Bala Waziri v. Bank Of Agriculture Ltd (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivered the leading judgment)

This is an appeal against the judgment of the National Industrial Court of Nigeria Makurdi Division, Coram: R. B. Haastrup J, in suit No. NICN/LAF/03/2013: Bala Waziri v. Bank of Agriculture Limited delivered on 9/11/2016, in which the claim of the appellant as claimant for wrongful dismissal against the respondent as defendant was dismissed for lacking in merit.

The appellant was peeved with the said judgment and had appealed against it vide his notice of appeal filed on 12/1/2017 on six grounds of appeal. See pages 424 – 427 of the record of appeal.

Subsequently, and with the leave of this court, the appellant filed an amended notice of appeal on 28/9/2020 on five ground of appeal but was deemed as properly filed 22/3/2022.

The record of appeal was compiled and transmitted to this court on 6/2/2017. The parties filed and exchanged their briefs, which were adopted as their arguments at the hearing of this appeal on 20/3/2023. The appellant was represented by S. U. Adigbo, Esq. The respondent was represented by Emmanuel Ominyi, Esq., appearing with Benson Ekirigwe, Esq.

By a complaint filed on 13/6/2013 and in paragraph 42 (a – c) of his statement of facts before the lower court, the appellant as claimant claimed against the respondent as defendant the following relies, to wit:

A. A declaration of the court that the defendant’s letter dismissing the claimant with Ref No: BOA/HRDD/RAD/ SF/200281 dated 18/3/2013 was wrongful, illegal, unconstitutional, null and void and of no effect whatsoever.

B. An order of the court reinstating the claimant to the services of the defendant. or directing the defendant to commute the claimant’s dismissal to retirement with effect from 18/3/2013 and payment of allowances/benefits/ entitlements as may be computed as due to him.

C. An order of the court directing the defendant to pay to the claimant the sum of N10,000,000.00 as general damages for wrongful dismissal. See pages 3 – 9 of the record of appeal.

Succinct statement of facts

From the averments in the pleadings and the evidence, both oral and documentary led as in the record of appeal, the case of the appellant as claimant before the lower court inter alia was that the appellant, a former employee of the respondent, alleged that he was wrongfully dismissed from its services by the respondent, which dismissal amounted to double jeopardy contrary to section 36(10) of the Constitution of Nigeria, 1999 (as amended), having earlier been duly pardoned by the respondent for the alleged offence for which he was subsequently dismissed.

It was also his case, that even if it is assumed that exhibit CW1E, the pardon earlier granted to him by the respondent, did not exculpate him from further disciplinary actions, the procedure in exhibit CW1C,the conditions and terms of his employment were not observed by the respondent in dismissing him from the service of the respondent. See pages 3 – 9 of the record of appeal.

From the averments in the pleadings and the evidence, both oral and documentary led as in the record of appeal, the case of the respondent as defendant before the lower court inter alia was that the appellant before his dismissal was a Senior Manager of the respondent at the Lafia Branch of the respondent, and who, had contrary to the strict and binding policy, scheduling, law and approval of the respondent, diverted and gave loans of N3,150,000 to the following institutions/persons, namely: Shabu Local Government Area – N1,350,000; Doma Local Government Council – N1,100,000, and College of Agriculture, Lafia – N700, 000.

Following the above unapproved and unauthorized disbursement or virement of the above sums of money as loans to the above institutions and above person instead of Orient A & B; and one John Ogbufor which the loan was specifically meant for as approved by the Management of the respondent, there were serious operational problems in the respondent and great distrust for it by those customers climaxing in colossal loss to the respondent.