Andrew Venn V. Access Bank PLC & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment)

The Claimant in the lower court (now Appellant) had by a writ of summons and statement of claim both dated 5-3-2007 claimed against the four defendants, (now Respondents) jointly and severally as follows:-

“103. WHEREOF the CLAIMANT claims against the Defendants jointly and severally as follows:

i. A declaration that the indefinite suspension of the Claimant by the 1st Defendant in August 2006 and the subsequent purported dismissal of the Claimant on 5th of October 2006 by the 1st Defendant were null and void and of no effect whatsoever.

ii. A declaration that the Claimant’s employment with the 1st Defendant ran and continues to run from the effective date of the purported dismissal being the 1st of October 2006.

iii. A declaration that the presence of the 4th Defendant on the Investigative Disciplinary Committee Panel set up to look at the allegation of fraud against the Claimant offended against a fundamental principle of natural justice and therefore unconstitutional, null and void.

iv. A declaration that the Claimant is entitled to withdraw his services voluntarily and with full pensionable benefits – inclusive of all entitlements and allowances from the employment of the 1st Defendant as currently applicable to the Claimant’s peers in the employ of the 1st Defendant.

v. An order of the Honourable Court compelling all the Defendants to severally tender an unreserved letter of apology to the Claimant for the defamatory and libelous publication that he was involved in a Western Union fraud.

vi. A Declaration that the letter of the 1st Defendant to the Chartered Institute of Bankers that the Claimant had been dismissed from its employment for his involvement in Western Union fraud was absolutely unwarranted and maliciously libelous of the Claimant.

vii. A mandatory order of the Honourable Court compelling the 1st Defendant to publish an unequivocal letter of apology to the Claimant in 3 widely circulated National Newspapers.

viii. A mandatory order of the Honourable Court compelling the 1st Defendant to formally withdraw its libelous letter against the Claimant written to the CHARTERED INSTITUTE OF BANKERS’ and the CENTRAL BANK OF NIGERIA – and the letter of withdrawal to be copied to the Claimant.

ix. Special damages assessed at N1,898,607.35

x. General damages of N30 Million for unlawful dismissal, malicious defamation, injured feelings, loss of reputation, and loss of prospects.

xi. Cost of the suit.”