Enterprise Bank Limited V. Olawale Nurudeen Amao (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment)

This appeal stems from the judgment of Hon. Justice O.O. Akeredolu of the Ondo State High Court of justice sitting in Akure delivered on the 14th day of February, 2006.

From the records of this appeal, the plaintiff now Respondent was an employee whose status was that of Operations manager at Appellant Bank Oke-Agbe branch, Ondo State before his employment was determined in the year 2001.

The Respondent was dismissed from the employ of Appellant Bank vide a letter of separation dated 31st January, 2011 which informed him that his services were no longer required and that his separation entitlements will be conveyed to him.

When the Respondent demanded for his entitlement from the Appellant Bank, he was informed in writing that he had no entitlements because he was implicated in a syndicated fraud while he served at Oke-Agbe branch of the Appellant bank which allegation according to the Respondent was false and unfounded. Aggrieved by that response by the Appellant bank, the Respondent filed an action at the High Court Akure wherefrom this appeal arose seeking the following reliefs:

(a). A declaration that by the letter dated January 31st 2001 titled “Separation” addressed by the Defendant bank to the plaintiff which separation was stated to take effect from February 1, 2001, Plaintiff/Respondent is entitled to payment of all his benefits including one month salary in lieu of notice having served the Defendant bank as its employee for 17 years.

(b) A declaration that the second letter titled “separation” dated March 31st 2003 with Reference No: HRD/JE/FD/SATE/2003 addressed to plaintiff by the Defendant bank which letter in the main communicated to the plaintiff, a purported confiscation of the Plaintiffs entitlements to the Defendant bank which it was claimed was to augment part of the Bank losses, Plaintiff having been purportedly implicated in a syndicated fraud (a claim which is a lie, unsubstantiated) is unconstitutional, null and void and of no effect whatsoever.

(c) An order setting aside the said letter i.e. dated 31st March, 2003 same being void and of no effect.

(d) An order directing Defendant bank to pay to Plaintiff forthwith all his entitlements including gratuity, pensions and allowances etc.

(e) Damages for libel and also for Innuendo published against Plaintiff by Defendant in a letter dated March 31, 2003 and addressed to Plaintiff and published to its Human Resources Department thereof in the following words:

“HRD/JEIFD/STAFF/2003

March 31, 2003

MR. Olawale N. Amao

c/o P. O. Box 3346