Benedict Hirki Joseph V. First Inland Bank Nig Plc (2009)

LawGlobal-Hub Lead Judgment Report

UWANI MUSA ABBA-AJI, J.C.A.

This is an appeal against the decision of Honourable Justice M.M. Dodo of the High Court of the Federal Capital Territory, Abuja, delivered on the 14th of January, 2008, whereby the learned trial judge dismissed the reliefs sought by the Plaintiff/Appellant.

The Appellant’s claim, as per his Statement of Claim at the lower court was for:-

1. A declaration that the plaintiffs dismissal on the ground of fraud as contained in the Defendant’s letter dated 21st July 2005 is wrongful null and void.
2. An order setting aside the Defendant’s letter dated 21st July, 2005, dismissing the plaintiff from the Defendant’s organisation on the ground that the letter infringed on the plaintiff’s right as contained in the Defendant’s condition of service.

The facts of the Appellant’s case as can be gleaned from the pleadings and evidence adduced was that, in 2001, the defunct Inland Bank Nigeria Plc, entered into a contract of employment with the Appellant and the contract was reduced into writing through a letter dated 3rd December, 2001, issued by the bank to him and he was employed as a Deputy Manager.

On assumption of duty on 14th January, 2002, the Appellant was made to go through various units in Kaduna branch to acquaint him with the bank’s system after which he was assigned to oversee the credit unit. Satisfied with his performance, the Respondent in another letter dated 17th June, 2003, confirmed his employment, thereby making him a permanent staff.

It is further averred that by virtue of his position in the credit unit, the system allowed him to grant overdraft to customers. In the exercise of the said powers vested upon him, he granted overdraft facilities and assisted some customers to procure foreign currencies with the sole purpose of boosting the fortunes of the Respondent. Some customers who obtain these facilities pay-up subsequently, while some were delayed. It is further averred that, in a bid to pay the overdraft facilities, some customers issued cheques, which were not honoured. Before the customers could redeem the facilities, the Respondent alleged that the transaction were fraudulent. On the 9th January, 2004, the Respondent issued a letter of suspension to the Appellant. Thereafter, the Respondent, in a letter dated 21st July, 2005 dismissed him on allegations of granting unauthorized overdrafts and fraudulent withdrawal of money from customers account.

The Appellant’s contention is that his dismissal is unlawful and in violation of Chapter 13 clause 13.5 of the Respondent’s Handbook for its workers as his dismissal was not approved by the Respondent’s Managing Director.

For the Respondent, however, it is its contention that the Appellant entered into a contract of employment with the Respondent. This was contained in a letter of employment dated 3rd December, 2001. The Appellant was subsequently assigned to oversee the credit unit of the Respondent’s Kaduna Branch. In 2004, following an investigation into the activities of the Appellant by the Respondent’s Investigation Team, the Appellant was found to have granted some unauthorized overdrafts and made withdrawals from some customers’ accounts without the customers’ consent. These withdrawals were considered fraudulent by the Respondent. The Appellant was queried. In answering the query he admitted the allegations and made a number of requests for extension of time within which to recover the facilities.

The Appellant was later suspended and when it became apparent that he was tampering with some customer’s accounts he was subsequently dismissed. The decision for dismissal was taken by the Respondent’s Management Director.

The Appellant’s case at the lower court was that his dismissal was not approved by the Respondent’s Managing Director in line with paragraph 13.5 of the Respondent’s staff Handbook and therefore, wrongful, null and void.

The Respondent on the other hand tendered in evidence Exhibit X3, the minute of a meeting of the Committee which approved the dismissal of the Appellant and others, the Managing Director of the Respondent being the Chairman of the said committee, which therefore negatives every allegation of non approval of the dismissal by the said Managing Director.

In a considered judgment delivered by the learned trial judge, the case of the Appellant was dismissed in its entirety. This is what the court said in dismissing the claim at page 122 of the Records of Appeal:-

in the interest of justice, peace and fair play, it is my humble opinion and submission to find and so hold, that the plaintiff has failed to prove his case against the defendant on balance of probability, hence, I equally so hold that;

The dismissal contained in the defendant’s letter dated 21st July, 2005 was not wrongful, null and void, such arguments and averments are hereby rejected. More so, I so hold that, the defendant’s letter dated 21st July, 2005 dismissing the plaintiff -from the defendant’s organisation, did not infringe on the plaintiff’s right as contained in the defendant’s condition of service, hence an order setting aside the letter is hereby refused.