Chima Ogbonnaya V. First Bank Nigeria PLC (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State; Per Olateru-Olagbegi J. dated the 10th day of June 2013 wherein the court dismissed the Appellant’s suit.

The Appellant was an employee of the Respondent until 2007 after 21 years of service when his employment was terminated by the Respondent. The Appellant’s complain is that the Respondent in its January 2008 newsletter edition falsely and maliciously published articles concerning the Appellant. It is on the basis of the alleged malicious publication that the Appellant instituted the suit that was dismissed by the trial court.

Aggrieved with the decision of the lower Court, the Appellant filed a notice of Appeal dated 16/07/2013 and filed on 17/07/2013 with two grounds of appeal. In compliance with the rules of the court, the Appellant’s brief settled by Godwin A. Ugwu Esq. of Arua, Arua & Partners is undated and filed on 24/09/2013. The Respondent’s brief is dated 08/11/2013 and filed on 11/11/2013 but settled by David Duvwode Esq., Ola-Apalara & Co.

Appellant in his brief formulated three (3) issues for determination as follows:

1. Whether an Appellant who was not incriminated of any crime and yet the Respondent terminated his employment and defamed him in their News letter and the learned Judge could not award damages to the Appellate even after acknowledgment of his innocence;
2. The learned Judge could not acknowledge the narrowness of the Banking industry and negative impact of such publication in Nigeria Banking Industry where the Appellant has spent Twenty One (21) years without blemish until he was wrongly defamed and thrown out of the industry in Nigeria which incapacitated him.
3. Whether in the circumstances the defamatory statement was a universal philosophical statement as stated by the learned Judge under these circumstances.

The Respondent on the other hand formulated three issues for the determination of this appeal thus:

1. Whether the guilt or innocence of the Appellant by the panel set up by the Defendant/Respondent has any material relevant to the present appeal when the parties to the suit admitted during trial that the appellant’s employment was rightfully terminated.
2. Whether the High Court was right in dismissing the claims of the Appellant;
3. Whether the third issue for determination formulated by the Appellant emanated from the grounds of appeal in the Appellant Notice of Appeal dated 15th July, 2013.

Before proceeding to the analysis of argument and resolution of the issue, I must not fail to comment on the brief of argument filed by the parties, especially that of the Appellant. The Appellant seems not to fully appreciate the essence of an appeal with particular emphasis on nature of ground of appeal and issues for determination. It is necessary to produce the ground of appeal as contained in the notice of appeal thus:

“3. GROUNDS OF APPEAL

i. The learned trial judge erred in law for acknowledging that the Appellant was not incriminated of any crime and yet the respondent terminated his service and defamed him in their Newsletter and the learned Judge could not award damages to the Appellant for the defamation done by such publication.

ii. The learned trial judge also erred in law when he could not acknowledge the narrowness of the Banking industry in Nigeria and impact of such publication in Nigerian Banking Industry where the Appellant has spent twenty one (21) years without blemish until he was wrongfully defamed and thrown out of the industry in Nigeria, which incapacitated him.

PARTICULARS

(A) The panel set up by the Respondent exonerated the Appellant and yet his picture was published in the Newsletter that led to the defamation.

(B) Despite admission by the Respondent that the Appellant was exonerated by the panel went ahead to publish his name without even publishing a rejoinder to the publication.

(C) The Respondent did not deny that the Newsletter was published by them and that it spread to the entire 400 Branches worldwide inclusive of other Banks in Nigeria.