B. A Imonikhe V. Unity Bank Plc (2011)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This is an appeal against the judgment of the Court of Appeal Holden at Benin City in appeal no. CA/B/301/98 delivered on the 10th day of December, 2001 allowing the appeal of the present respondent against the judgment of the High Court of Edo State Holden at Benin city in suit no. B/127/91 delivered on the 5th day of January, 1996.

The present appellant had instituted an action against the respondent in which he claims in paragraphs 25 and 26 of the Amended Statement of Claim as follows:-

“25. The plaintiff claims from the defendant as follows:-

(i) A declaration that the dismissal of the plaintiff from the Defendant Bank through a letter dated 6/7/1990 signed by Mrs. G.A. Almona, the Industrial Relations Manager of the defendant Bank of Industrial Relation Department on the basis of consideration by the Disciplinary committee is wrongful, unconstitutional, null and void.

(ii) A declaration that the dismissal of the plaintiff by the Defendant Bank on the grounds of fraud of lodgment of fictitious and dud National Bank of Nigeria Otukpo Cheque N0.OTH) 72976 into Account N0. 209, Mr. Innocent Nja (sic)

Without his knowledge and approval and gross administrative fraud and irregularity in the employment of Mr. Edmond Ojo at Ugbokpo Branch without giving the plaintiff opportuniy to defend himself for the allegations against him before the disciplinary committee is wrongful, unconstitutional, null and void and contrary to the principle and rules of natural justice.

(iii) An order that the said letters of dismissal dated 6/7/1990 be set aside.

(iv) An order of perpetual injunction to restrain the Defendant Bank, its agent and/or privies from giving effect to the said letter of dismissal.

(v) An order on the defendant bank that the plaintiff be reinstated forthwith as the Defendant Bank unilaterally repudiated the employment of the plaintiff of permanent and pensionable status.

26. In the alternative, the plaintiff claims from the defendant (without the particulars of claim)

(i) The sum of N501,986.68 being damages for unlawful and wrongful dismissal, in that on or about 6/7/1990 the defendant summarily and without notice dismissed the plaintiff or caused him to be so dismissed from the services of the Defendant Bank – New Nigeria Bank Limited.

(ii) By reason of the said wrongful and unlawful dismissal as aforesaid the plaintiff has lost the benefit of further services in the said New Nigeria Bank Limited until he attains the age of retirement or retires and has lost all his benefits by way of salaries, allowances medical treatment, gratuity and person and has suffered loss and damages.”

It is the case of the appellant that he was employed by the respondent as a custom clerk on 11/1/1971 and rose to the position of Branch Manager after commendable meritorious and satisfactory services; that on 30/10/1989 he was issued with a query, Exhibit P10 in which he was accused of fraud having benefited from N3,000.00 and cheque which had earlier been drawn from an account of a customer when it was not yet cleared, thereby acting contrary to Article 4(iii) (a) of the collective Agreement, Exhibit P.18.

Secondly, that he was issued with another query dated 12/2/1990 Exhibit P.12 accusing him of aiding and abetting forging of credentials and thus guilty of dishonesty, lapse, gross administrative fraud in breach of Article 4(iv) and (ix) of the Senior Staff Collective Agreement, Exhibit P.18 which he replied by denying the charges in, Exhibit P.11 and P.13 respectively. The matter was referred to the disciplinary committee of the respondent which found the replies of the appellant unsatisfactory and consequently found the appellant guilty of “the relative offence as charged”. Consequently, appellant was dismissed from the services of the respondent resulting in the institution of the present action.