suspending and dismissing the plaintiff from the defendant’s employment.

d) An order directing the defendant to forthwith reinstate the plaintiff to his employment and paying to the plaintiff all accrued salaries, allowances and promotion due to the plaintiff from 21st October, 1996.

e) Alternatively, special and aggravated damages against the defendant for unlawful dismissal constituted as follows:

i. Special damages

The plaintiff claims Six Hundred and Fifty-Seven Thousand, Two Hundred and Fifty Naira (N657, 250:00) being Annual Income inclusive of all allowances from date of purported suspension (21st October, 1996) to judgment on a yearly basis…

ii. Aggravated damages

The sum of Six Million Naira (N6,000,000:00) only as aggravated damages for unlawful dismissal.